HCS/HBs 1386 & 1086 - This act creates the crime of financial exploitation of an elderly or disabled person. A person commits the crime if, while in a position of trust and confidence with the elderly or disabled person, he or she knowingly and by deception or intimidation obtains control over the property of an elderly or disabled person with the intent to permanently deprive that person of the use of the property. The crime is a Class A misdemeanor if the value of the property is less than $250, and a Class C felony if the value is $250 or more. Reasonable belief that the victim is not an elderly or disabled person shall not be a defense to the crime.

The act shall not be construed to limit any remedies available to the victim through domestic violence laws, nor to impose civil liability on a person who in good faith makes an effort to assist an elderly or disabled person with property management. The act shall not limit ability of a person to engage in bona fide estate planning, provided the elderly or disabled person's standard of living is not adversely impacted.

This act is similar to portions of SB 576.
ERIN MOTLEY