2019 -- S 0997

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LC002836

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- EXPLOITATION OF ELDERS

     

     Introduced By: Senators Coyne, Lynch Prata, Seveney, DiPalma, and Euer

     Date Introduced: June 20, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-68-1 of the General Laws in Chapter 11-68 entitled

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"Exploitation of Elders" is hereby amended to read as follows:

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     11-68-1. Definitions.

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     As used in this chapter:

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     (1) "Business relationship" means a relationship between two (2) or more individuals or

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entities where there exists an oral or written contract or agreement for goods or services.

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     (2) "Caregiver" means a person who has been entrusted with or has assumed

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responsibility for the care or the property of an elder person. Caregiver includes, but is not limited

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to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health

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care providers, and employees and volunteers of elder care facilities.

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     (3) "Deception" means misrepresenting or concealing a material fact relating to:

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     (i) Services rendered, disposition of property, or use of property, when such services or

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property are intended to benefit an elder person; or

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     (ii) Terms of a contract or agreement entered into with an elder person; or

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     (iii) An existing or preexisting condition of any property involved in a contract or

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agreement entered into with an elder person; or

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     (iv) Using any misrepresentation, false pretense, or false promise in order to induce,

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encourage or solicit an elder person to enter into a contract or agreement.

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     (4) "Elder person" means a person sixty-five (65) sixty (60) years of age or older.

 

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     (5) "Intimidation" means the communication by word or act to an elder person that the

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elder person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical

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services, money, or financial support or will suffer physical violence.

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     (6) "Lacks capacity to consent" means an impairment by reason of mental illness,

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developmental disability, organic brain disorder, physical illness or disability, short-term memory

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loss, or other cause, that causes an elder person to lack sufficient understanding or capacity to

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make or communicate reasonable decisions concerning the elder person's person or property.

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     (7) "Position of trust and confidence" with respect to an elder person means the position

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of a person who:

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     (i) Is a spouse, adult child, or other relative by blood or marriage of the elder person;

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     (ii) Is a joint tenant or tenant in common with the elder person;

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     (iii) Has a legal or fiduciary relationship with the elder person including, but not limited

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to, a court-appointed or voluntary guardian, trustee, attorney, or conservator;

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     (iv) Is the caregiver of the elder person; or

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     (v) Is any other person who has been entrusted with or has assumed responsibility for the

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use or management of the elder person's funds, assets, or property.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- EXPLOITATION OF ELDERS

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     This act would change the definition of "elder person" for purposes of exploitation of

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elders from a person sixty-five (65) years of age or older to a person sixty (60) years of age or

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older.

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     This act would take effect upon passage.

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LC002836

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