Chapter 161

2008 -- H 7176 SUBSTITUTE A

Enacted 07/01/08

 

A N A C T

RELATING TO CRIMINAL PROCEDURE -- ELDERLY VIOLENCE PREVENTION ACT

          

     Introduced By: Representatives Naughton, E Coderre, Kennedy, Lima, and Almeida

     Date Introduced: January 22, 2008

 

   It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 12-29.1 of the General Laws entitled "Elderly Violence Prevention

Act" is hereby amended by adding thereto the following section:

 

     12-29.1-6. Speedy trial. – In any action involving a victim sixty-five (65) years of age or

older, the court shall take appropriate action to ensure a speedy trial to minimize the length of

time the victim must endure the stress of involvement in the proceeding. In ruling on any motion

or request for a delay or continuance of proceedings, the court shall consider any adverse impact

the delay or continuance may have on the well-being of the victim or witness. This provision

establishes a right to speedy trial to the victim and shall not be construed as creating any

additional rights in the defendant.

 

     SECTION 2. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

 

     CHAPTER 68

EXPLOITATION OF ELDERS

 

     11-68-1. Definitions. – As used in this chapter:

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

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

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

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

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

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

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

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

property are intended to benefit an elder person; or

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

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

agreement entered into with an elder person; or

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

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

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

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

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

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

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

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

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

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

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

of a person who:

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

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

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

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

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

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

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

 

     11-68-2. Exploitation of an elder. – (a) A person is guilty of exploitation of an elder

person if that person:

     (1) Knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or

use, an elder person's funds, assets or property with the intent to temporarily or permanently

deprive the elder person of the use, benefit, or possession of the funds, assets or property, or to

benefit someone other than the elder person by a person who:

     (i) Stands in a position of trust and confidence with the elder person; or

     (ii) Has a business relationship with the elder person; or

     (2) Knowingly, by deception or intimidation, obtains or uses, endeavors to obtain or use,

or conspires with another to obtain or use an elder person's funds, assets, or property with the

intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of

the funds, assets, or property, or to benefit someone other than the elder person, by a person who

knows or reasonably should know that the elder person lacks the capacity to consent.

     (b) Any person who shall exploit an elder person as defined in this chapter shall be guilty

of a felony.

 

     11-68-3. Penalties for violations. – (a) Any person convicted of exploiting an elder

person as provided under this chapter shall be punished as follows:

     (1) If the funds, assets, or property involved in the exploitation of the elder person are

valued at less than five hundred dollars ($500), the person shall be subject to imprisonment for

not more than five (5) years or by a fine of not more than five thousand dollars ($5,000) or both.

     (2) If the funds, assets, or property involved in the exploitation of the elder person are

valued at five hundred dollars ($500) or more, but less than one hundred thousand dollars

($100,000), the person shall be subject to imprisonment for not more than fifteen (15) years or by

a fine of not more than ten thousand dollars ($10,000) or both.

     (3) If the funds, assets, or property involved in the exploitation of the elder person are

valued at one hundred thousand dollars ($100,000) or more, the person shall be subject to

imprisonment for not more than thirty (30) years or by a fine of not more than fifteen thousand

dollars ($15,000) or both.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC00390/SUB A/4

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