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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