Chapter 204
2008 -- S 2501
SUBSTITUTE A
Enacted 07/02/08
A N A C T
RELATING
TO CRIMINAL PROCEDURE -- ELDERLY VIOLENCE PREVENTION ACT
Introduced
By: Senators Goodwin, and Maselli
Date
Introduced: February 13, 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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LC00225/SUB A/2
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