2013 Session

Budget Amendments - HB1500 (Member Request)

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Chief Patron: Watts
Penalties for Exploitation of Eldery and Incapacitated

Item 389 #13h

Item 389 #13h

First Year - FY2013 Second Year - FY2014
Public Safety
Corrections, Department of FY2013 $0 FY2014 $50,000 GF

Page 341, line 18, strike "$94,276,988" and insert "$94,326,988".
Page 344, after line 17, insert:
"11.  To increase penalties for the financial exploitation of incapacitated adults and adults 60 years of age or older -- $50,000."

(This amendment provides for the criminal bed space needs associated with adding penalties for the financial exploitation of an incapacitated adult or adult age 60 or older. House Bill 1455 imposes a Class 5 felony for any conviction where the offender knowingly exploits the impaired mental or physical capacity of an adult or incapacitated adult by deception, intimidation, undue influence, coercion, harassment, or misrepresentation to use, obtain, convert, or take control of the property and financial resources of the victim. If the offender is responsible for the care, custody, or control of the victim or has a fiduciary relationship with the victim, the penalty imposed is a Class 3 felony. A Class 5 felony is punishable by up to 10 years in prison or up to 12 months in jail and a fine of no more than $2,500. A Class 3 is punishable by up to 20 years in prison and a fine of no more than $100,000. The amendment is subject to the adoption of House Bill 1455 by the 2013 Session of the General Assembly.)