| Chapter 077 |
| 2022 -- H 7246 Enacted 06/15/2022 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- EXPLOITATION OF ELDERS |
Introduced By: Representatives Knight, and Cassar |
| Date Introduced: January 28, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 11-68-1 of the General Laws in Chapter 11-68 entitled "Exploitation |
| of Elders" is hereby amended to read as follows: |
| 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, healthcare 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) sixty (60) 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. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004113 |
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