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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