2007 Legislation
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HOUSE BILL NO. 73 – Financial exploitatn/restitution

HOUSE BILL NO. 73

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Bill Status



H0073aa..............................by JUDICIARY, RULES AND ADMINISTRATION
FINANCIAL EXPLOITATION - Amends existing law relating to financial
exploitation to allow for victim restitution and private causes of action;
and to revise a definition.

01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/06    Rpt out - to Gen Ord
02/13    Rpt out amen - to engros
02/14    Rpt engros - 1st rdg - to 2nd rdg as amen
02/15    2nd rdg - to 3rd rdg as amen
02/19    3rd rdg as amen - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Roberts
    Floor Sponsor - Bilbao
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 73
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FINANCIAL EXPLOITATION; AMENDING SECTION 18-1505, IDAHO  CODE,  TO
  3        REVISE DESCRIPTIVE LANGUAGE, TO PROHIBIT THE EXPLOITATION OF PERSONS FIFTY
  4        YEARS  OF AGE OR OLDER, TO ALLOW FOR VICTIM RESTITUTION AND PRIVATE CAUSES
  5        OF ACTION, TO REVISE A DEFINITION AND TO LIMIT APPLICATION IN CERTAIN CIR-
  6        CUMSTANCES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 18-1505, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        18-1505.  ABUSE,  EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT OR SENIOR.
 11    (1) Any person who abuses or neglects a vulnerable adult  under  circumstances
 12    likely  to produce great bodily harm or death is guilty of a felony punishable
 13    by imprisonment for not more than ten (10) years and not more than  a  twenty-
 14    five thousand dollar ($25,000) fine.
 15        (2)  Any  person  who  abuses or neglects a vulnerable adult under circum-
 16    stances other than those likely to produce  great  bodily  harm  or  death  is
 17    guilty of a misdemeanor.
 18        (3)  Any person who exploits a vulnerable adult or any person who is fifty
 19    (50)  years  of  age  or older is guilty of a misdemeanor, unless the monetary
 20    damage from such exploitation exceeds one thousand dollars ($1,000), in  which
 21    case  the person is guilty of a felony punishable by imprisonment for not more
 22    than ten (10) years and not more than a twenty-five thousand dollar  ($25,000)
 23    fine.  Any  person  who exploits a vulnerable adult or any person who is fifty
 24    (50) years of age or older may also be ordered to pay full restitution to  the
 25    victim  for any financial loss and may be subject to a private cause of action
 26    by the victim.
 27        (4)  As used in this section:
 28        (a)  "Abuse" means the intentional or  negligent  infliction  of  physical
 29        pain,  injury  or mental injury. Intentional abuse shall be punished under
 30        subsection (1) or (2) of this section depending upon the  harm  inflicted.
 31        Abuse  by negligent infliction shall only be punished under subsection (2)
 32        of this section.
 33        (b)  "Caretaker" means any individual or institution that  is  responsible
 34        by  relationship,  contract  or  court  order  to provide food, shelter or
 35        clothing, medical or other life-sustaining  necessities  to  a  vulnerable
 36        adult.
 37        (c)  "Exploitation" or "exploit" means an action which may include, but is
 38        not  limited to, the misuse of a vulnerable adult's the funds, property or
 39        resources of a vulnerable adult or any person who is fifty (50)  years  of
 40        age or older by another person for profit or advantage.
 41        (d)  "Neglect"  means  failure  of  a caretaker to provide food, clothing,
 42        shelter or medical care to a vulnerable adult, in  such  a  manner  as  to
 43        jeopardize the life, health and safety of the vulnerable adult.
                                                                        
                                       2
                                                                        
  1        (e)  "Vulnerable adult" means a person eighteen (18) years of age or older
  2        who  is  unable to protect himself from abuse, neglect or exploitation due
  3        to physical or mental impairment which affects the  person's  judgment  or
  4        behavior  to the extent that he lacks sufficient understanding or capacity
  5        to make or communicate or implement decisions regarding his person.
  6        (5)  Nothing in this section shall  be  construed  to  mean  a  person  is
  7    abused,  neglected  or exploited for the sole reason he is relying upon treat-
  8    ment by spiritual means through prayer alone in accordance with the tenets and
  9    practices of a recognized church or religious denomination; nor shall the pro-
 10    visions of this section be construed to require any medical care or  treatment
 11    in contravention of the stated or implied objection of such a person.
 12        (6)  Nothing  in  this section shall be construed to mean that an employer
 13    or supervisor of a person who abuses, exploits or neglects a vulnerable  adult
 14    or exploits a vulnerable adult or any person who is fifty (50) years of age or
 15    older may be prosecuted unless there is direct evidence of a violation of this
 16    statute by the employer or supervisor.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Smith (24)          
                                                                        
                                                     Seconded by Bock                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 73
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 18, delete "or any  person  who  is
  3    fifty";  in  line  19, delete "(50) years of age or older"; in line 23, delete
  4    "or any person who is fifty"; in line 24, delete "(50) years of age or older";
  5    in line 39, delete "or any person who is fifty (50) years  of";  in  line  40,
  6    delete  "age  or  older";  on page 2, in line 14, delete "or any person who is
  7    fifty (50) years of age or"; and in line 15, delete "older".
                                                                        
  8                                 CORRECTION TO TITLE
  9        On page 1, in line 3, delete "TO  PROHIBIT  THE  EXPLOITATION  OF  PERSONS
 10    FIFTY";  in  line 4, delete "YEARS OF AGE OR OLDER,"; in line 5, delete "LIMIT
 11    APPLICATION IN CERTAIN CIR-" and delete line 6  and  insert:  "REVISE  WORDING
 12    REGARDING LIMITED APPLICATION.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 73, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FINANCIAL EXPLOITATION; AMENDING SECTION 18-1505, IDAHO  CODE,  TO
  3        REVISE  DESCRIPTIVE  LANGUAGE, TO ALLOW FOR VICTIM RESTITUTION AND PRIVATE
  4        CAUSES OF ACTION, TO REVISE A DEFINITION AND TO  REVISE WORDING  REGARDING
  5        LIMITED APPLICATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 18-1505, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        18-1505.  ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT OR  SENIOR.
 10    (1)  Any  person who abuses or neglects a vulnerable adult under circumstances
 11    likely to produce great bodily harm or death is guilty of a felony  punishable
 12    by  imprisonment  for not more than ten (10) years and not more than a twenty-
 13    five thousand dollar ($25,000) fine.
 14        (2)  Any person who abuses or neglects a vulnerable  adult  under  circum-
 15    stances  other  than  those  likely  to  produce great bodily harm or death is
 16    guilty of a misdemeanor.
 17        (3)  Any person who exploits a vulnerable adult  is  guilty  of  a  misde-
 18    meanor, unless the monetary damage from such exploitation exceeds one thousand
 19    dollars ($1,000), in which case the person is guilty of a felony punishable by
 20    imprisonment  for not more than ten (10) years and not more than a twenty-five
 21    thousand dollar ($25,000) fine. Any person who exploits a vulnerable adult may
 22    also be ordered to pay full restitution to the victim for any  financial  loss
 23    and may be subject to a private cause of action by the victim.
 24        (4)  As used in this section:
 25        (a)  "Abuse"  means  the  intentional  or negligent infliction of physical
 26        pain, injury or mental injury. Intentional abuse shall be  punished  under
 27        subsection  (1)  or (2) of this section depending upon the harm inflicted.
 28        Abuse by negligent infliction shall only be punished under subsection  (2)
 29        of this section.
 30        (b)  "Caretaker"  means  any individual or institution that is responsible
 31        by relationship, contract or court  order  to  provide  food,  shelter  or
 32        clothing,  medical  or  other  life-sustaining necessities to a vulnerable
 33        adult.
 34        (c)  "Exploitation" or "exploit" means an action which may include, but is
 35        not limited to, the misuse of a vulnerable adult's the funds, property  or
 36        resources of a vulnerable adult by another person for profit or advantage.
 37        (d)  "Neglect"  means  failure  of  a caretaker to provide food, clothing,
 38        shelter or medical care to a vulnerable adult, in  such  a  manner  as  to
 39        jeopardize the life, health and safety of the vulnerable adult.
 40        (e)  "Vulnerable adult" means a person eighteen (18) years of age or older
 41        who  is  unable to protect himself from abuse, neglect or exploitation due
 42        to physical or mental impairment which affects the  person's  judgment  or
 43        behavior  to the extent that he lacks sufficient understanding or capacity
                                                                        
                                       2
                                                                        
  1        to make or communicate or implement decisions regarding his person.
  2        (5)  Nothing in this section shall  be  construed  to  mean  a  person  is
  3    abused,  neglected  or exploited for the sole reason he is relying upon treat-
  4    ment by spiritual means through prayer alone in accordance with the tenets and
  5    practices of a recognized church or religious denomination; nor shall the pro-
  6    visions of this section be construed to require any medical care or  treatment
  7    in contravention of the stated or implied objection of such a person.
  8        (6)  Nothing  in  this section shall be construed to mean that an employer
  9    or supervisor of a person who abuses, exploits or neglects a vulnerable  adult
 10    or  exploits  a vulnerable adult may be prosecuted unless there is direct evi-
 11    dence of a violation of this statute by the employer or supervisor.

Statement of Purpose / Fiscal Impact



REPRINT      REPRINT      REPRINT      REPRINT      REPRINT      
                                                                 
                       STATEMENT OF PURPOSE

                             RS 16736

The purpose of this legislation is to amend Idaho Code Section
18-1505, relating to financial exploitation of vulnerable adults.
Any person who exploits a vulnerable adult may be ordered to pay
full restitution to the victim for any loss incurred.  Existing
fines and penalties will remain in force per this code.


                           FISCAL NOTE

No fiscal impact to the General Fund.



Contact
Name: Representative Carlos Bilbao 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                        H 73aa