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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 ofa vulnerable adult'sthe 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, exploitsor 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved 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.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 ofa vulnerable adult'sthe 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, exploitsor 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.
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