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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 - 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.
]]]] 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.".
]]]] 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.
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