Bill Text: DE HB302 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Reporting Financial Exploitation Of The Elderly And Infirm.

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Introduced - Dead) 2010-01-07 - Introduced and Assigned to Judiciary Committee in House [HB302 Detail]

Download: Delaware-2009-HB302-Draft.html

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SPONSOR:	Rep. B. Short & Sen. DeLuca & Sen. Blevins
	Reps. Barbieri, Bennett, Carson, Hudson, Keeley, Kowalko, Longhurst, Mitchell, Oberle, Ramone, Schooley, D. Short, D.E. Williams, Wilson; Sens. Ennis, Hall-Long, Henry, Sokola, Venables

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 302

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO REPORTING FINANCIAL EXPLOITATION OF THE ELDERLY AND INFIRM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Title 10 of the Delaware Code by adding a new §8146 as follows:

"§8146. EXEMPTION FROM CRIMINAL AND CIVIL LIABILITY FOR REPORTING FINANCIAL EXPLOITATION OF THE ELDERLY AND INFIRM.

(a) For purposes of this section:

(1) "Reporting program" means an internal written policy, program, plan or procedure adopted by a person for the purpose of establishing protocols for the reporting of suspected financial exploitation to law enforcement or other authorities.

(2) "Elderly person" has the same meaning as defined in 11 Del. C. §222(9).

(3) "Infirm adult" has the same meaning as defined in 31 Del. C. §3902(1).

(4) "Person" means any individual, corporation, partnership, limited liability company, unincorporated association, or other entity.

(5) "Financial exploitation" means any act of illegally acquiring, appropriating or using the money, financial resources, assets or property of an elderly person or infirm adult through fraud, trickery, deceit or undue influence.

(b) (1) No person, excluding the perpetrator, shall be subject to criminal liability or to suit, directly, derivatively, or by way of contribution or indemnification, for any civil damages of any type as a result of participating in a reporting program with respect to any act, omission, failure to act or failure to report pursuant to such reporting program.

(2) A person who reports suspected financial fraud to a law enforcement authority or Adult Protective Services when that report is not made pursuant to a reporting program shall not be subject to criminal liability or to suit, directly, derivatively, or by way of contribution or indemnification, for any civil damages of any type resulting from such report if the report is made under a good faith belief that financial exploitation has occurred.

(c) Any regulation, statute, court rule or judicial opinion designating a communication or information as privileged or confidential shall not apply to any report made pursuant to a reporting program.

(d) This section shall not apply to any person who perpetrates any financial fraud.

(e) No person may be compelled to adopt a reporting program."

Section 2. If any provision of this Act or the application of any section or part thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.

Section 3. The provisions of this Act shall be effective upon its enactment into law.

SYNOPSIS

This bill is intended to encourage the reporting of suspected financial exploitation of the elderly and infirm adults by providing immunity from criminal and civil liability for making such reports. Under the bill, anyone who makes a good faith report to law enforcement authorities of such suspected activity is immune from criminal and civil liability for making that report. In addition, any person that adopts a formal written program for reporting suspected financial fraud is immune from civil or criminal liability for any report, act, or omission under that program.

Participation in reporting programs is voluntary.