Bill Text: HI SB694 | 2024 | Regular Session | Introduced
Bill Title: Relating To Health.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB694 Detail]
Download: Hawaii-2024-SB694-Introduced.html
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THE SENATE |
S.B. NO. |
694 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the rate of financial exploitation of vulnerable adults is high, yet vastly under‑reported. For example, one in twenty older adults indicate some form of perceived financial mistreatment occurring in the recent past, but only one in forty-four cases of elder financial abuse is reported.
Accordingly, the purpose of this Act is to provide additional protection to vulnerable adults by making the financial exploitation of a vulnerable adult by a caregiver a class A felony.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§708- Financial exploitation of a vulnerable
adult; caregivers. (1)
A caregiver commits the offense of financial exploitation of a
vulnerable adult if the caregiver intentionally or knowingly:
(a) Takes, withholds, misappropriates, or uses a vulnerable adult's money, real property, or personal property without authorization;
(b) Breaches a fiduciary duty to the vulnerable adult, such as misusing a power of attorney or guardianship privileges, resulting in the unauthorized appropriation, sale, or transfer of property;
(c) Takes the vulnerable adult's personal assets without authorization;
(d) Misappropriates or misuses any money belonging to the vulnerable adult from a personal or joint account;
(e) Fails to effectively use a vulnerable adult's income and assets for the necessities required for the vulnerable adult's support and maintenance; provided that the caregiver has a duty to expend income and assets on behalf of the vulnerable adult for those purposes; or
(f) Uses coercion, manipulation, threats, intimidation, misrepresentation, or undue influence to take, appropriate, sell, transfer, or withhold a vulnerable adult's money, assets, real property, or personal property;
provided that the total value of the money,
assets, or property taken or used exceeds $50,000.
(2) Financial exploitation of a vulnerable adult
is a class A felony.
(3) For the purposes of this section:
"Caregiver"
means any person who has knowingly and willingly assumed responsibility, on a
part-time or full-time basis, for the care, supervision, or physical control
of, or who has a legal or contractual duty to care for the health, safety, and
welfare of a vulnerable adult.
"Vulnerable
adult" means a person eighteen years of age or older who, because of
mental, developmental, or physical impairment, is unable to:
(1) Communicate or make responsible decisions to manage the person's own care or resources;
(2) Carry out or arrange for essential activities of daily living; or
(3) Protect oneself from financial exploitation, as defined in section 346-222."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Penal Code; Caregivers; Financial Exploitation; Elder Abuse; Vulnerable Adults
Description:
Makes financial exploitation of a vulnerable adult by a caregiver a Class A felony.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
