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AL HB45

Bill

Status

Engrossed

4/2/2013

Primary Sponsor

Paul DeMarco

Click for details

Origin

House of Representatives

Regular Session 2013

AI Summary

HB45 Summary: Protecting Alabama's Elders Act

  • Establishes three degrees of elder abuse and neglect crimes: First degree (intentional abuse/neglect causing serious physical injury) as Class A felony, second degree (intentional abuse causing physical injury or reckless abuse causing serious injury) as Class B felony, and third degree (reckless abuse/neglect causing physical injury or reckless emotional abuse) as Class A misdemeanor.

  • Creates three degrees of financial exploitation of elderly persons (age 60+) based on property value: first degree over $2,500 (Class B felony), second degree $500-$2,500 (Class C felony), and third degree under $500 (Class A misdemeanor).

  • Defines key terms including "caregiver," "deception," "emotional abuse," "intimidation," "neglect," and "undue influence" for enforcement purposes.

  • Establishes a seven-year statute of limitations for financial exploitation prosecutions and allows prosecution in any county where the crime occurred or where the victim resides, regardless of defendant's physical presence.

  • Provides civil immunity from liability for persons reporting, investigating, or participating in judicial proceedings related to elder abuse or financial exploitation, unless acting recklessly, in bad faith, or with malicious purpose; exempts licensed physicians from charges under abuse and neglect provisions.

Legislative Description

Crimes and offenses, elder abuse, creating the crimes of elder abuse and neglect and financial exploitation of an elderly person in the first, second, and third degree

Crimes and Offenses

Last Action

Marsh Tabled Marsh Motion to rerefer adopted Roll Call 306

4/4/2013

Committee Referrals

Judiciary4/4/2013
Judiciary2/5/2013

Full Bill Text

No bill text available