Loading chat...
AL HB45
Bill
Status
4/2/2013
Primary Sponsor
Paul DeMarco
Click for details
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