HB304 Summary

• Establishes the Elder Abuse Protection Order and Enforcement Act to provide civil protection orders for elderly persons (age 60+) who are victims of elder abuse.

• Defines "elder abuse" to include abuse, arson, assault, criminal coercion, emotional abuse, financial exploitation, harassment, kidnapping, menacing, reckless endangerment, sexual abuse, stalking, theft, and unlawful imprisonment against an elderly person.

• Authorizes courts (circuit, district, and municipal) to issue temporary ex parte and final elder abuse protection orders, and allows guardians, conservators, power of attorney agents, and interested persons to petition on behalf of incapacitated elderly victims.

• Permits courts to grant relief including restraining orders, property protections, removal from residence, firearm prohibitions, restitution, and attorney fees based on risk of imminent harm to the plaintiff.

• Makes violation of an elder abuse protection order a Class A misdemeanor, with second violations requiring minimum 30 days imprisonment and third or subsequent violations requiring minimum 120 days imprisonment, neither suspendable.