CS/CS/HB 409 - Offenses Against Vulnerable Persons

• Expands hearsay exception rules to allow out-of-court statements by elderly persons and disabled adults describing abuse, neglect, exploitation, or violent acts in civil and criminal proceedings, with safeguards for reliability.

• Extends criminal penalties for fraudulent use of personal identification information to include persons 60 years or older, disabled adults, public servants, veterans, first responders, and government employees; imposes $1,001 surcharge split between law enforcement grants ($500), prosecutions ($250), and public defense ($250).

• Removes requirement that property be obtained through deception or intimidation to constitute exploitation of elderly persons or disabled adults; creates presumption that inter vivos transfers exceeding $10,000 to nonrelatives known fewer than 2 years are result of exploitation.

• Increases property value thresholds for exploitation charges: first degree felony at $100,000+ (previously $50,000+), second degree at $20,000-$99,999 (previously $10,000-$49,999), third degree at under $20,000 (previously under $10,000).

• Creates Identity Theft and Fraud Grant Program to award grants to local law enforcement agencies for investigating personal identification information theft and fraud crimes; effective October 1, 2014.