Monday, April 8, 2013

'Protecting Alabama's Elders Act' Bill Passes House

The bill known as the Protecting Alabama's Elders Act passed the House. The bill proposes to create new articles in the Criminal Code to combat elder abuse and financial exploitation. The bill is different from the version that passed the Senate so it will go back to the chamber for approval.

The legislation will strengthen Alabama's laws to protect seniors and provide law enforcement agencies with the tools needed to punish those who hurt them.

"I am pleased the House passed this important legislation so we can make sure law enforcement have the tools that they need to prosecute those who attempt to take advantage of Alabama's seniors," explained Representative Paul DeMarco, House Sponsor of the bill.
The legislation will create additional sections in the criminal code for elder abuse, neglect and financial exploitation. These new sections will provide law enforcement and prosecutors with additional avenues to prosecute elder abuse, neglect and financial exploitation.

Currently, the penalties are found in the Adult Protective Services Act and apply only to victims who could be categorized as a "protected person." The proposed legislation does not change the current APS penalties, but adds new sections to the Alabama criminal code. The new criminal code sections would apply to victims who are 60 years of age or older, regardless of mental competency, so all that law enforcement officials will have to prove is the victim's age.

Elder abuse and neglect can be prosecuted as first degree, second degree, or third degree abuse or neglect depending on the type and severity of harm to the victim. The penalties range from a class A misdemeanor for elder abuse and neglect in the third degree to a class A felony for intentional abuse or neglect which causes serious physical injury. A class A felony carries a sentence of ten years to life in Alabama.

Full Article and Source:
Elder Abuse Bill Passes House


Anonymous said...

I'm glad to see Elder Abuse a topic in a growing number of states.

Thelma said...

But does it elevate criminal penalties for fiduciary feasting?

StandUp said...

At this point, Thelma, I don't think "they" even see fiduciary feasting at all.

kael nevets said...

I see so much on Guardianship Abuse of the elderly but what about Financial abuse/exploitation of the elderly with Dementia who have been abused by commercial establishments in an extreme financial way such as banking Institutions are there no such protections especially in Alabama?