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| Sen. Todd Gardenhire |
The bills are intended to expand "systemic
protection" for victims of physical, mental and financial abuse,
imposing tougher penalties on perpetrators convicted of the offenses.
Among other things, the three bills would add elder abuse as an aggravating factor for juries to consider in death penalty cases.
Bankers and financial advisers would gain new
whistle-blower protections in cases where they suspect elderly
Tennesseans are being exploited.
"We have to address abuse," Norris said Monday at a news conference with lawmakers, prosecutors, bankers and senior advocates.
Noting seniors represent "one of the fastest
[growing] demographic segments in our country," Norris said physical,
sexual and financial fraud shot up by some 20 percent in the U.S.
between 2009 and 2013. And it remains an under-reported crime, he added.
All three measures come out of an Elderly and
Vulnerable Adult Abuse Task Force and are intended to build on a 2016
law sponsored by Norris and Rep. Kelly Keisling, R-Byrdstown, which
established Vulnerable Adult Protective Investigative Teams in the
state.
The teams operate in all 31 of Tennessee's judicial
districts and seek to foster cooperation and information sharing
between different government agencies whose mission includes protecting
elderly and vulnerable adults.
"Financial exploitation robs elderly victims of
their money and their dignity," said Gardenhire, a retired financial
adviser. "It also can rob them of their independence and can even force
them into depending on government assistance, despite their best efforts
to save for their golden years."
As a financial adviser, Gardenhire said he
witnessed instances of abuse, sometimes by seniors' own children. "They
come in and suck the money out of their [parents'] accounts."
The senator is co- sponsoring the bill dealing with
financial abuse, which he said "gives someone immunity to pick up the
phone and call somebody to say, 'I think Grandma is being taken
advantage of.'"
District Attorney General Lisa Zavogiannis in the
31st Judicial District, which is comprised of Van Buren and Warren
counties, said she's seen an increase in abuse that's "just devastating"
during her tenure as a prosecutor.
Components of the three bills would elevate how
some crimes are classified, thereby increasing amounts of fines and
prison time, turning some current misdemeanors into felonies,
Zavogiannis said.
Norris said elderly abuse is a silent crisis in
which crimes "often go unreported, leaving its helpless victims to
suffer silently. And, far too frequently, it happens at the hand of
those whom they trust the most."
Incapacitation, shame, fear of losing independence
or "simply being unaware of available resources, discourages victims
from reporting abuse," Norris said. "Often, because the abuser may be a
family member, the individual may also be fearful of reprisals."
Lawmakers say studies show reported cases of
assault and financial exploitation of vulnerable adults have increased
by 20 percent or more over the last decade.
According to estimates, as many as one in 14 cases
of elder abuse are unreported. Other estimates indicate 41.4 percent of
offenses were committed by a family member. Another 13.3 percent of
victims were described by law enforcement as having close relationships
with the perpetrator.
The legislation is being supported by AARP and the Tennessee Commission on Aging and Disability.
"It's time that we stop it," said Jim Shulman,
executive director of the Commission on Aging and Disability. "Some of
the stories are just horrendous."
To boost protection and penalties, the lawmakers introduced the following bills:
* Senate Bill 1230, the "Elderly
and Vulnerable Adult Protection Act," which adds on existing criminal
laws impacting elder and vulnerable adult abuse and exploitation. It
creates class C and D felonies for those found guilty of committing
these crimes and requires state agencies to submit offenders' names to
the Tennessee Department of Health's Abuse Registry.
* Senate Bill 1192 makes various
changes to state regulation of securities. That includes granting the
commissioner of the Department of Commerce and Insurance authority to
restrict certain exemptions, increasing penalties for violations where
senior citizens and adults with certain mental or physical dysfunctions
are victims and altering filing and renewal requirements.
* Senate Bill 1267 requires the
state Department of Financial Institutions to consult with financial
service providers, the Tennessee Commission on Aging and Disability and
the Department of Human Services to consider ways all can collaborate to
promote education and awareness of the dangers to vulnerable adults
regarding financial exploitation.
Full Article & Source:
Tennessee lawmakers Norris, Gardenhire push bills to battle elderly abuse
I hope they included guardianship abuse.
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