PRINTER'S NO. 1658
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1339
Session of
2017
INTRODUCED BY CEPHAS, HAGGERTY, PASHINSKI, SCHLEGEL CULVER,
BOYLE, RABB, YOUNGBLOOD, DAVIS, DONATUCCI, SOLOMON, BOBACK,
SCHWEYER, MILLARD, SCHLOSSBERG, KINSEY, SAINATO, O'BRIEN,
FREEMAN, HILL-EVANS, KIRKLAND, BIZZARRO, BULLOCK AND SIMS,
MAY 5, 2017
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MAY 5, 2017
AN ACT
Amending the act of November 6, 1987 (P.L.381, No.79), entitled
"An act relating to the protection of the abused, neglected,
exploited or abandoned elderly; establishing a uniform
Statewide reporting and investigative system for suspected
abuse, neglect, exploitation or abandonment of the elderly;
providing protective services; providing for funding; and
making repeals," in preliminary provisions, further providing
for definitions; and, in reporting suspected abuse by
employees, providing for financial abuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "abuse" in section 103 of the
act of November 6, 1987 (P.L.381, No.79), known as the Older
Adults Protective Services Act, is amended and the section is
amended by adding a definition to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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* * *
"Abuse." The occurrence of one or more of the following
acts:
(1) The infliction of injury, unreasonable confinement,
intimidation or punishment with resulting physical harm, pain
or mental anguish.
(2) The willful deprivation by a caretaker of goods or
services which are necessary to maintain physical or mental
health.
(3) Sexual harassment, rape or abuse, as defined in the
act of October 7, 1976 (P.L.1090, No.218), known as the
Protection From Abuse Act.
(4) Financial abuse.
No older adult shall be found to be abused solely on the grounds
of environmental factors which are beyond the control of the
older adult or the caretaker, such as inadequate housing,
furnishings, income, clothing or medical care.
* * *
"Financial abuse." The intentional taking or retaining of,
or assisting in the taking or retaining of, real or personal
property of an older adult by undue influence, or any other
means, for a wrongful purpose or with intent to defraud the
older adult. Financial abuse may result in the inability of the
older adult to fund basic necessities, including, but not
limited to, food, shelter, utilities, medication, health care
and long-term care services and support.
* * *
Section 2. The act is amended by adding a section to read:
Section 706.1. Financial abuse.
(a) General rule.--A person who commits financial abuse
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shall be liable for:
(1) triple the value of the property recovered by an
action taken under this section; and
(2) reasonable attorney fees and costs associated with
legal action undertaken to recover the property.
(b) Venue.--An action for financial abuse of an older person
may be brought in any county in which any part of the financial
abuse took place, regardless of whether the defendant was
present in that county.
(c) Statute of limitations.--An action for financial abuse
shall be commenced within seven years after the commission of
the offense.
(d) Defense.--It shall not be a defense to financial abuse
that the defendant reasonably believed that the victim was not
an older person.
Section 3. This act shall take effect in 60 days.
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