PRINTER'S NO. 1686
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
399
Session of
2019
INTRODUCED BY MASSER, SCHLEGEL CULVER, DAY, KLUNK, STEPHENS,
MURT, HAHN, B. MILLER, GLEIM, RYAN, KAUFFMAN, DAVIDSON,
MILLARD, PICKETT, DeLUCA, BERNSTINE, NEILSON, DUSH, IRVIN,
COX, BROWN AND GILLEN, MAY 2, 2019
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MAY 2, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in theft and related offenses,
providing for the offense of financial exploitation of
elderly or care-dependent person.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3922.1. Financial exploitation of elderly or care-dependent
person.
(a) Offense defined.--A person commits the offense of
financial exploitation of an elderly or care-dependent person if
the person obtains control over the property of an elderly or
care-dependent person and intentionally deprives the elderly or
care-dependent person of the property.
(b) Grading.--Financial exploitation of an elderly or care-
dependent person constitutes a:
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(1) Felony of the first degree if:
(i) the amount involved is at least $500,000;
(ii) the person obtained control over the property
of an elderly or care-dependent person through deception,
intimidation or force;
(iii) the property was taken or used while the
person was acting in a fiduciary capacity, including as a
power of attorney, regardless of the amount taken or used
from the elderly or care-dependent person; or
(iv) the person participated in a course of conduct
resulting in the loss of property to at least 10 elderly
or care-dependent persons, regardless of the amount taken
or used from each victim.
(2) Felony of the second degree if the amount involved
is at least $100,000 but less than $500,000.
(3) Felony of the third degree if the amount involved
exceeds $2,000 but is less than $100,000.
(4) Except for offenses under paragraphs (1), (2) and
(3), misdemeanor of the first degree.
(c) Presumptions.--A person acting under a power of attorney
for an elderly or care-dependent person is presumed to
understand the legal obligations under 20 Pa.C.S. Ch. 56
(relating to powers of attorney).
(d) Concurrent jurisdiction to prosecute.--In addition to
the authority conferred upon the Attorney General by the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, the Attorney General may investigate and
institute criminal proceedings for any violation of this section
or related offenses. No person charged with a violation of this
section by the Attorney General may challenge the authority of
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the Attorney General to investigate or prosecute the case, and,
if a challenge is made, the challenge shall be dismissed, and no
relief shall be made available in the courts of this
Commonwealth to the person making the challenge.
(e) Venue.--An offense committed under subsection (a) shall
be deemed to have been committed in any of the following:
(1) the residence of the elderly person or care-
dependent person; or
(2) the place where the defendant possessed, used or
accessed the elderly person's property or care-dependent
person's property.
(f) Preliminary hearing.--
(1) Pursuant to Pa.R.Crim.P. No. 542 (relating to
preliminary hearing; continuances), hearsay evidence shall be
admissible at a preliminary hearing on a violation of
subsection (a).
(2) A law enforcement officer may testify as to the
statement of the elderly or care-dependent person to
establish an element of the offense, including, but not
limited to, proof of ownership of, nonpermitted use of,
damage to or value of property.
(g) Preservation of assets for restitution.--
(1) Notwithstanding the provisions of 42 Pa.C.S. §
9728(e)(2)(i)(B) (relating to collection of restitution,
reparation, fees, costs, fines and penalties), and upon the
filing of a criminal complaint, information or indictment of
a person charged under subsection (a), the prosecuting
attorney may file a petition with the court of common pleas
in the county in which the defendant has been charged to
preserve the assets of the defendant, in an amount equal to
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the alleged value of the stolen property for purposes of
restitution for the victim.
(2) The provisions of 42 Pa.C.S. § 9728(e)(1) and (2)(i)
(A), (C) and (D) and (ii) and (f) shall apply to this
section.
(h) Forfeiture.--
(1) Pursuant to 42 Pa.C.S. Ch. 68 (relating to
forfeitures), property or proceeds obtained by a person in
violation of subsection (a) or used in the commission of an
offense under subsection (a) shall be subject to forfeiture
to the Commonwealth and no property right shall exist in the
property or proceeds. Property or proceeds shall include:
(i) A conveyance of a vehicle used or intended for
use in violation of subsection (a).
(ii) A computer or other electronic equipment or
device used or intended for use in a violation of
subsection (a).
(iii) A piece of property or item of value obtained
using money received as a result of a violation of
subsection (a).
(2) Except as provided in paragraph (3), proceedings for
the seizure, forfeiture and disposal of forfeited property
shall be subject to 42 Pa.C.S. Ch. 68.
(3) The net proceeds, as determined by the district
attorney or the Attorney General having custody, shall first
be used to satisfy a restitution order imposed by the court.
Any remaining proceeds shall be used for the investigation
and prosecution of violations of subsection (a).
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Care-dependent person." An adult who, due to physical or
cognitive disability or impairment, requires assistance to meet
needs for food, shelter, clothing, personal care or health care.
"Elderly." A person who is at least 60 years of age.
"Property." Anything of value, including real estate,
tangible and intangible personal property, contract rights,
money, bank accounts, investment accounts, stocks, bonds,
retirement accounts, or any other deposit of money or medium of
savings or collective investment or other interests in or claims
to wealth.
Section 2. This act shall take effect in 60 days.
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