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A01404
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1429
Session of
2021
INTRODUCED BY SCHLEGEL CULVER, MASSER, DAY, KLUNK, PICKETT,
RYAN, DAVANZO, HILL-EVANS, LEWIS DELROSSO, BROOKS, R. BROWN,
THOMAS, MILLARD AND FEE, MAY 17, 2021
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MAY 17, 2021
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 an
older adult 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:
ยง 3922.1. Financial exploitation of an older adult or care-
dependent person.
(a) Offense defined.--A person in a position of trust who
commits the offense of financial exploitation of an older adult
or care-dependent person shall be subject to the criminal
penalties specified under subsection (b).
(b) Grading.--Financial exploitation of an older adult or
care-dependent person constitutes a:
(1) Felony of the first degree if:
(i) the amount involved is at least $500,000; and
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(ii) the person participated in a course of conduct
resulting in the loss of property of two or more older
adults or care-dependent persons.
(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 older adult 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 if the amount involved exceeds $20,000. No
person charged with a violation of this section by the Attorney
General may challenge the authority of 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) Enforcement.--The district attorney of a county shall
have the authority to investigate and institute criminal
proceedings for any violation of this section or related
offenses.
(f) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
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.
"Course of conduct." A pattern of actions composed of more
than one act over a period of time, however short, evidencing a
continuity of conduct.
"Financial exploitation." The wrongful or unauthorized
taking or attempt to take by withholding, appropriation,
concealment or use of money, assets or property of an older
adult or care-dependent person, including any act or omission
taken by a person through the power of attorney, guardianship,
custodianship or conservatorship, as a trustee or personal
representative or via a business transaction. The term includes
any of the following actions:
(1) Obtaining or attempting to obtain control through
deception, intimidation or undue influence of the money,
assets or property of an older adult or care-dependent person
to deprive the older adult or care-dependent person of the
ownership, use, benefit or possession of the money, assets or
property.
(2) Converting or attempting to convert money, assets or
property of an older adult or care-dependent person to
deprive the older adult or care-dependent person of the
ownership, use, benefit or possession of the money, assets or
property.
"Financial exploitation." The wrongful or unauthorized
taking or attempt to take by withholding, appropriating,
concealing or using the money, assets or property of an older
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adult or care-dependent person, including any act or omission
taken by a person, including through the use of a power of
attorney, guardian, custodian, trustee, personal representative
or conservator of an older adult or care-dependent person or by
an individual who stands in a position of trust and confidence
with an older adult or care-dependent person, including business
transactions to:
(1) obtain or attempt to obtain control, through
deception, intimidation or undue influence, over the older
adult's or care-dependent person's money, assets or property
to deprive the older adult or care-dependent person of the
ownership, use, benefit or possession of the older adult's or
care-dependent person's money, assets or property; or
(2) convert or attempt to convert money, assets or
property of the older adult or care-dependent person to
deprive the older adult or care-dependent person of the
ownership, use, benefit or possession of the older adult's or
care-dependent person's money, assets or property.
"Older adult." A person who is at least 60 years of age.
"Position of trust." A person who meets any of the following
criteria:
(1) The person is the parent, spouse, adult child or
other relative by blood or affinity of an older adult or
care-dependent person.
(2) The person is a joint tenant or tenant in common
with an older adult or care-dependent person.
(3) The person has a fiduciary obligation to an older
adult or care-dependent person, including through the power
of attorney, guardianship, custodianship or conservatorship
or as a trustee or personal representative.
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(4) The person receives monetary or other valuable
consideration for providing care for an older adult or care-
dependent person.
(5) The person lives with or provides some component of
home care services on a continuing basis to an older adult or
care-dependent person, including a neighbor or friend who
does not provide home care services on a compensated basis
but has access to the older adult or care-dependent person
based on the relationship.
(6) The person is a current or former sexual or intimate
partner with an older adult or care-dependent person.
"Property." Anything of value, including real estate,
tangible 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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