HB60ENROLLED
Page 0
HB60
KI7T55U-3
By Representative Colvin
RFD: Children and Senior Advocacy
First Read: 06-Feb-24
PFD: 30-Jan-24
1
2
3
4
5
6 HB60 Enrolled
Page 1
PFD: 30-Jan-24
Enrolled, An Act,
Relating to the abuse of adults with disabilities; to
add Article 13 to Chapter 6 of Title 13A, Code of Alabama
1975; to create the Alabama Adults with Disabilities
Protection Act; to create the crimes of abuse and neglect of
an adult with a disability in the first, second, and third
degrees and financial exploitation of an adult with a
disability in the first, second, and third degrees; to provide
criminal penalties; to establish a statute of limitation; and
in connection therewith would have as its purpose or effect
the requirement of a new or increased expenditure of local
funds within the meaning of Section 111.05 of the Constitution
of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Article 13, commencing with Section
13A-6-280, is added to Chapter 6 of Title 13A, Code of Alabama
1975, to read as follows:
Article 13
§13A-6-280
This article shall be known as and may be cited as the
Alabama Adults with Disabilities Protection Act.
§13A-6-281
For the purposes of this article, the following terms
have the following meanings:
(1) ADULT WITH A DISABILITY. Any of the following: (i)
an individual 18 years of age or older who has physical or
mental impairment that substantially limits one or more major
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB60 Enrolled
Page 2
mental impairment that substantially limits one or more major
life activities; and (ii) any protected person as defined in
Section 38-9-2.
(2) CAREGIVER. An individual who has the responsibility
for the care of an adult with a disability as a result of a
family relationship or who has assumed the responsibility for
the care of the individual voluntarily, for pecuniary gain, by
contract, or as a result of the ties of friendship.
(3) FINANCIAL EXPLOITATION. Any of the following:
a. The wrongful or unauthorized taking, appropriating,
or use of money, assets, or property of an adult with a
disability.
b. Any act or omission taken by a person, including
through the use of a power of attorney, guardianship, or
conservatorship of an adult with a disability, to:
1. Obtain control through deception, intimidation, or
undue influence over the money, assets, or property of an
adult with a disability to deprive the adult with a disability
of the ownership, use, benefit, or possession of his or her
money, assets, or property; or
2. Convert money, assets, or property of the adult with
a disability to deprive the adult with a disability of the
ownership, use, benefit, or possession of his or her money,
assets, or property.
(4) INTIMIDATION. A threat of physical or emotional
harm to an adult with a disability, or the communication to an
adult with a disability that he or she will be deprived of
food and nutrition, shelter, property, prescribed medication,
or medical care or treatment.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB60 Enrolled
Page 3
or medical care or treatment.
(5) NEGLECT. The failure of a caregiver to provide
food, shelter, clothing, medical services, medication, or
health care for an adult with a disability.
(6) PERSON. A human being.
(7) UNDUE INFLUENCE. Domination, coercion,
manipulation, or any other act exercised by another person to
the extent that an adult with a disability is prevented from
exercising free judgment and choice.
§13A-6-282
(a) A person commits the crime of abuse and neglect of
an adult with a disability in the first degree if he or she
intentionally abuses or neglects any adult with a disability
and the abuse or neglect causes serious physical injury to the
adult with a disability.
(b) Abuse and neglect of an adult with a disability in
the first degree is a Class A felony.
§13A-6-283
(a) A person commits the crime of abuse and neglect of
an adult with a disability in the second degree if he or she
does any of the following:
(1) Intentionally abuses or neglects any adult with a
disability and the abuse or neglect causes physical injury to
the adult with a disability.
(2) Recklessly abuses or neglects any adult with a
disability and the abuse or neglect causes serious injury to
the adult with a disability.
(3) Recklessly abuses or neglects any adult with a
disability having been previously convicted of abuse and
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB60 Enrolled
Page 4
disability having been previously convicted of abuse and
neglect of an adult with a disability in the third degree in
any court.
(b) Abuse and neglect of an adult with a disability in
the second degree is a Class B felony.
§13A-6-284
(a) A person commits the crime of abuse and neglect of
an adult with a disability in the third degree if he or she
recklessly abuses or neglects any adult with a disability and
the abuse or neglect causes physical injury.
(b) Abuse and neglect of an adult with a disability in
the third degree is a Class A misdemeanor.
§13A-6-285
(a) The financial exploitation of an adult with a
disability in which the value of the property taken exceeds
two thousand five hundred dollars ($2,500) constitutes
financial exploitation of an adult with a disability in the
first degree.
(b) Financial exploitation of an adult with a
disability in the first degree is a Class B felony.
§13A-6-286
(a) The financial exploitation of an adult with a
disability in which the value of the property taken exceeds
five hundred dollars ($500) but does not exceed two thousand
five hundred dollars ($2,500) constitutes financial
exploitation of an adult with a disability in the second
degree.
(b) Financial exploitation of an adult with a
disability in the second degree is a Class C felony.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB60 Enrolled
Page 5
disability in the second degree is a Class C felony.
§13A-6-287
(a) The financial exploitation of an adult with a
disability in which the value of the property taken does not
exceed five hundred dollars ($500) constitutes financial
exploitation of an adult with a disability in the third
degree.
(b) Financial exploitation of an adult with a
disability in the third degree is a Class A misdemeanor.
§13A-6-288
(a) In any prosecution brought for financial
exploitation of an adult with a disability, the crime shall be
considered to be committed in any county in which any party to
the offense was located at the time of the commission of the
offense, regardless of whether the defendant was ever actually
present in that county, or in the county of residence of the
person who is the victim of the financial exploitation.
(b) Any prosecution brought for financial exploitation
of an adult with a disability shall be commenced within seven
years after the date of discovery of the offense.
(c) It shall not be a defense to financial exploitation
of an adult with a disability that the accused reasonably
believed that the victim was not an adult with a disability.
§13A-6-289
Nothing in this article shall be construed to limit the
remedies available to the victims pursuant to any state law
relating to domestic violence, the Adult Protective Services
Act of 1976, or any other applicable law.
Section 2. Although this bill would have as its purpose
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 HB60 Enrolled
Page 6
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
141
142
143
144
145
146
147 HB60 Enrolled
Page 7
1, 2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 19-Mar-24, as amended.
John Treadwell
Clerk
Senate 08-May-24 Amended and Passed
House 09-May-24 Concurred in Senate
Amendment
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180