Texas Senate Bill SB2279

Texas 2019 - 86th Regular

Caption

Relating to creating the criminal offense of financial abuse of an elderly individual.

Impact

If enacted, SB2279 will introduce a new layer of legal protection for elderly individuals against financial exploitation. The bill categorizes the offenses of financial abuse into various felony degrees based on the value of the property involved, ranging from state jail felonies for amounts under $500 to first-degree felonies for amounts over $100,000. This structured approach is intended to provide law enforcement and judicial systems with clearer guidelines for prosecuting such crimes, which is essential given the often vulnerable position of elderly victims in financial matters.

Summary

Senate Bill 2279 aims to address the growing concern of financial abuse against elderly individuals by creating a specific criminal offense for the act. The bill defines financial abuse as the wrongfully taking, appropriating, obtaining, retention, or use of money or property from an elderly individual. It specifically outlines the conditions under which such exploitation can occur, highlighting the relationships where trust could be exploited, such as those involving family members, caregivers, or financial professionals.

Contention

While the bill intends to provide stronger safeguards for the elderly, there may be concerns regarding the definition of 'financial exploitation' and the practical enforcement of such laws. Debate could arise over how broadly or narrowly the terms are interpreted, especially concerning the fiduciary responsibilities of caregivers and financial advisors. Critics may worry that the bill could lead to unintended consequences, such as over-criminalization or the hesitation of family members to assist elderly relatives due to fear of legal repercussions.