Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1635

Introduced
2/16/23  

Caption

Protecting property of elder or disabled persons

Impact

If enacted, HB 1635 would notably reform Chapter 266 of the General Laws concerning property crimes. The bill establishes stricter penalties that reflect the severity of crimes against vulnerable populations. For instance, offenders could face imprisonment for up to ten years if the property involved is real estate. This change is intended to provide a stronger deterrent against exploiting elder or disabled property owners, thereby promoting a safer legal environment for these groups.

Summary

House Bill 1635 focuses on the protection of property belonging to elderly or disabled individuals in Massachusetts. The bill aims to amend existing laws regarding unlawful possession of property that exceeds a value of one thousand dollars. Specifically, it addresses scenarios where individuals unlawfully obtain property from those who are sixty years of age or older or who have a disability. The proposed law introduces harsher penalties for those convicted of such crimes, including substantial prison time and fines, depending on the nature of the property illegally possessed.

Contention

Although supporters of HB 1635, including its sponsor Representative Kate Lipper-Garabedian, advocate for the bill as a necessary enhancement to protect vulnerable individuals, there may be concerns about the practical implementation of the new guidelines. Critics might raise issues regarding how consent is defined and verified, particularly when it comes to caretakers witnessing property transactions. The bill stipulates that the consent of an owner who has a caretaker must be properly documented, which could create additional legal complexities in property transfers involving vulnerable populations.

Companion Bills

MA H4517

Replaced by Study Order

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