EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0604*
HOUSE BILL 604
E1 5lr2636
CF SB 466
By: The Speaker (By Request – Office of the Attorney General) and Delegates
Cardin, Simmons, Phillips, Moon, Conaway, Kaufman, and Williams
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
Vulnerable and Senior Adults – Theft of Property by Caregiver, Family Member, 2
or Household Member – Prohibition 3
Criminal Law – Financial Exploitation of Vulnerable and Senior Adults 4
FOR the purpose of prohibiting a caregiver, family member, or household member from 5
knowingly and willfully obtaining the property of an individual the caregiver, family 6
member, or household member knows or reasonably should know is a vulnerable or 7
senior adult with the intent to deprive the vulnerable or senior adult of the property; 8
making a violation of this Act an unfair, abusive, or deceptive trade practice that is 9
subject to enforcement and penalties under the Maryland Consumer Protection Act; 10
authorizing the Senior and Vulnerable Adult Asset Recovery Unit in the Office of the 11
Attorney General and the Commissioner of the Division of Securities in the Office of 12
the Attorney General to bring certain civil actions for a violation of this Act; 13
establishing that certain requirements for the administrative release of eligible 14
incarcerated individuals apply to certain individuals convicted for a violation of this 15
Act; establishing the exclusive original jurisdiction of the District Court for a case 16
charging an adult with a violation of this Act; authorizing a State’s Attorney to file 17
a certain petition to freeze assets of a defendant charged with a violation of this Act; 18
establishing that a person convicted under this Act is disqualified from inheriting, 19
taking, enjoying, receiving, or otherwise benefiting from the estate, insurance 20
proceeds, or property of the victim person who is a caregiver to or a family member 21
or household member of an individual from knowingly and willfully obtaining the 22
property of the individual with intent to deprive the individual of the individual’s 23 2 HOUSE BILL 604
property under certain circumstances; and generally relating to vulnerable and 1
senior adults. 2
BY repealing and reenacting, with amendments, 3
Article – Commercial Law 4
Section 13–204(a)(15), 13–301(14)(xxiv), and 14–4303 5
Annotated Code of Maryland 6
(2013 Replacement Volume and 2024 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Corporations and Associations 9
Section 11–209 10
Annotated Code of Maryland 11
(2014 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Correctional Services 14
Section 7–301.1(a)(1) 15
Annotated Code of Maryland 16
(2017 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Correctional Services 19
Section 7–301.1(a)(3)(ii)2. 20
Annotated Code of Maryland 21
(2017 Replacement Volume and 2024 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Courts and Judicial Proceedings 24
Section 4–301(b)(18) 25
Annotated Code of Maryland 26
(2020 Replacement Volume and 2024 Supplement) 27
BY adding to 28
Article – Criminal Law 29
Section 7–104.1 30
Annotated Code of Maryland 31
(2021 Replacement Volume and 2024 Supplement) 32
BY repealing and reenacting, with amendments, 33
Article – Criminal Law 34
Section 7–108 8–801 35
Annotated Code of Maryland 36
(2021 Replacement Volume and 2024 Supplement) 37
BY repealing and reenacting, with amendments, 38
Article – Criminal Procedure 39 HOUSE BILL 604 3
Section 4–206(b) and (d) 1
Annotated Code of Maryland 2
(2018 Replacement Volume and 2024 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Estates and Trusts 5
Section 11–111(a) and (d) 6
Annotated Code of Maryland 7
(2022 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Commercial Law 11
13–204. 12
(a) In addition to any other of its powers and duties, the Division has the powers 13
and duties to: 14
(15) (i) Bring a civil action for damages or an action under this title 15
against a person who violates § 7–104.1 OR § 8–801 of the Criminal Law Article on behalf 16
of a victim of the offense or, if the victim is deceased, the victim’s estate; 17
(ii) Recover damages under this item for property loss or damage; 18
and 19
(iii) If the Division prevails in an action brought under this item, 20
recover the costs of the action for the use of the Office of the Attorney General; and 21
13–301. 22
Unfair, abusive, or deceptive trade practices include any: 23
(14) Violation of a provision of: 24
(xxiv) Section 7–304, § 7–104.1, or § 8–801 of the Criminal Law Article; 25
14–4303. 26
(a) The purpose of the Unit is to protect seniors and vulnerable adults from 27
financial crimes under § 7–104.1 OR § 8–801 of the Criminal Law Article. 28
(b) The Unit may bring a civil action under § 13–204(a)(15) of this article or § 29
11–209(a) of the Corporations and Associations Article for damages against a person who 30
violates § 7–104.1 OR § 8–801 of the Criminal Law Article. 31
4 HOUSE BILL 604
(c) A conviction for an offense under § 7–104.1 OR § 8–801 of the Criminal Law 1
Article is not a prerequisite for maintenance of an action under subsection (b) of this section. 2
Article – Corporations and Associations 3
11–209. 4
(a) The Commissioner may: 5
(1) (i) Bring a civil action for damages against a person that violates § 6
7–104.1 OR § 8–801 of the Criminal Law Article on behalf of a victim of the violation or, if 7
the victim is deceased, the victim’s estate; 8
(ii) Recover damages under this subsection for property loss or 9
damage; and 10
(iii) If the Commissioner prevails in an action brought under this 11
paragraph, recover the costs of the action for the use of the Office of the Attorney General; 12
and 13
(2) (i) Bring a civil action for damages on behalf of a susceptible adult 14
or older adult who is authorized to bring a cause of action under § 13–603 of the Estates 15
and Trusts Article; and 16
(ii) If the Commissioner prevails in an action brought under this 17
paragraph, recover the costs of the action for the use of the Office of the Attorney General. 18
(b) A conviction for a violation of § 7–104.1 OR § 8–801 of the Criminal Law 19
Article is not a prerequisite for maintenance of an action under subsection (a) of this section. 20
Article – Correctional Services 21
7–301.1. 22
(a) (1) In this section the following words have the meanings indicated. 23
(3) “Eligible incarcerated individual” means an incarcerated individual 24
who: 25
(ii) is serving a sentence for which the most serious offense is: 26
2. a violation involving a value of $1,500 or less of § 7–104, § 27
7–104.1, § 8–103, § 8–206, § 8–207, § 8–209, § 8–301, § 8–509, § 8–510, § 8–511, § 8–512, 28
§ 8–513, § 8–514, § 8–515, § 8–611, or § 8–801 of the Criminal Law Article; 29
Article – Courts and Judicial Proceedings 30 HOUSE BILL 604 5
4–301. 1
(b) Except as provided in § 4–302 of this subtitle, the District Court also has 2
exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 3
a corporation is charged with: 4
(18) Violation of § 7–104.1 OR § 8–801 of the Criminal Law Article; 5
Article – Criminal Law 6
7–104.1. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “CAREGIVER” HAS THE MEANING STAT ED IN § 3–604 OF THIS 10
ARTICLE. 11
(3) “FAMILY MEMBER” HAS THE MEANING STAT ED IN § 3–604 OF THIS 12
ARTICLE. 13
(4) “HOUSEHOLD MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF 14
THIS ARTICLE. 15
(5) “VULNERABLE ADULT ” HAS THE MEANING STAT ED IN § 3–604 OF 16
THIS ARTICLE. 17
(B) A CAREGIVER, FAMILY MEMBER , OR HOUSEHOLD MEMBER OF AN 18
INDIVIDUAL MAY NOT K NOWINGLY AND WILLFUL LY OBTAIN THE PROPER TY OF THE 19
INDIVIDUAL WITH INTE NT TO DEPRIVE THE IN DIVIDUAL OF THE INDI VIDUAL’S 20
PROPERTY IF THE CARE GIVER, FAMILY MEMBER , OR HOUSEHOLD MEMBER KNOWS 21
OR REASONABLY SHOULD KNOW THAT: 22
(1) THE INDIVIDUAL IS A VULNERABLE ADULT ; OR 23
(2) THE INDIVIDUAL IS AT LEAST 68 YEARS. 24
(C) (1) (I) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 25
WHEN THE VALUE OF TH E PROPERTY IS AT LEA ST $1,500 BUT LESS THAN $25,000 IS 26
GUILTY OF A FELONY AND: 27
1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 5 28
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND 29
6 HOUSE BILL 604
2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 1
TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 2
VALUE TO THE OWNER ’S ESTATE. 3
(II) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 4
WHEN THE VALUE OF TH E PROPERTY IS AT LEA ST $25,000 BUT LESS THAN $100,000 5
IS GUILTY OF A FELON Y AND: 6
1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 7
YEARS OR A FINE NOT EXCEEDING $15,000 OR BOTH; AND 8
2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 9
TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 10
VALUE TO THE OWNER ’S ESTATE. 11
(III) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 12
WHEN THE VALUE OF TH E PROPERTY IS $100,000 OR MORE IS GUILTY OF A FELONY 13
AND: 14
1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 20 15
YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH; AND 16
2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 17
TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 18
VALUE TO THE OWNER ’S ESTATE. 19
(2) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION WHEN 20
THE VALUE OF THE PRO PERTY IS LESS THAN $1,500 IS GUILTY OF A MISDE MEANOR 21
AND: 22
(I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 1 YEAR OR 23
A FINE NOT EXCEEDING $500 OR BOTH; AND 24
(II) SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE TO 25
THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 26
VALUE TO THE OWNER ’S ESTATE. 27
(D) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 28
AND CONSECUTIVE TO OR CO NCURRENT WITH A SENT ENCE FOR ANY CRIME B ASED 29
ON THE ACT OR ACTS E STABLISHING THE VIOL ATION OF THIS SECTIO N. 30
(E) (1) IF A DEFENDANT FAILS TO RESTORE FULLY THE PROPERTY 31
TAKEN OR ITS VALUE A S ORDERED UNDER SUBS ECTION (C) OF THIS SECTION , THE 32
DEFENDANT IS DISQUAL IFIED, TO THE EXTENT OF THE DEFENDANT ’S FAILURE TO 33 HOUSE BILL 604 7
RESTORE THE PROPERTY OR ITS VALUE, FROM INHERITING , TAKING, ENJOYING, 1
RECEIVING, OR OTHERWISE BENEFIT ING FROM THE ESTATE , INSURANCE 2
PROCEEDS, OR PROPERTY OF THE V ICTIM OF THE OFFEN SE, WHETHER BY 3
OPERATION OF LAW OR PURSUANT TO A LEGAL DOCUMENT EXECUTED OR ENTERED 4
INTO BY THE VICTIM B EFORE THE DEFENDANT HAS BEEN CONVICTED U NDER THIS 5
SECTION. 6
(2) THE DEFENDANT HAS THE BURDEN OF PROOF WITH RESPECT TO 7
ESTABLISHING UNDER P ARAGRAPH (1) OF THIS SUBSECTION T HAT THE DEFENDANT 8
HAS FULLY RESTORED T HE PROPERTY TAKEN OR ITS VALUE. 9
(F) THIS SECTION MAY NOT BE CONSTRUED TO IMPO SE CRIMINAL 10
LIABILITY ON A PERSO N WHO, AT THE REQUEST OF TH E VICTIM OF THE OFFE NSE, 11
THE VICTIM’S FAMILY, OR THE COURT–APPOINTED GUARDIAN O F THE VICTIM, HAS 12
MADE A GOOD FAITH EF FORT TO ASSIST THE V ICTIM IN THE MANAGEM ENT OF OR 13
TRANSFER OF THE VICT IM’S PROPERTY. 14
(G) IN ADDITION TO ANY PE NALTIES SET FORTH IN THIS SECTION, A 15
VIOLATION OF THIS SE CTION: 16
(1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 17
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 18
(2) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y PROVISIONS 19
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 20
7–108. 21
(a) An indictment, information, warrant, or other charging document for theft 22
under this part, other than for taking a motor vehicle under § 7–105 of this part, is sufficient 23
if it substantially states: 24
“(name of defendant) on (date) in (county) stole (property or services stolen) of (name 25
of victim), having a value of (less than $1,500, at least $1,500 but less than $25,000, at least 26
$25,000 but less than $100,000, or $100,000 or more) in violation of § 7–104 OR § 7–104.1 27
of the Criminal Law Article, against the peace, government, and dignity of the State.”. 28
(b) An indictment, information, warrant, or other charging document for theft 29
under this part for taking a motor vehicle under § 7–105 of this part is sufficient if it 30
substantially states: 31
“(name of defendant) on (date) in (county) knowingly and willfully took a motor 32
vehicle out of (name of victim)’s lawful custody, control, or use, without the consent of (name 33
of victim), in violation of § 7–105 of the Criminal Law Article, against the peace, 34
government, and dignity of the State.”. 35 8 HOUSE BILL 604
(c) In a case in the circuit court in which the general form of indictment or 1
information is used to charge a defendant with a crime under this part, the defendant, on 2
timely demand, is entitled to a bill of particulars. 3
(d) Unless specifically charged by the State, theft of property or services with a 4
value of less than $100 as provided under § 7–104(g)(3) of this subtitle may not be 5
considered a lesser included crime of any other crime. 6
Article – Criminal Procedure 7
4–206. 8
(b) A State’s Attorney may file a petition to freeze assets of a defendant charged 9
with violating § 7–104.1 OR § 8–801 of the Criminal Law Article with the circuit court of 10
the county in which the defendant was charged if: 11
(1) the petition is filed within 60 days of the defendant being charged with 12
a violation of § 8–801 of the Criminal Law Article; 13
(2) the alleged value of lost or stolen property in the criminal charge giving 14
rise to the petition is $10,000 or more; 15
(3) the amount of money subject to the petition does not exceed the alleged 16
value of lost or stolen property in the criminal charge giving rise to the petition; and 17
(4) the State’s Attorney sends a notice of intent to file a petition to each 18
financial institution in possession of money subject to the petition. 19
(d) A court may grant a petition to freeze assets and issue an order to freeze assets 20
if the State’s Attorney proves by a preponderance of the evidence that: 21
(1) the defendant has a legal, equitable, or possessory interest in the money 22
listed in the petition; and 23
(2) the money listed in the petition is not jointly held unless the State’s 24
Attorney also proves by a preponderance of the evidence that: 25
(i) the defendant transferred the defendant’s money to avoid being 26
subject to an order to freeze assets; or 27
(ii) the money listed in the petition was used in connection with a 28
violation of § 7–104.1 OR § 8–801 of the Criminal Law Article. 29
Article – Estates and Trusts 30
11–111. 31 HOUSE BILL 604 9
(a) A person convicted of unlawfully obtaining property from a victim in violation 1
of § 7–104.1(B) OR § 8–801(b) of the Criminal Law Article shall be disqualified from 2
inheriting, taking, enjoying, receiving, or otherwise benefitting from the estate, insurance 3
proceeds, or property of the victim, to the extent provided in § 7–104.1(E) OR § 8–801(e) of 4
the Criminal Law Article. 5
(d) A fiduciary or other person who distributes property in good faith and without 6
actual knowledge of a conviction under § 7–104.1 OR § 8–801 of the Criminal Law Article 7
is not personally liable for the distribution. 8
Article – Criminal Law 9
8–801. 10
(a) (1) In this section the following words have the meanings indicated. 11
(2) “CAREGIVER” HAS THE MEANING STAT ED IN § 3–604 OF THIS 12
ARTICLE. 13
[(2)] (3) “Deception” has the meaning stated in § 7–101 of this article. 14
[(3)] (4) “Deprive” has the meaning stated in § 7–101 of this article. 15
(5) “FAMILY MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF THIS 16
ARTICLE. 17
(6) “HOUSEHOLD MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF 18
THIS ARTICLE. 19
[(4)] (7) “Obtain” has the meaning stated in § 7–101 of this article. 20
[(5)] (8) “Property” has the meaning stated in § 7–101 of this article. 21
[(6)] (9) (i) “Undue influence” means domination and influence 22
amounting to force and coercion exercised by another person to such an extent that a 23
vulnerable adult or an individual at least 68 years old was prevented from exercising free 24
judgment and choice. 25
(ii) “Undue influence” does not include the normal influence that one 26
member of a family has over another member of the family. 27
[(7)] (10) “Value” has the meaning stated in § 7–103 of this article. 28
[(8)] (11) “Vulnerable adult” has the meaning stated in § 3–604 of this 29
article. 30 10 HOUSE BILL 604
(b) (1) A person may not knowingly and willfully obtain by deception, 1
intimidation, or undue influence the property of an individual that the person knows or 2
reasonably should know is a vulnerable adult with intent to deprive the vulnerable adult 3
of the vulnerable adult’s property. 4
(2) A person may not knowingly and willfully obtain by deception, 5
intimidation, or undue influence the property of an individual that the person knows or 6
reasonably should know is at least 68 years old, with intent to deprive the individual of the 7
individual’s property. 8
(3) A PERSON WHO IS A CARE GIVER TO OR A FAMILY MEMBER OR 9
HOUSEHOLD MEMBER OF AN INDIVIDUAL MAY NO T KNOWINGLY AND WILL FULLY 10
OBTAIN THE PROPERTY OF THE INDIVIDUAL WI TH INTENT TO DEPRIVE THE 11
INDIVIDUAL OF THE INDIVIDUAL ’S PROPERTY IF: 12
(I) THE INDIVIDUAL IS A VULNERABLE ADULT OR AN 13
INDIVIDUAL WHO IS AT LEAST 68 YEARS OLD; AND 14
(II) THE PERSON KNOWS OR REASONABLY SHOULD KN OW THAT 15
THE INDIVIDUAL IS A VULNERABLE ADULT OR IS AT LEAST 68 YEARS OLD. 16
(c) (1) (i) A person convicted of a violation of this section when the value of 17
the property is at least $1,500 but less than $25,000 is guilty of a felony and: 18
1. is subject to imprisonment not exceeding 5 years or a fine 19
not exceeding $10,000 or both; and 20
2. shall restore the property taken or its value to the owner, 21
or, if the owner is deceased, restore the property or its value to the owner’s estate. 22
(ii) A person convicted of a violation of this section when the value of 23
the property is at least $25,000 but less than $100,000 is guilty of a felony and: 24
1. is subject to imprisonment not exceeding 10 years or a fine 25
not exceeding $15,000 or both; and 26
2. shall restore the property taken or its value to the owner, 27
or, if the owner is deceased, restore the property or its value to the owner’s estate. 28
(iii) A person convicted of a violation of this section when the value of 29
the property is $100,000 or more is guilty of a felony and: 30
1. is subject to imprisonment not exceeding 20 years or a fine 31
not exceeding $25,000 or both; and 32
HOUSE BILL 604 11
2. shall restore the property taken or its value to the owner, 1
or, if the owner is deceased, restore the property or its value to the owner’s estate. 2
(2) A person convicted of a violation of this section when the value of the 3
property is less than $1,500 is guilty of a misdemeanor and: 4
(i) is subject to imprisonment not exceeding 1 year or a fine not 5
exceeding $500 or both; and 6
(ii) shall restore the property taken or its value to the owner, or, if 7
the owner is deceased, restore the property or its value to the owner’s estate. 8
(d) (1) A sentence imposed FOR A CONVICTION under SUBSECTION (B)(1) 9
OR (2) OF this section may be separate from and consecutive to or concurrent with a 10
sentence for any crime based on the act or acts establishing the violation of this section. 11
(2) A SENTENCE IMPOSED FOR A CONVICTION UNDER S UBSECTION 12
(B)(3) OF THIS SECTION SHAL L BE CONCURRENT WITH AND NOT CONSECUTIVE TO A 13
SENTENCE FOR ANY CRI ME BASED ON THE ACT OR ACTS ESTABLISHING THE 14
VIOLATION OF THIS SE CTION. 15
(e) (1) If a defendant fails to restore fully the property taken or its value as 16
ordered under subsection (c) of this section, the defendant is disqualified, to the extent of 17
the defendant’s failure to restore the property or its value, from inheriting, taking, enjoying, 18
receiving, or otherwise benefiting from the estate, insurance proceeds, or property of the 19
victim of the offense, whether by operation of law or pursuant to a legal document executed 20
or entered into by the victim before the defendant shall have been convicted under this 21
section. 22
(2) The defendant has the burden of proof with respect to establishing 23
under paragraph (1) of this subsection that the defendant has fully restored the property 24
taken or its value. 25
(f) This section may not be construed to impose criminal liability on a person who, 26
at the request of the victim of the offense, the victim’s family, or the court appointed 27
guardian of the victim, has made a good faith effort to assist the victim in the management 28
of or transfer of the victim’s property. 29
(g) In addition to any penalties set forth in this section, a violation of this section: 30
(1) is an unfair, abusive, or deceptive trade practice within the meaning of 31
Title 13 of the Commercial Law Article; and 32
(2) is subject to the enforcement and penalty provisions contained in Title 33
13 of the Commercial Law Article. 34
12 HOUSE BILL 604
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.