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