Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0466* | |
9 | 6 | ||
10 | 7 | SENATE BILL 466 | |
11 | 8 | E1 5lr3239 | |
12 | - | CF HB 604 | |
13 | - | By: The President (By Request – Office of the Attorney General) and Senators | |
14 | - | Smith, Waldstreicher, Sydnor, Muse, Love, Charles, James, West, and | |
15 | - | Folden | |
9 | + | CF 5lr2636 | |
10 | + | By: The President (By Request – Office of the Attorney General) | |
16 | 11 | Introduced and read first time: January 21, 2025 | |
17 | 12 | Assigned to: Judicial Proceedings and Education, Energy, and the Environment | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | Senate action: Adopted | |
20 | - | Read second time: February 25, 2025 | |
21 | 13 | ||
22 | - | ||
14 | + | A BILL ENTITLED | |
23 | 15 | ||
24 | 16 | AN ACT concerning 1 | |
25 | 17 | ||
26 | 18 | Vulnerable and Senior Adults – Theft of Property by Caregiver, Family Member, 2 | |
27 | 19 | or Household Member – Prohibition 3 | |
28 | - | Criminal Law – Financial Exploitation of Vulnerable and Senior Adults 4 | |
29 | 20 | ||
30 | - | FOR the purpose of prohibiting a caregiver, family member, or household member from 5 | |
31 | - | knowingly and willfully obtaining the property of an individual the caregiver, family 6 | |
32 | - | member, or household member knows or reasonably should know is a vulnerable or 7 | |
33 | - | senior adult with the intent to deprive the vulnerable or senior adult of the property; 8 | |
34 | - | making a violation of this Act an unfair, abusive, or deceptive trade practice that is 9 | |
35 | - | subject to enforcement and penalties under the Maryland Consumer Protection Act; 10 | |
36 | - | authorizing the Senior and Vulnerable Adult Asset Recovery Unit in the Office of the 11 | |
37 | - | Attorney General and the Commissioner of the Division of Securities in the Office of 12 | |
38 | - | the Attorney General to bring certain civil actions for a violation of this Act; 13 | |
39 | - | establishing that certain requirements for the administrative release of eligible 14 | |
40 | - | incarcerated individuals apply to certain individuals convicted for a violation of this 15 | |
41 | - | Act; establishing the exclusive original jurisdiction of the District Court for a case 16 | |
42 | - | charging an adult with a violation of this Act; authorizing a State’s Attorney to file 17 | |
43 | - | a certain petition to freeze assets of a defendant charged with a violation of this Act; 18 | |
44 | - | establishing that a person convicted under this Act is disqualified from inheriting, 19 | |
45 | - | taking, enjoying, receiving, or otherwise benefiting from the estate, insurance 20 | |
46 | - | proceeds, or property of the victim person who is a caregiver to or a family member 21 | |
47 | - | or household member of an individual from knowingly and willfully exerting 22 | |
48 | - | unauthorized control over and obtaining the property of the individual with intent 23 2 SENATE BILL 466 | |
21 | + | FOR the purpose of prohibiting a caregiver, family member, or household member from 4 | |
22 | + | knowingly and willfully obtaining the property of an individual the caregiver, family 5 | |
23 | + | member, or household member knows or reasonably should know is a vulnerable or 6 | |
24 | + | senior adult with the intent to deprive the vulnerable or senior adult of the property; 7 | |
25 | + | making a violation of this Act an unfair, abusive, or deceptive trade practice that is 8 | |
26 | + | subject to enforcement and penalties under the Maryland Consumer Protection Act; 9 | |
27 | + | authorizing the Senior and Vulnerable Adult Asset Recovery Unit in the Office of the 10 | |
28 | + | Attorney General and the Commissioner of the Division of Securities in the Office of 11 | |
29 | + | the Attorney General to bring certain civil actions for a violation of this Act; 12 | |
30 | + | establishing that certain requirements for the administrative release of eligible 13 | |
31 | + | incarcerated individuals apply to certain individuals convicted for a violation of this 14 | |
32 | + | Act; establishing the exclusive original jurisdiction of the District Court for a case 15 | |
33 | + | charging an adult with a violation of this Act; authorizing a State’s Attorney to file 16 | |
34 | + | a certain petition to freeze assets of a defendant charged with a violation of this Act; 17 | |
35 | + | establishing that a person convicted under this Act is disqualified from inheriting, 18 | |
36 | + | taking, enjoying, receiving, or otherwise benefiting from the estate, insurance 19 | |
37 | + | proceeds, or property of the victim; and generally relating to vulnerable and senior 20 | |
38 | + | adults. 21 | |
39 | + | ||
40 | + | BY repealing and reenacting, with amendments, 22 | |
41 | + | Article – Commercial Law 23 | |
42 | + | Section 13–204(a)(15), 13–301(14)(xxiv), and 14–4303 24 | |
43 | + | Annotated Code of Maryland 25 | |
44 | + | (2013 Replacement Volume and 2024 Supplement) 26 | |
45 | + | ||
46 | + | BY repealing and reenacting, with amendments, 27 | |
47 | + | Article – Corporations and Associations 28 | |
48 | + | Section 11–209 29 2 SENATE BILL 466 | |
49 | 49 | ||
50 | 50 | ||
51 | - | ||
52 | - | ||
51 | + | Annotated Code of Maryland 1 | |
52 | + | (2014 Replacement Volume and 2024 Supplement) 2 | |
53 | 53 | ||
54 | - | BY repealing and reenacting, | |
55 | - | Article – | |
56 | - | ||
54 | + | BY repealing and reenacting, without amendments, 3 | |
55 | + | Article – Correctional Services 4 | |
56 | + | Section 7–301.1(a)(1) 5 | |
57 | 57 | Annotated Code of Maryland 6 | |
58 | - | ( | |
58 | + | (2017 Replacement Volume and 2024 Supplement) 7 | |
59 | 59 | ||
60 | 60 | BY repealing and reenacting, with amendments, 8 | |
61 | - | Article – | |
62 | - | Section | |
61 | + | Article – Correctional Services 9 | |
62 | + | Section 7–301.1(a)(3)(ii)2. 10 | |
63 | 63 | Annotated Code of Maryland 11 | |
64 | - | ( | |
64 | + | (2017 Replacement Volume and 2024 Supplement) 12 | |
65 | 65 | ||
66 | - | BY repealing and reenacting, | |
67 | - | Article – | |
68 | - | Section | |
66 | + | BY repealing and reenacting, with amendments, 13 | |
67 | + | Article – Courts and Judicial Proceedings 14 | |
68 | + | Section 4–301(b)(18) 15 | |
69 | 69 | Annotated Code of Maryland 16 | |
70 | - | ( | |
70 | + | (2020 Replacement Volume and 2024 Supplement) 17 | |
71 | 71 | ||
72 | - | BY | |
73 | - | Article – | |
74 | - | Section 7– | |
72 | + | BY adding to 18 | |
73 | + | Article – Criminal Law 19 | |
74 | + | Section 7–104.1 20 | |
75 | 75 | Annotated Code of Maryland 21 | |
76 | - | ( | |
76 | + | (2021 Replacement Volume and 2024 Supplement) 22 | |
77 | 77 | ||
78 | 78 | BY repealing and reenacting, with amendments, 23 | |
79 | - | Article – | |
80 | - | Section | |
79 | + | Article – Criminal Law 24 | |
80 | + | Section 7–108 25 | |
81 | 81 | Annotated Code of Maryland 26 | |
82 | - | ( | |
82 | + | (2021 Replacement Volume and 2024 Supplement) 27 | |
83 | 83 | ||
84 | - | BY | |
85 | - | Article – Criminal | |
86 | - | Section | |
84 | + | BY repealing and reenacting, with amendments, 28 | |
85 | + | Article – Criminal Procedure 29 | |
86 | + | Section 4–206(b) and (d) 30 | |
87 | 87 | Annotated Code of Maryland 31 | |
88 | - | ( | |
88 | + | (2018 Replacement Volume and 2024 Supplement) 32 | |
89 | 89 | ||
90 | 90 | BY repealing and reenacting, with amendments, 33 | |
91 | - | Article – | |
92 | - | Section | |
91 | + | Article – Estates and Trusts 34 | |
92 | + | Section 11–111(a) and (d) 35 | |
93 | 93 | Annotated Code of Maryland 36 | |
94 | - | ( | |
94 | + | (2022 Replacement Volume and 2024 Supplement) 37 | |
95 | 95 | ||
96 | - | BY | |
97 | - | ||
96 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38 | |
97 | + | That the Laws of Maryland read as follows: 39 SENATE BILL 466 3 | |
98 | 98 | ||
99 | 99 | ||
100 | - | Section 4–206(b) and (d) 1 | |
101 | - | Annotated Code of Maryland 2 | |
102 | - | (2018 Replacement Volume and 2024 Supplement) 3 | |
103 | 100 | ||
104 | - | BY repealing and reenacting, with amendments, 4 | |
105 | - | Article – Estates and Trusts 5 | |
106 | - | Section 11–111(a) and (d) 6 | |
107 | - | Annotated Code of Maryland 7 | |
108 | - | (2022 Replacement Volume and 2024 Supplement) 8 | |
101 | + | Article – Commercial Law 1 | |
109 | 102 | ||
110 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
111 | - | That the Laws of Maryland read as follows: 10 | |
103 | + | 13–204. 2 | |
112 | 104 | ||
113 | - | Article – Commercial Law 11 | |
105 | + | (a) In addition to any other of its powers and duties, the Division has the powers 3 | |
106 | + | and duties to: 4 | |
114 | 107 | ||
115 | - | 13–204. 12 | |
108 | + | (15) (i) Bring a civil action for damages or an action under this title 5 | |
109 | + | against a person who violates § 7–104.1 OR § 8–801 of the Criminal Law Article on behalf 6 | |
110 | + | of a victim of the offense or, if the victim is deceased, the victim’s estate; 7 | |
116 | 111 | ||
117 | - | ( | |
118 | - | and | |
112 | + | (ii) Recover damages under this item for property loss or damage; 8 | |
113 | + | and 9 | |
119 | 114 | ||
120 | - | (15) (i) Bring a civil action for damages or an action under this title 15 | |
121 | - | against a person who violates § 7–104.1 OR § 8–801 of the Criminal Law Article on behalf 16 | |
122 | - | of a victim of the offense or, if the victim is deceased, the victim’s estate; 17 | |
115 | + | (iii) If the Division prevails in an action brought under this item, 10 | |
116 | + | recover the costs of the action for the use of the Office of the Attorney General; and 11 | |
123 | 117 | ||
124 | - | (ii) Recover damages under this item for property loss or damage; 18 | |
125 | - | and 19 | |
118 | + | 13–301. 12 | |
126 | 119 | ||
127 | - | (iii) If the Division prevails in an action brought under this item, 20 | |
128 | - | recover the costs of the action for the use of the Office of the Attorney General; and 21 | |
120 | + | Unfair, abusive, or deceptive trade practices include any: 13 | |
129 | 121 | ||
130 | - | ||
122 | + | (14) Violation of a provision of: 14 | |
131 | 123 | ||
132 | - | | |
124 | + | (xxiv) Section 7–304, § 7–104.1, or § 8–801 of the Criminal Law Article; 15 | |
133 | 125 | ||
134 | - | ||
126 | + | 14–4303. 16 | |
135 | 127 | ||
136 | - | (xxiv) Section 7–304, § 7–104.1, or § 8–801 of the Criminal Law Article; 25 | |
128 | + | (a) The purpose of the Unit is to protect seniors and vulnerable adults from 17 | |
129 | + | financial crimes under § 7–104.1 OR § 8–801 of the Criminal Law Article. 18 | |
137 | 130 | ||
138 | - | 14–4303. 26 | |
131 | + | (b) The Unit may bring a civil action under § 13–204(a)(15) of this article or § 19 | |
132 | + | 11–209(a) of the Corporations and Associations Article for damages against a person who 20 | |
133 | + | violates § 7–104.1 OR § 8–801 of the Criminal Law Article. 21 | |
139 | 134 | ||
140 | - | ( | |
141 | - | ||
135 | + | (c) A conviction for an offense under § 7–104.1 OR § 8–801 of the Criminal Law 22 | |
136 | + | Article is not a prerequisite for maintenance of an action under subsection (b) of this section. 23 | |
142 | 137 | ||
143 | - | (b) The Unit may bring a civil action under § 13–204(a)(15) of this article or § 29 | |
144 | - | 11–209(a) of the Corporations and Associations Article for damages against a person who 30 | |
145 | - | violates § 7–104.1 OR § 8–801 of the Criminal Law Article. 31 | |
138 | + | Article – Corporations and Associations 24 | |
139 | + | ||
140 | + | 11–209. 25 | |
141 | + | ||
142 | + | (a) The Commissioner may: 26 | |
146 | 143 | 4 SENATE BILL 466 | |
147 | 144 | ||
148 | 145 | ||
149 | - | (c) A conviction for an offense under § 7–104.1 OR § 8–801 of the Criminal Law 1 | |
150 | - | Article is not a prerequisite for maintenance of an action under subsection (b) of this section. 2 | |
146 | + | (1) (i) Bring a civil action for damages against a person that violates § 1 | |
147 | + | 7–104.1 OR § 8–801 of the Criminal Law Article on behalf of a victim of the violation or, if 2 | |
148 | + | the victim is deceased, the victim’s estate; 3 | |
151 | 149 | ||
152 | - | Article – Corporations and Associations 3 | |
150 | + | (ii) Recover damages under this subsection for property loss or 4 | |
151 | + | damage; and 5 | |
153 | 152 | ||
154 | - | 11–209. 4 | |
153 | + | (iii) If the Commissioner prevails in an action brought under this 6 | |
154 | + | paragraph, recover the costs of the action for the use of the Office of the Attorney General; 7 | |
155 | + | and 8 | |
155 | 156 | ||
156 | - | (a) The Commissioner may: 5 | |
157 | + | (2) (i) Bring a civil action for damages on behalf of a susceptible adult 9 | |
158 | + | or older adult who is authorized to bring a cause of action under § 13–603 of the Estates 10 | |
159 | + | and Trusts Article; and 11 | |
157 | 160 | ||
158 | - | (1) (i) Bring a civil action for damages against a person that violates § 6 | |
159 | - | 7–104.1 OR § 8–801 of the Criminal Law Article on behalf of a victim of the violation or, if 7 | |
160 | - | the victim is deceased, the victim’s estate; 8 | |
161 | + | (ii) If the Commissioner prevails in an action brought under this 12 | |
162 | + | paragraph, recover the costs of the action for the use of the Office of the Attorney General. 13 | |
161 | 163 | ||
162 | - | ( | |
163 | - | ||
164 | + | (b) A conviction for a violation of § 7–104.1 OR § 8–801 of the Criminal Law 14 | |
165 | + | Article is not a prerequisite for maintenance of an action under subsection (a) of this section. 15 | |
164 | 166 | ||
165 | - | (iii) If the Commissioner prevails in an action brought under this 11 | |
166 | - | paragraph, recover the costs of the action for the use of the Office of the Attorney General; 12 | |
167 | - | and 13 | |
167 | + | Article – Correctional Services 16 | |
168 | 168 | ||
169 | - | (2) (i) Bring a civil action for damages on behalf of a susceptible adult 14 | |
170 | - | or older adult who is authorized to bring a cause of action under § 13–603 of the Estates 15 | |
171 | - | and Trusts Article; and 16 | |
169 | + | 7–301.1. 17 | |
172 | 170 | ||
173 | - | (ii) If the Commissioner prevails in an action brought under this 17 | |
174 | - | paragraph, recover the costs of the action for the use of the Office of the Attorney General. 18 | |
171 | + | (a) (1) In this section the following words have the meanings indicated. 18 | |
175 | 172 | ||
176 | - | ( | |
177 | - | ||
173 | + | (3) “Eligible incarcerated individual” means an incarcerated individual 19 | |
174 | + | who: 20 | |
178 | 175 | ||
179 | - | ||
176 | + | (ii) is serving a sentence for which the most serious offense is: 21 | |
180 | 177 | ||
181 | - | 7–301.1. 22 | |
178 | + | 2. a violation involving a value of $1,500 or less of § 7–104, § 22 | |
179 | + | 7–104.1, § 8–103, § 8–206, § 8–207, § 8–209, § 8–301, § 8–509, § 8–510, § 8–511, § 8–512, 23 | |
180 | + | § 8–513, § 8–514, § 8–515, § 8–611, or § 8–801 of the Criminal Law Article; 24 | |
182 | 181 | ||
183 | - | ||
182 | + | Article – Courts and Judicial Proceedings 25 | |
184 | 183 | ||
185 | - | (3) “Eligible incarcerated individual” means an incarcerated individual 24 | |
186 | - | who: 25 | |
184 | + | 4–301. 26 | |
187 | 185 | ||
188 | - | (ii) is serving a sentence for which the most serious offense is: 26 | |
186 | + | (b) Except as provided in § 4–302 of this subtitle, the District Court also has 27 | |
187 | + | exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 28 | |
188 | + | a corporation is charged with: 29 | |
189 | 189 | ||
190 | - | 2. a violation involving a value of $1,500 or less of § 7–104, § 27 | |
191 | - | 7–104.1, § 8–103, § 8–206, § 8–207, § 8–209, § 8–301, § 8–509, § 8–510, § 8–511, § 8–512, 28 | |
192 | - | § 8–513, § 8–514, § 8–515, § 8–611, or § 8–801 of the Criminal Law Article; 29 | |
190 | + | (18) Violation of § 7–104.1 OR § 8–801 of the Criminal Law Article; 30 | |
191 | + | SENATE BILL 466 5 | |
193 | 192 | ||
194 | - | Article – Courts and Judicial Proceedings 30 SENATE BILL 466 5 | |
193 | + | ||
194 | + | Article – Criminal Law 1 | |
195 | + | ||
196 | + | 7–104.1. 2 | |
197 | + | ||
198 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3 | |
199 | + | INDICATED. 4 | |
200 | + | ||
201 | + | (2) “CAREGIVER” HAS THE MEANING STAT ED IN § 3–604 OF THIS 5 | |
202 | + | ARTICLE. 6 | |
203 | + | ||
204 | + | (3) “FAMILY MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF THIS 7 | |
205 | + | ARTICLE. 8 | |
206 | + | ||
207 | + | (4) “HOUSEHOLD MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF 9 | |
208 | + | THIS ARTICLE. 10 | |
209 | + | ||
210 | + | (5) “VULNERABLE ADULT ” HAS THE MEANING STAT ED IN § 3–604 OF 11 | |
211 | + | THIS ARTICLE. 12 | |
212 | + | ||
213 | + | (B) A CAREGIVER, FAMILY MEMBER , OR HOUSEHOLD MEMBER OF AN 13 | |
214 | + | INDIVIDUAL MAY NOT K NOWINGLY AND WILLFULLY OBTAIN THE PROPERTY OF THE 14 | |
215 | + | INDIVIDUAL WITH INTE NT TO DEPRIVE THE IN DIVIDUAL OF THE INDI VIDUAL’S 15 | |
216 | + | PROPERTY IF THE CARE GIVER, FAMILY MEMBER , OR HOUSEHOLD MEMBER KNOWS 16 | |
217 | + | OR REASONABLY SHOULD KNOW THAT: 17 | |
218 | + | ||
219 | + | (1) THE INDIVIDUAL IS A VULNERABLE ADULT ; OR 18 | |
220 | + | ||
221 | + | (2) THE INDIVIDUAL IS AT LEAST 68 YEARS. 19 | |
222 | + | ||
223 | + | (C) (1) (I) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 20 | |
224 | + | WHEN THE VALUE OF TH E PROPERTY IS AT LEA ST $1,500 BUT LESS THAN $25,000 IS 21 | |
225 | + | GUILTY OF A FELONY A ND: 22 | |
226 | + | ||
227 | + | 1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 5 23 | |
228 | + | YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND 24 | |
229 | + | ||
230 | + | 2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 25 | |
231 | + | TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 26 | |
232 | + | VALUE TO THE OWNER ’S ESTATE. 27 | |
233 | + | ||
234 | + | (II) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 28 | |
235 | + | WHEN THE VALUE OF TH E PROPERTY IS AT LEA ST $25,000 BUT LESS THAN $100,000 29 | |
236 | + | IS GUILTY OF A FELON Y AND: 30 6 SENATE BILL 466 | |
195 | 237 | ||
196 | 238 | ||
197 | 239 | ||
198 | - | 4–301. 1 | |
240 | + | 1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 1 | |
241 | + | YEARS OR A FINE NOT EXCEEDING $15,000 OR BOTH; AND 2 | |
199 | 242 | ||
200 | - | | |
201 | - | ||
202 | - | ||
243 | + | 2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 3 | |
244 | + | TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 4 | |
245 | + | VALUE TO THE OWNER ’S ESTATE. 5 | |
203 | 246 | ||
204 | - | (18) Violation of § 7–104.1 OR § 8–801 of the Criminal Law Article; 5 | |
247 | + | (III) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 6 | |
248 | + | WHEN THE VALUE OF TH E PROPERTY IS $100,000 OR MORE IS GUILTY OF A FELONY 7 | |
249 | + | AND: 8 | |
205 | 250 | ||
206 | - | Article – Criminal Law 6 | |
251 | + | 1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 20 9 | |
252 | + | YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH; AND 10 | |
207 | 253 | ||
208 | - | 7–104.1. 7 | |
254 | + | 2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 11 | |
255 | + | TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 12 | |
256 | + | VALUE TO THE OWNER ’S ESTATE. 13 | |
209 | 257 | ||
210 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8 | |
211 | - | INDICATED. 9 | |
258 | + | (2) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION WHEN 14 | |
259 | + | THE VALUE OF THE PRO PERTY IS LESS THAN $1,500 IS GUILTY OF A MISDE MEANOR 15 | |
260 | + | AND: 16 | |
212 | 261 | ||
213 | - | ( | |
214 | - | ||
262 | + | (I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 1 YEAR OR 17 | |
263 | + | A FINE NOT EXCEEDING $500 OR BOTH; AND 18 | |
215 | 264 | ||
216 | - | (3) “FAMILY MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF THIS 12 | |
217 | - | ARTICLE. 13 | |
265 | + | (II) SHALL RESTORE TH E PROPERTY TAKEN OR ITS VALUE TO 19 | |
266 | + | THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 20 | |
267 | + | VALUE TO THE OWNER ’S ESTATE. 21 | |
218 | 268 | ||
219 | - | (4) “HOUSEHOLD MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF 14 | |
220 | - | THIS ARTICLE. 15 | |
269 | + | (D) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 22 | |
270 | + | AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY CRI ME BASED 23 | |
271 | + | ON THE ACT OR ACTS E STABLISHING THE VIOL ATION OF THIS SECTIO N. 24 | |
221 | 272 | ||
222 | - | (5) “VULNERABLE ADULT ” HAS THE MEANING STAT ED IN § 3–604 OF 16 | |
223 | - | THIS ARTICLE. 17 | |
224 | - | ||
225 | - | (B) A CAREGIVER, FAMILY MEMBER , OR HOUSEHOLD MEMBER OF AN 18 | |
226 | - | INDIVIDUAL MAY NOT K NOWINGLY AND WILLFUL LY OBTAIN THE PROPER TY OF THE 19 | |
227 | - | INDIVIDUAL WITH INTE NT TO DEPRIVE THE IN DIVIDUAL OF THE INDI VIDUAL’S 20 | |
228 | - | PROPERTY IF THE CARE GIVER, FAMILY MEMBER , OR HOUSEHOLD MEMBER KNOWS 21 | |
229 | - | OR REASONABLY SHOULD KNOW THAT: 22 | |
230 | - | ||
231 | - | (1) THE INDIVIDUAL IS A VULNERABLE ADULT ; OR 23 | |
232 | - | ||
233 | - | (2) THE INDIVIDUAL IS AT LEAST 68 YEARS. 24 | |
234 | - | ||
235 | - | (C) (1) (I) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 25 | |
236 | - | WHEN THE VALUE OF TH E PROPERTY IS AT LEA ST $1,500 BUT LESS THAN $25,000 IS 26 | |
237 | - | GUILTY OF A FELONY AND: 27 | |
238 | - | ||
239 | - | 1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 5 28 | |
240 | - | YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND 29 | |
241 | - | 6 SENATE BILL 466 | |
242 | - | ||
243 | - | ||
244 | - | 2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 1 | |
245 | - | TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 2 | |
246 | - | VALUE TO THE OWNER ’S ESTATE. 3 | |
247 | - | ||
248 | - | (II) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 4 | |
249 | - | WHEN THE VALUE OF TH E PROPERTY IS AT LEA ST $25,000 BUT LESS THAN $100,000 5 | |
250 | - | IS GUILTY OF A FELON Y AND: 6 | |
251 | - | ||
252 | - | 1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 10 7 | |
253 | - | YEARS OR A FINE NOT EXCEEDING $15,000 OR BOTH; AND 8 | |
254 | - | ||
255 | - | 2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 9 | |
256 | - | TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 10 | |
257 | - | VALUE TO THE OWNER ’S ESTATE. 11 | |
258 | - | ||
259 | - | (III) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION 12 | |
260 | - | WHEN THE VALUE OF TH E PROPERTY IS $100,000 OR MORE IS GUILTY OF A FELONY 13 | |
261 | - | AND: 14 | |
262 | - | ||
263 | - | 1. IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 20 15 | |
264 | - | YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH; AND 16 | |
265 | - | ||
266 | - | 2. SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE 17 | |
267 | - | TO THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR I TS 18 | |
268 | - | VALUE TO THE OWNER ’S ESTATE. 19 | |
269 | - | ||
270 | - | (2) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION WHEN 20 | |
271 | - | THE VALUE OF THE PRO PERTY IS LESS THAN $1,500 IS GUILTY OF A MISDE MEANOR 21 | |
272 | - | AND: 22 | |
273 | - | ||
274 | - | (I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 1 YEAR OR 23 | |
275 | - | A FINE NOT EXCEEDING $500 OR BOTH; AND 24 | |
276 | - | ||
277 | - | (II) SHALL RESTORE THE PR OPERTY TAKEN OR ITS VALUE TO 25 | |
278 | - | THE OWNER OR , IF THE OWNER IS DECE ASED, RESTORE THE PROPERTY OR ITS 26 | |
279 | - | VALUE TO THE OWNER ’S ESTATE. 27 | |
280 | - | ||
281 | - | (D) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE SEPARATE FROM 28 | |
282 | - | AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY CRI ME BASED 29 | |
283 | - | ON THE ACT OR ACTS E STABLISHING THE VIOL ATION OF THIS SECTIO N. 30 | |
284 | - | ||
285 | - | (E) (1) IF A DEFENDANT FAILS TO RESTORE FULLY THE PROPERTY 31 | |
286 | - | TAKEN OR ITS VALUE A S ORDERED UNDER SUBS ECTION (C) OF THIS SECTION, THE 32 | |
287 | - | DEFENDANT IS DISQUAL IFIED, TO THE EXTENT OF THE DEFENDANT ’S FAILURE TO 33 SENATE BILL 466 7 | |
288 | - | ||
289 | - | ||
290 | - | RESTORE THE PROPERTY OR ITS VALUE, FROM INHERITING , TAKING, ENJOYING, 1 | |
291 | - | RECEIVING, OR OTHERWISE BENEFIT ING FROM THE ESTATE , INSURANCE 2 | |
292 | - | PROCEEDS, OR PROPERTY OF THE V ICTIM OF THE OFFENSE, WHETHER BY 3 | |
293 | - | OPERATION OF LAW OR PURSUANT TO A LEGAL DOCUMENT EXECUTED OR ENTERED 4 | |
294 | - | INTO BY THE VICTIM B EFORE THE DEFENDANT HAS BEEN CONVICTED U NDER THIS 5 | |
295 | - | SECTION. 6 | |
296 | - | ||
297 | - | (2) THE DEFENDANT HAS THE BURDEN OF PROOF WITH RESPECT TO 7 | |
298 | - | ESTABLISHING UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT THE DEFENDANT 8 | |
299 | - | HAS FULLY RESTORED T HE PROPERTY TAKEN OR ITS VALUE. 9 | |
300 | - | ||
301 | - | (F) THIS SECTION MAY NOT BE CONSTRUED TO IMPO SE CRIMINAL 10 | |
302 | - | LIABILITY ON A PERSO N WHO, AT THE REQUEST OF TH E VICTIM OF THE OFFE NSE, 11 | |
303 | - | THE VICTIM’S FAMILY, OR THE COURT –APPOINTED GUARDIAN O F THE VICTIM, HAS 12 | |
304 | - | MADE A GOOD FAITH EF FORT TO ASSIST THE V ICTIM IN THE MANAGEM ENT OF OR 13 | |
305 | - | TRANSFER OF THE VICT IM’S PROPERTY. 14 | |
306 | - | ||
307 | - | (G) IN ADDITION TO ANY PE NALTIES SET FORTH IN THIS SECTION, A 15 | |
308 | - | VIOLATION OF THIS SE CTION: 16 | |
309 | - | ||
310 | - | (1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 17 | |
311 | - | THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 18 | |
312 | - | ||
313 | - | (2) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y PROVISIONS 19 | |
314 | - | CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 20 | |
315 | - | ||
316 | - | 7–108. 21 | |
317 | - | ||
318 | - | (a) An indictment, information, warrant, or other charging document for theft 22 | |
319 | - | under this part, other than for taking a motor vehicle under § 7–105 of this part, is sufficient 23 | |
320 | - | if it substantially states: 24 | |
321 | - | ||
322 | - | “(name of defendant) on (date) in (county) stole (property or services stolen) of (name 25 | |
323 | - | of victim), having a value of (less than $1,500, at least $1,500 but less than $25,000, at least 26 | |
324 | - | $25,000 but less than $100,000, or $100,000 or more) in violation of § 7–104 OR § 7–104.1 27 | |
325 | - | of the Criminal Law Article, against the peace, government, and dignity of the State.”. 28 | |
326 | - | ||
327 | - | (b) An indictment, information, warrant, or other charging document for theft 29 | |
328 | - | under this part for taking a motor vehicle under § 7–105 of this part is sufficient if it 30 | |
329 | - | substantially states: 31 | |
330 | - | ||
331 | - | “(name of defendant) on (date) in (county) knowingly and willfully took a motor 32 | |
332 | - | vehicle out of (name of victim)’s lawful custody, control, or use, without the consent of (name 33 | |
333 | - | of victim), in violation of § 7–105 of the Criminal Law Article, against the peace, 34 | |
334 | - | government, and dignity of the State.”. 35 8 SENATE BILL 466 | |
273 | + | (E) (1) IF A DEFENDANT FAILS TO RESTORE FULLY THE PROPERTY 25 | |
274 | + | TAKEN OR ITS VALUE A S ORDERED UNDER SUBS ECTION (C) OF THIS SECTION , THE 26 | |
275 | + | DEFENDANT IS DISQUAL IFIED, TO THE EXTENT OF THE DEFENDANT’S FAILURE TO 27 | |
276 | + | RESTORE THE PROPERTY OR ITS VALUE, FROM INHERITING , TAKING, ENJOYING, 28 | |
277 | + | RECEIVING, OR OTHERWISE BENEFIT ING FROM THE ESTATE , INSURANCE 29 | |
278 | + | PROCEEDS, OR PROPERTY OF THE V ICTIM OF THE OFFENSE , WHETHER BY 30 | |
279 | + | OPERATION OF LAW OR PURSUANT TO A LEGAL DOCUMENT EXECUTED OR E NTERED 31 | |
280 | + | INTO BY THE VICTIM B EFORE THE DEFENDANT HAS BEEN CONVICTED U NDER THIS 32 | |
281 | + | SECTION. 33 SENATE BILL 466 7 | |
335 | 282 | ||
336 | 283 | ||
337 | 284 | ||
338 | - | ( | |
339 | - | ||
340 | - | ||
285 | + | (2) THE DEFENDANT HAS THE BURDEN OF PROOF WITH RESPECT TO 1 | |
286 | + | ESTABLISHING UNDER P ARAGRAPH (1) OF THIS SUBSECTION T HAT THE DEFENDANT 2 | |
287 | + | HAS FULLY RESTORED THE PROPERTY TAKEN O R ITS VALUE. 3 | |
341 | 288 | ||
342 | - | (d) Unless specifically charged by the State, theft of property or services with a 4 | |
343 | - | value of less than $100 as provided under § 7–104(g)(3) of this subtitle may not be 5 | |
344 | - | considered a lesser included crime of any other crime. 6 | |
289 | + | (F) THIS SECTION MAY NOT BE CONSTRUED TO IMPO SE CRIMINAL 4 | |
290 | + | LIABILITY ON A PERSO N WHO, AT THE REQUEST OF TH E VICTIM OF THE OFFE NSE, 5 | |
291 | + | THE VICTIM’S FAMILY, OR THE COURT –APPOINTED GUARDIAN O F THE VICTIM, HAS 6 | |
292 | + | MADE A GOOD FAITH E FFORT TO ASSIST THE VICTIM IN THE MANAGE MENT OF OR 7 | |
293 | + | TRANSFER OF THE VICT IM’S PROPERTY. 8 | |
345 | 294 | ||
346 | - | Article – Criminal Procedure 7 | |
295 | + | (G) IN ADDITION TO ANY PE NALTIES SET FORTH IN THIS SECTION, A 9 | |
296 | + | VIOLATION OF THIS SE CTION: 10 | |
347 | 297 | ||
348 | - | 4–206. 8 | |
298 | + | (1) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 11 | |
299 | + | THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 12 | |
349 | 300 | ||
350 | - | (b) A State’s Attorney may file a petition to freeze assets of a defendant charged 9 | |
351 | - | with violating § 7–104.1 OR § 8–801 of the Criminal Law Article with the circuit court of 10 | |
352 | - | the county in which the defendant was charged if: 11 | |
301 | + | (2) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y PROVISIONS 13 | |
302 | + | CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 14 | |
353 | 303 | ||
354 | - | (1) the petition is filed within 60 days of the defendant being charged with 12 | |
355 | - | a violation of § 8–801 of the Criminal Law Article; 13 | |
304 | + | 7–108. 15 | |
356 | 305 | ||
357 | - | (2) the alleged value of lost or stolen property in the criminal charge giving 14 | |
358 | - | rise to the petition is $10,000 or more; 15 | |
306 | + | (a) An indictment, information, warrant, or other charging document for theft 16 | |
307 | + | under this part, other than for taking a motor vehicle under § 7–105 of this part, is sufficient 17 | |
308 | + | if it substantially states: 18 | |
359 | 309 | ||
360 | - | (3) the amount of money subject to the petition does not exceed the alleged 16 | |
361 | - | value of lost or stolen property in the criminal charge giving rise to the petition; and 17 | |
310 | + | “(name of defendant) on (date) in (county) stole (property or services stolen) of (name 19 | |
311 | + | of victim), having a value of (less than $1,500, at least $1,500 but less than $25,000, at least 20 | |
312 | + | $25,000 but less than $100,000, or $100,000 or more) in violation of § 7–104 OR § 7–104.1 21 | |
313 | + | of the Criminal Law Article, against the peace, government, and dignity of the State.”. 22 | |
362 | 314 | ||
363 | - | (4) the State’s Attorney sends a notice of intent to file a petition to each 18 | |
364 | - | financial institution in possession of money subject to the petition. 19 | |
315 | + | (b) An indictment, information, warrant, or other charging document for theft 23 | |
316 | + | under this part for taking a motor vehicle under § 7–105 of this part is sufficient if it 24 | |
317 | + | substantially states: 25 | |
365 | 318 | ||
366 | - | (d) A court may grant a petition to freeze assets and issue an order to freeze assets 20 | |
367 | - | if the State’s Attorney proves by a preponderance of the evidence that: 21 | |
319 | + | “(name of defendant) on (date) in (county) knowingly and willfully took a motor 26 | |
320 | + | vehicle out of (name of victim)’s lawful custody, control, or use, without the consent of (name 27 | |
321 | + | of victim), in violation of § 7–105 of the Criminal Law Article, against the peace, 28 | |
322 | + | government, and dignity of the State.”. 29 | |
368 | 323 | ||
369 | - | (1) the defendant has a legal, equitable, or possessory interest in the money 22 | |
370 | - | listed in the petition; and 23 | |
371 | - | ||
372 | - | (2) the money listed in the petition is not jointly held unless the State’s 24 | |
373 | - | Attorney also proves by a preponderance of the evidence that: 25 | |
374 | - | ||
375 | - | (i) the defendant transferred the defendant’s money to avoid being 26 | |
376 | - | subject to an order to freeze assets; or 27 | |
377 | - | ||
378 | - | (ii) the money listed in the petition was used in connection with a 28 | |
379 | - | violation of § 7–104.1 OR § 8–801 of the Criminal Law Article. 29 | |
380 | - | ||
381 | - | Article – Estates and Trusts 30 | |
382 | - | ||
383 | - | 11–111. 31 SENATE BILL 466 9 | |
324 | + | (c) In a case in the circuit court in which the general form of indictment or 30 | |
325 | + | information is used to charge a defendant with a crime under this part, the defendant, on 31 | |
326 | + | timely demand, is entitled to a bill of particulars. 32 | |
327 | + | 8 SENATE BILL 466 | |
384 | 328 | ||
385 | 329 | ||
330 | + | (d) Unless specifically charged by the State, theft of property or services with a 1 | |
331 | + | value of less than $100 as provided under § 7–104(g)(3) of this subtitle may not be 2 | |
332 | + | considered a lesser included crime of any other crime. 3 | |
386 | 333 | ||
387 | - | (a) A person convicted of unlawfully obtaining property from a victim in violation 1 | |
388 | - | of § 7–104.1(B) OR § 8–801(b) of the Criminal Law Article shall be disqualified from 2 | |
389 | - | inheriting, taking, enjoying, receiving, or otherwise benefitting from the estate, insurance 3 | |
390 | - | proceeds, or property of the victim, to the extent provided in § 7–104.1(E) OR § 8–801(e) of 4 | |
391 | - | the Criminal Law Article. 5 | |
334 | + | Article – Criminal Procedure 4 | |
392 | 335 | ||
393 | - | (d) A fiduciary or other person who distributes property in good faith and without 6 | |
394 | - | actual knowledge of a conviction under § 7–104.1 OR § 8–801 of the Criminal Law Article 7 | |
395 | - | is not personally liable for the distribution. 8 | |
336 | + | 4–206. 5 | |
396 | 337 | ||
397 | - | Article – Criminal Law 9 | |
338 | + | (b) A State’s Attorney may file a petition to freeze assets of a defendant charged 6 | |
339 | + | with violating § 7–104.1 OR § 8–801 of the Criminal Law Article with the circuit court of 7 | |
340 | + | the county in which the defendant was charged if: 8 | |
398 | 341 | ||
399 | - | 8–801. 10 | |
342 | + | (1) the petition is filed within 60 days of the defendant being charged with 9 | |
343 | + | a violation of § 8–801 of the Criminal Law Article; 10 | |
400 | 344 | ||
401 | - | (a) (1) In this section the following words have the meanings indicated. 11 | |
345 | + | (2) the alleged value of lost or stolen property in the criminal charge giving 11 | |
346 | + | rise to the petition is $10,000 or more; 12 | |
402 | 347 | ||
403 | - | ( | |
404 | - | ||
348 | + | (3) the amount of money subject to the petition does not exceed the alleged 13 | |
349 | + | value of lost or stolen property in the criminal charge giving rise to the petition; and 14 | |
405 | 350 | ||
406 | - | [(2)] (3) “Deception” has the meaning stated in § 7–101 of this article. 14 | |
351 | + | (4) the State’s Attorney sends a notice of intent to file a petition to each 15 | |
352 | + | financial institution in possession of money subject to the petition. 16 | |
407 | 353 | ||
408 | - | [(3)] (4) “Deprive” has the meaning stated in § 7–101 of this article. 15 | |
354 | + | (d) A court may grant a petition to freeze assets and issue an order to freeze assets 17 | |
355 | + | if the State’s Attorney proves by a preponderance of the evidence that: 18 | |
409 | 356 | ||
410 | - | ( | |
411 | - | ||
357 | + | (1) the defendant has a legal, equitable, or possessory interest in the money 19 | |
358 | + | listed in the petition; and 20 | |
412 | 359 | ||
413 | - | ( | |
414 | - | ||
360 | + | (2) the money listed in the petition is not jointly held unless the State’s 21 | |
361 | + | Attorney also proves by a preponderance of the evidence that: 22 | |
415 | 362 | ||
416 | - | [(4)] (7) “Obtain” has the meaning stated in § 7–101 of this article. 20 | |
363 | + | (i) the defendant transferred the defendant’s money to avoid being 23 | |
364 | + | subject to an order to freeze assets; or 24 | |
417 | 365 | ||
418 | - | [(5)] (8) “Property” has the meaning stated in § 7–101 of this article. 21 | |
366 | + | (ii) the money listed in the petition was used in connection with a 25 | |
367 | + | violation of § 7–104.1 OR § 8–801 of the Criminal Law Article. 26 | |
419 | 368 | ||
420 | - | [(6)] (9) (i) “Undue influence” means domination and influence 22 | |
421 | - | amounting to force and coercion exercised by another person to such an extent that a 23 | |
422 | - | vulnerable adult or an individual at least 68 years old was prevented from exercising free 24 | |
423 | - | judgment and choice. 25 | |
369 | + | Article – Estates and Trusts 27 | |
424 | 370 | ||
425 | - | (ii) “Undue influence” does not include the normal influence that one 26 | |
426 | - | member of a family has over another member of the family. 27 | |
371 | + | 11–111. 28 | |
427 | 372 | ||
428 | - | [(7)] (10) “Value” has the meaning stated in § 7–103 of this article. 28 | |
429 | - | ||
430 | - | [(8)] (11) “Vulnerable adult” has the meaning stated in § 3–604 of this 29 | |
431 | - | article. 30 10 SENATE BILL 466 | |
373 | + | (a) A person convicted of unlawfully obtaining property from a victim in violation 29 | |
374 | + | of § 7–104.1(B) OR § 8–801(b) of the Criminal Law Article shall be disqualified from 30 | |
375 | + | inheriting, taking, enjoying, receiving, or otherwise benefitting from the estate, insurance 31 SENATE BILL 466 9 | |
432 | 376 | ||
433 | 377 | ||
378 | + | proceeds, or property of the victim, to the extent provided in § 7–104.1(E) OR § 8–801(e) of 1 | |
379 | + | the Criminal Law Article. 2 | |
434 | 380 | ||
435 | - | (b) (1) A person may not knowingly and willfully obtain by deception, 1 | |
436 | - | intimidation, or undue influence the property of an individual that the person knows or 2 | |
437 | - | reasonably should know is a vulnerable adult with intent to deprive the vulnerable adult 3 | |
438 | - | of the vulnerable adult’s property. 4 | |
381 | + | (d) A fiduciary or other person who distributes property in good faith and without 3 | |
382 | + | actual knowledge of a conviction under § 7–104.1 OR § 8–801 of the Criminal Law Article 4 | |
383 | + | is not personally liable for the distribution. 5 | |
439 | 384 | ||
440 | - | (2) A person may not knowingly and willfully obtain by deception, 5 | |
441 | - | intimidation, or undue influence the property of an individual that the person knows or 6 | |
442 | - | reasonably should know is at least 68 years old, with intent to deprive the individual of the 7 | |
443 | - | individual’s property. 8 | |
385 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 | |
386 | + | October 1, 2025. 7 | |
444 | 387 | ||
445 | - | (3) A PERSON WHO IS A CARE GIVER TO OR A FAMILY MEMBER OR 9 | |
446 | - | HOUSEHOLD MEMBER OF AN INDIVIDUAL MAY NO T KNOWINGLY AND WILL FULLY 10 | |
447 | - | EXERT UNAUTHORIZED C ONTROL OVER AND OBTAIN THE PROPE RTY OF THE 11 | |
448 | - | INDIVIDUAL WITH INTE NT TO DEPRIVE THE IN DIVIDUAL OF THE INDI VIDUAL’S 12 | |
449 | - | PROPERTY IF: 13 | |
450 | - | ||
451 | - | (I) THE INDIVIDUAL IS A VULNERABLE ADULT ; AND 14 | |
452 | - | ||
453 | - | (II) THE PERSON KNOWS OR REASONABLY SHOULD KN OW THAT 15 | |
454 | - | THE INDIVIDUAL IS A VULNERABLE ADUL T. 16 | |
455 | - | ||
456 | - | (c) (1) (i) A person convicted of a violation of this section when the value of 17 | |
457 | - | the property is at least $1,500 but less than $25,000 is guilty of a felony and: 18 | |
458 | - | ||
459 | - | 1. is subject to imprisonment not exceeding 5 years or a fine 19 | |
460 | - | not exceeding $10,000 or both; and 20 | |
461 | - | ||
462 | - | 2. shall restore the property taken or its value to the owner, 21 | |
463 | - | or, if the owner is deceased, restore the property or its value to the owner’s estate. 22 | |
464 | - | ||
465 | - | (ii) A person convicted of a violation of this section when the value of 23 | |
466 | - | the property is at least $25,000 but less than $100,000 is guilty of a felony and: 24 | |
467 | - | ||
468 | - | 1. is subject to imprisonment not exceeding 10 years or a fine 25 | |
469 | - | not exceeding $15,000 or both; and 26 | |
470 | - | ||
471 | - | 2. shall restore the property taken or its value to the owner, 27 | |
472 | - | or, if the owner is deceased, restore the property or its value to the owner’s estate. 28 | |
473 | - | ||
474 | - | (iii) A person convicted of a violation of this section when the value of 29 | |
475 | - | the property is $100,000 or more is guilty of a felony and: 30 | |
476 | - | ||
477 | - | 1. is subject to imprisonment not exceeding 20 years or a fine 31 | |
478 | - | not exceeding $25,000 or both; and 32 | |
479 | - | SENATE BILL 466 11 | |
480 | - | ||
481 | - | ||
482 | - | 2. shall restore the property taken or its value to the owner, 1 | |
483 | - | or, if the owner is deceased, restore the property or its value to the owner’s estate. 2 | |
484 | - | ||
485 | - | (2) A person convicted of a violation of this section when the value of the 3 | |
486 | - | property is less than $1,500 is guilty of a misdemeanor and: 4 | |
487 | - | ||
488 | - | (i) is subject to imprisonment not exceeding 1 year or a fine not 5 | |
489 | - | exceeding $500 or both; and 6 | |
490 | - | ||
491 | - | (ii) shall restore the property taken or its value to the owner, or, if 7 | |
492 | - | the owner is deceased, restore the property or its value to the owner’s estate. 8 | |
493 | - | ||
494 | - | (d) (1) A sentence imposed FOR A CONVICTION under SUBSECTION (B)(1) 9 | |
495 | - | OR (2) OF this section may be separate from and consecutive to or concurrent with a 10 | |
496 | - | sentence for any crime based on the act or acts establishing the violation of this section. 11 | |
497 | - | ||
498 | - | (2) A SENTENCE IMPOSED FOR A CONVICTION UNDER S UBSECTION 12 | |
499 | - | (B)(3) OF THIS SECTION SHAL L BE CONCURRENT WITH AND NOT CONSECUTIVE TO A 13 | |
500 | - | SENTENCE FOR ANY CRI ME BASED ON THE ACT OR ACTS ESTABLISHING THE 14 | |
501 | - | VIOLATION OF THIS SE CTION. 15 | |
502 | - | ||
503 | - | (e) (1) If a defendant fails to restore fully the property taken or its value as 16 | |
504 | - | ordered under subsection (c) of this section, the defendant is disqualified, to the extent of 17 | |
505 | - | the defendant’s failure to restore the property or its value, from inheriting, taking, enjoying, 18 | |
506 | - | receiving, or otherwise benefiting from the estate, insurance proceeds, or property of the 19 | |
507 | - | victim of the offense, whether by operation of law or pursuant to a legal document executed 20 | |
508 | - | or entered into by the victim before the defendant shall have been convicted under this 21 | |
509 | - | section. 22 | |
510 | - | ||
511 | - | (2) The defendant has the burden of proof with respect to establishing 23 | |
512 | - | under paragraph (1) of this subsection that the defendant has fully restored the property 24 | |
513 | - | taken or its value. 25 | |
514 | - | ||
515 | - | (f) This section may not be construed to impose criminal liability on a person who, 26 | |
516 | - | at the request of the victim of the offense, the victim’s family, or the court appointed 27 | |
517 | - | guardian of the victim, has made a good faith effort to assist the victim in the management 28 | |
518 | - | of or transfer of the victim’s property. 29 | |
519 | - | ||
520 | - | (g) In addition to any penalties set forth in this section, a violation of this section: 30 | |
521 | - | ||
522 | - | (1) is an unfair, abusive, or deceptive trade practice within the meaning of 31 | |
523 | - | Title 13 of the Commercial Law Article; and 32 | |
524 | - | ||
525 | - | (2) is subject to the enforcement and penalty provisions contained in Title 33 | |
526 | - | 13 of the Commercial Law Article. 34 | |
527 | - | 12 SENATE BILL 466 | |
528 | - | ||
529 | - | ||
530 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
531 | - | October 1, 2025. 2 | |
532 | - | ||
533 | - | ||
534 | - | ||
535 | - | ||
536 | - | Approved: | |
537 | - | ________________________________________________________________________________ | |
538 | - | Governor. | |
539 | - | ________________________________________________________________________________ | |
540 | - | President of the Senate. | |
541 | - | ________________________________________________________________________________ | |
542 | - | Speaker of the House of Delegates. |