Maryland 2025 Regular Session

Maryland Senate Bill SB466 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0466*
96
107 SENATE BILL 466
118 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)
1611 Introduced and read first time: January 21, 2025
1712 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
2113
22-CHAPTER ______
14+A BILL ENTITLED
2315
2416 AN ACT concerning 1
2517
2618 Vulnerable and Senior Adults – Theft of Property by Caregiver, Family Member, 2
2719 or Household Member – Prohibition 3
28-Criminal Law – Financial Exploitation of Vulnerable and Senior Adults 4
2920
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
4949
5050
51-to deprive the individual of the individual’s property under certain circumstances; 1
52-and generally relating to vulnerable and senior adults. 2
51+ Annotated Code of Maryland 1
52+ (2014 Replacement Volume and 2024 Supplement) 2
5353
54-BY repealing and reenacting, with amendments, 3
55- Article – Commercial Law 4
56- Section 13204(a)(15), 13–301(14)(xxiv), and 14–4303 5
54+BY repealing and reenacting, without amendments, 3
55+ Article – Correctional Services 4
56+Section 7301.1(a)(1) 5
5757 Annotated Code of Maryland 6
58- (2013 Replacement Volume and 2024 Supplement) 7
58+ (2017 Replacement Volume and 2024 Supplement) 7
5959
6060 BY repealing and reenacting, with amendments, 8
61- Article – Corporations and Associations 9
62-Section 11209 10
61+ Article – Correctional Services 9
62+Section 7301.1(a)(3)(ii)2. 10
6363 Annotated Code of Maryland 11
64- (2014 Replacement Volume and 2024 Supplement) 12
64+ (2017 Replacement Volume and 2024 Supplement) 12
6565
66-BY repealing and reenacting, without amendments, 13
67- Article – Correctional Services 14
68-Section 7–301.1(a)(1) 15
66+BY repealing and reenacting, with amendments, 13
67+ Article – Courts and Judicial Proceedings 14
68+Section 4–301(b)(18) 15
6969 Annotated Code of Maryland 16
70- (2017 Replacement Volume and 2024 Supplement) 17
70+ (2020 Replacement Volume and 2024 Supplement) 17
7171
72-BY repealing and reenacting, with amendments, 18
73- Article – Correctional Services 19
74-Section 7–301.1(a)(3)(ii)2. 20
72+BY adding to 18
73+ Article – Criminal Law 19
74+Section 7–104.1 20
7575 Annotated Code of Maryland 21
76- (2017 Replacement Volume and 2024 Supplement) 22
76+ (2021 Replacement Volume and 2024 Supplement) 22
7777
7878 BY repealing and reenacting, with amendments, 23
79- Article – Courts and Judicial Proceedings 24
80-Section 4301(b)(18) 25
79+ Article – Criminal Law 24
80+Section 7108 25
8181 Annotated Code of Maryland 26
82- (2020 Replacement Volume and 2024 Supplement) 27
82+ (2021 Replacement Volume and 2024 Supplement) 27
8383
84-BY adding to 28
85- Article – Criminal Law 29
86-Section 7104.1 30
84+BY repealing and reenacting, with amendments, 28
85+ Article – Criminal Procedure 29
86+Section 4206(b) and (d) 30
8787 Annotated Code of Maryland 31
88- (2021 Replacement Volume and 2024 Supplement) 32
88+ (2018 Replacement Volume and 2024 Supplement) 32
8989
9090 BY repealing and reenacting, with amendments, 33
91- Article – Criminal Law 34
92-Section 7108 8–801 35
91+ Article – Estates and Trusts 34
92+Section 11111(a) and (d) 35
9393 Annotated Code of Maryland 36
94- (2021 Replacement Volume and 2024 Supplement) 37
94+ (2022 Replacement Volume and 2024 Supplement) 37
9595
96-BY repealing and reenacting, with amendments, 38
97- Article – Criminal Procedure 39 SENATE BILL 466 3
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
9898
9999
100-Section 4–206(b) and (d) 1
101- Annotated Code of Maryland 2
102- (2018 Replacement Volume and 2024 Supplement) 3
103100
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
109102
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
112104
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
114107
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
116111
117- (a) In addition to any other of its powers and duties, the Division has the powers 13
118-and duties to: 14
112+ (ii) Recover damages under this item for property loss or damage; 8
113+and 9
119114
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
123117
124- (ii) Recover damages under this item for property loss or damage; 18
125-and 19
118+13–301. 12
126119
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
129121
130-13–301. 22
122+ (14) Violation of a provision of: 14
131123
132- Unfair, abusive, or deceptive trade practices include any: 23
124+ (xxiv) Section 7–304, § 7–104.1, or § 8–801 of the Criminal Law Article; 15
133125
134- (14) Violation of a provision of: 24
126+14–4303. 16
135127
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
137130
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
139134
140- (a) The purpose of the Unit is to protect seniors and vulnerable adults from 27
141-financial crimes under § 7–104.1 OR § 8–801 of the Criminal Law Article. 28
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
142137
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
146143 4 SENATE BILL 466
147144
148145
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
151149
152-Article – Corporations and Associations 3
150+ (ii) Recover damages under this subsection for property loss or 4
151+damage; and 5
153152
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
155156
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
157160
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
161163
162- (ii) Recover damages under this subsection for property loss or 9
163-damage; and 10
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
164166
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
168168
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
172170
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
175172
176- (b) A conviction for a violation of § 7–104.1 OR § 8–801 of the Criminal Law 19
177-Article is not a prerequisite for maintenance of an action under subsection (a) of this section. 20
173+ (3) “Eligible incarcerated individual” means an incarcerated individual 19
174+who: 20
178175
179-Article – Correctional Services 21
176+ (ii) is serving a sentence for which the most serious offense is: 21
180177
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
182181
183- (a) (1) In this section the following words have the meanings indicated. 23
182+Article – Courts and Judicial Proceedings 25
184183
185- (3) “Eligible incarcerated individual” means an incarcerated individual 24
186-who: 25
184+4–301. 26
187185
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
189189
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
193192
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
195237
196238
197239
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
199242
200- (b) Except as provided in § 4–302 of this subtitle, the District Court also has 2
201-exclusive original jurisdiction in a criminal case in which a person at least 18 years old or 3
202-a corporation is charged with: 4
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
203246
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
205250
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
207253
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
209257
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
212261
213- (2) “CAREGIVER” HAS THE MEANING STAT ED IN § 3–604 OF THIS 10
214-ARTICLE. 11
262+ (I) IS SUBJECT TO IMPRIS ONMENT NOT EXCEEDING 1 YEAR OR 17
263+A FINE NOT EXCEEDING $500 OR BOTH; AND 18
215264
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
218268
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
221272
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
335282
336283
337284
338- (c) In a case in the circuit court in which the general form of indictment or 1
339-information is used to charge a defendant with a crime under this part, the defendant, on 2
340-timely demand, is entitled to a bill of particulars. 3
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
341288
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
345294
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
347297
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
349300
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
353303
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
356305
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
359309
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
362314
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
365318
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
368323
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
384328
385329
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
386333
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
392335
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
396337
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
398341
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
400344
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
402347
403- (2) “CAREGIVER” HAS THE MEANING STAT ED IN § 3–604 OF THIS 12
404-ARTICLE. 13
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
405350
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
407353
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
409356
410- (5) “FAMILY MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF THIS 16
411-ARTICLE. 17
357+ (1) the defendant has a legal, equitable, or possessory interest in the money 19
358+listed in the petition; and 20
412359
413- (6) “HOUSEHOLD MEMBER ” HAS THE MEANING STAT ED IN § 3–604 OF 18
414-THIS ARTICLE. 19
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
415362
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
417365
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
419368
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
424370
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
427372
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
432376
433377
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
434380
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
439384
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
444387
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.