The implications of SB118 on state laws involve the establishment of clear definitions and penalties for crimes against vulnerable adults. This includes defining financial exploitation actions and setting criminal penalties that range from third-degree felonies for first offenses to second-degree felonies for repeat offenders. By doing so, it seeks to fill gaps in existing laws and provide clearer avenues for prosecution and accountability in cases of financial exploitation, which could encourage victims or witnesses to come forward.
Summary
Senate Bill 118, known as the Financial Crimes Against Adults Who Are Vulnerable or Disabled Act, seeks to specifically protect vulnerable and disabled adults from financial exploitation. It defines what constitutes a vulnerable or disabled adult and outlines the fiduciary responsibilities of those managing their financial affairs. The bill enacts specific crimes, including financial exploitation and unlawful use of power of attorney, emphasizing the intent to protect those who are less capable of defending their own financial interests due to mental or physical impairments.
Contention
In discussions surrounding the bill, points of contention may arise particularly regarding the implementation of penalties and the classification of vulnerable individuals. Critics may argue about the definitions and the impacts these definitions could have on personal autonomy and legal proceedings. There is also a focus on ensuring that the enforcement of these laws does not inadvertently criminalize actions of families or caregivers who might be helping vulnerable adults manage their affairs, thus raising questions about the balance between protection and personal freedoms.
Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties.