Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB838

Introduced
4/4/23  

Caption

In theft and related offenses, further providing for the offense of financial exploitation of an older adult or care-dependent person and providing for the offense of financial exploitation of a family or household member and for civil causes of action in cases of financial exploitation; and imposing penalties.

Impact

The bill creates a more robust legal framework to protect vulnerable populations from financial abuse. It categorizes offenses based on the financial amounts involved, differentiating between felonies and misdemeanors, thereby enhancing penalties for severe cases of exploitation. This legislative update is intended to deter potential offenders and provide victims with clearer pathways to justice through civil litigation, complementing existing criminal procedures. By mandating significant penalties, it targets those who exploit individuals in vulnerable situations, aiming to reduce occurrences of such offenses.

Summary

House Bill 838 aims to amend Title 18 of the Pennsylvania Consolidated Statutes concerning theft and related offenses, specifically addressing financial exploitation of older adults or care-dependent individuals, as well as safeguarding family or household members. The legislation broadens the definition of financial exploitation, outlining specific actions that constitute the offense and increasing the associated penalties based on the amount of financial loss incurred. Notably, it introduces civil causes of action for victims, allowing them to seek damages in cases of exploitation.

Sentiment

The sentiment around HB 838 reflects a strong commitment to enhancing protections for older adults and care-dependent individuals. Supporters, including various advocacy groups for the elderly, view the bill positively, emphasizing the necessity of legal frameworks that address and punish exploitation. On the other hand, concerns may arise regarding the enforcement of the legislation and the potential for unintended consequences, particularly in low-income households where financial dependencies are complicated. Overall, the sentiment is largely favorable, emphasizing the importance of safeguarding vulnerable individuals against financial malpractice.

Contention

While the bill has garnered support for its protective measures, there could be contention regarding the definitions and parameters set for financial exploitation. Critics may argue that the broad categorizations could inadvertently criminalize innocent behavior or create obstacles for families dealing with complex financial situations. The balance between protection and overreach is likely to be a point of discussion among lawmakers and stakeholders, particularly regarding how these measures will be enforced and who will bear the burden of proof in civil suits.

Companion Bills

No companion bills found.

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