HOUSE OF REPRESENTATIVES	H.B. NO.	2192
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE ELDERLY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§708‑   Financial exploitation of an elder. (1)  A person commits the offense of financial exploitation of an elder if the person intentionally obtains or exerts control over the assets, money, or property of an elder, and the person:

(a) Breaches the person's fiduciary duty, resulting in the unauthorized appropriation, sale, or transfer of assets, money, or property; and

(b) Does so without authorization and with intent to deprive the elder of the assets, money, or property.

(2)  Financial exploitation of an elder is punishable as a:

(a) Misdemeanor if the value of the assets, money, or property is not greater than $500;

(b) Class C felony if the value of the assets, money, or property is $500 or more but less than $5,000;

(c) Class B felony if the value of the assets, money, or property is $5,000 or more but less than $10,000; and

(d) Class A felony if the value of the assets, money, or property is $10,000 or more.

(3)  As used in this section "elder" means any person sixty-two years of age or older."

     SECTION 2.  Section 706-660.2, Hawaii Revised Statutes, is amended to read as follows:

     "§706-660.2 Sentence of imprisonment for offenses against children, elder persons, or handicapped persons. (1)  Notwithstanding section 706-669, a person who is convicted of financial exploitation of an elder under section 708‑   , or who in the course of committing or attempting to commit a felony, causes the death or inflicts serious or substantial bodily injury upon a person, who is:

    [(1)] (a)  Sixty years of age or older;

    [(2)] (b)  Blind, a paraplegic, or a quadriplegic; or

    [(3)] (c)  Eight years of age or younger;

and such disability is known or reasonably should be known to the defendant, shall, if not subjected to an extended term of imprisonment pursuant to section 706-662, be sentenced to a mandatory minimum term of imprisonment without possibility of parole as [follows:] provided in subsection (2).

(2)  The mandatory minimum term of imprisonment that shall be imposed pursuant to this section shall be as follows:

    [(1)] (a)  For murder in the second degree--fifteen years;

    [(2)] (b)  For a class A felony--six years, eight months;

    [(3)] (c)  For a class B felony--three years, four months; or

    [(4)] (d)  For a class C felony--one year, eight months."

     SECTION 3.  This part does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

PART II

     SECTION 4.  Section 327E-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity.  The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions.  Unless related to the principal by blood, marriage, civil union, or adoption, an agent may not be an owner, operator, or employee of the health-care institution at which the principal is receiving care.  The power shall be in writing, contain the date of its execution, be signed by the principal, and be witnessed by one of the following methods:

     (1)  Signed by at least two individuals[,] unrelated by blood, marriage, civil union, or adoption, each of whom witnessed either the signing of the instrument by the principal or the principal's acknowledgment of the signature of the instrument; or

     (2)  Acknowledged before a notary public at any place within this State."

     SECTION 5.  Section 412:3-114.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  Suspected financial abuse shall be reported immediately to the adult protective services of the department and the appropriate county police department initially by telephone and then by written report sent by electronic mail within five business days[.] after the initial report, to the department and the appropriate county police department.

     (c)  Upon notification by a financial institution of suspected financial abuse, the department, in a timely manner, shall determine whether the department has jurisdiction over the elder involved; and if not, shall notify the financial institution[, which shall then notify the proper local law enforcement agency and the appropriate county police department immediately by telephone and forward the written report to the agency within three business days.  A financial institution shall not be liable for failing to report suspected financial abuse to a local law enforcement agency in cases in which the department fails to notify the institution of the department's lack of jurisdiction.] and the appropriate county police department immediately by telephone and by electronic mail."

PART III

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.

Report Title:

Financial Exploitation of Dependent Elder

Description:

Creates the crime of financial exploitation of an elder and provides enhanced penalties.  Requires two signatures of unrelated persons as witnesses to the execution of a power of attorney for health care.  Requires financial institutions to report suspected financial abuse to the adult protective services of the Department of Human Services and the appropriate county police department.  Effective July 1, 2050.  (HD2192 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.