Bill Text: AZ SB1263 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Financial abuse of elders; reports
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-30 - Referred to Senate JUD Committee [SB1263 Detail]
Download: Arizona-2014-SB1263-Introduced.html
|
REFERENCE TITLE: financial abuse of elders; reports |
|
State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
|
|
SB 1263 |
|
|
|
Introduced by Senators Farley, Dalessandro, Tovar; Representatives Orr, Steele: Senator Ward; Representatives Brophy McGee, Gray
|
AN ACT
amending title 6, Arizona Revised Statutes, by adding chapter 18; relating to financial institution mandatory reporting.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 6, Arizona Revised Statutes, is amended by adding chapter 18, to read:
CHAPTER 18
FINANCIAL INSTITUTION MANDATORY REPORTING
ARTICLE 1. GENERAL PROVISIONS
6-1801. Definitions
In this chapter, unless the context otherwise requires:
1. "Elder" means a person who is at least sixty-two years of age.
2. "Financial abuse" means financial abuse or economic exploitation.
6-1802. Mandatory reporting of suspected financial abuse of an elder; law enforcement; immunity
A. A financial institution shall report to a local law enforcement agency suspected financial abuse that is directed towards, targets or is committed against an elder if, in connection with providing financial services to the elder, both of the following apply:
1. The officer or employee of a financial institution has direct contact with the elder or reviews or approves the elder's financial documents, records or transactions.
2. Either of the following applies:
(a) The officer or employee, within the scope of employment or professional practice, Observes or has knowledge of an incident that the officer or employee believes in good faith to be financial abuse.
(b) If the officer or employer does not have direct contact with the elder, the officer or employer has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record or transaction.
B. A financial institution shall immediately report suspected financial abuse of an elder to a local law enforcement agency by telephone and by written report sent within five business days.
C. Notwithstanding any other law, any person, including the financial institution, that participates in the making of a report pursuant to this section and that believes, in good faith, that the action is warranted by facts known to that person is immune from any liability, civil or criminal, that might otherwise be incurred or imposed by or as a result of the making of the report. Any person making the report has the same immunity with respect to participation in any judicial proceeding resulting from the report.
