Bill Text: HI HB2220 | 2020 | Regular Session | Amended

Hawaii House Bill 2220 (Prior Session Legislation)

Bill Title: Relating To The Elderly.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB2220 Detail]

Download: Hawaii-2020-HB2220-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2220
THIRTIETH LEGISLATURE, 2020		H.D. 2
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. The legislature finds that Hawaii's elderly population is growing in size and that financial exploitation of elderly persons is on the rise. The legislature also finds that it is important to respect elders or kupuna, who have contributed their hard work, knowledge, and wisdom to society. Therefore, in keeping with these values, it is essential that elders be honored by protecting them from financial exploitation and abuse.

The purpose of this Act is to prevent and deter financial exploitation and abuse of elders by creating the offense of financial exploitation of an elder, providing enhanced penalties for those convicted of the offense, and requiring financial institutions to report instances of suspected financial abuse of an elder directly to the police and report suspected financial abuse to the department of human services under certain circumstances.

SECTION 2. 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; the person recklessly disregards the risk that the individual is an elder; and the person:

(a) Breaches their fiduciary duty to the elder, resulting in the unauthorized appropriation, sale, or transfer of assets, money, or property of the elder; or

(b) Intends to deprive the elder of assets, money, or property without authorization.

(2) Financial exploitation of an elder is a:

(a) Misdemeanor if the value of the financially exploited assets, money, or property is not greater than $750;

(b) Class C felony if the value of the financially exploited assets, money, or property is $750 or more but less than $5,000;

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

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

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

SECTION 3. Section 706-660.2, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:

"(1) Notwithstanding section 706-669, if not subjected to an extended term of imprisonment pursuant to section 706-662, a person shall be sentenced to a mandatory minimum term of imprisonment without possibility of parole as provided in subsection (2) if:

(a) The person[,]:

(i) Who in the course of committing or attempting to commit a felony, causes the death or inflicts serious or substantial bodily injury upon another person who is:

[~~(i)~~] (A) [~~Sixty~~] years of age or older;

[~~(ii)~~] (B) Blind, a paraplegic, or a quadriplegic; or

[~~(iii)~~] (C) Eight years of age or younger; [~~and~~] or

(ii) Has been convicted of financial exploitation of an elder under section 708‑ ; and

(b) Such disability is known or reasonably should be known to the defendant.

(2) The term of imprisonment for a person sentenced pursuant to subsection (1) shall be as follows:

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

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

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

PART II

SECTION 4. Section 412:3-114.5, Hawaii Revised Statutes, is amended to read as follows:

"§412:3-114.5 Mandatory reporting of suspected financial abuse of an elder. (a) A financial institution shall report suspected financial abuse that is directed towards, targets, or is committed against an elder to the [~~department of human services and the~~] appropriate county police department and may report suspected financial abuse to the department, if:

(1) In connection with providing financial services to the elder, the officer or employee of a financial institution:

(A) Has direct contact with the elder; or

(B) Reviews or approves the elder's financial documents, records, or transactions; and

(2) The officer or employee, within the scope of employment or professional practice:

(A) Observes or has knowledge of an incident the officer or employee believes in good faith appears to be financial abuse; or

(B) In the case of officers or employers who do not have direct contact with the elder, 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) Suspected financial abuse shall be reported by telephone [~~, facsimile,~~] or electronic device, immediately or as soon as practicably possible, to the [~~department and the~~] appropriate county police department[.]; provided that suspected financial abuse may be reported to the 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 proceed in accordance with chapter 346.

~~(d) Upon notification by a financial institution of suspected financial abuse, the county police department, in a timely manner, shall proceed with a criminal investigation.~~]

(c) The department shall inform the appropriate county police department of all reports received by the department regarding a case of financial abuse; provided that the name of the person who reported the case of financial abuse shall be released to the appropriate county police department pursuant only to court order or the person's consent.

(d) The department shall inform the appropriate county police department or office of the prosecuting attorney of any relevant information concerning a case of financial abuse when the information is required by the county police department or the office of the prosecuting attorney for the investigation or prosecution of that case; provided that the name of the person who reported the case of financial abuse shall be released to the county police department or the office of the prosecuting attorney pursuant only to court order or the person's consent.

(e) Notwithstanding any other state law to the contrary, including but not limited to laws concerning confidentiality, any person, including a financial institution, who:

(1) Participates in the making of a report pursuant to this section; and

(2) Believes, in good faith, that the action is warranted by facts known to that person,

shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of the report. Any person making the report shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

(f) For the purposes of this section:

"Department" means the department of human services.

"Elder" means a person who is [~~sixty-two~~] years of age or older.

"Financial abuse" means to wrongfully take, appropriate, obtain, or retain, or assist in taking, appropriating, obtaining, or retaining, real or personal property of an elder by any means, including undue influence, or with intent to defraud the elder."

PART III

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

SECTION 7. This Act shall take effect on December 31, 2059.

Report Title:

Elderly; Financial Exploitation; Mandatory Reporting; Penal Code

Description:

Establishes the offense of financial exploitation of an elder and provides enhanced penalties. Amends mandatory reporting requirements for suspected financial abuse of an elder. Requires DHS to share records with the appropriate county police departments or offices of the prosecuting attorney. Effective 12/31/2059. (HD2)

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