SB 172 — AN ACT CONCERNING A STUDY OF CRIMINAL PENALTIES FOR ABUSE, ABANDONMENT AND FINANCIAL EXPLOITATION OF ELDERLY PERSONS, PERSONS WITH DISABILITIES OR CONSERVED PERSONS.

General Assembly SubstituteRaised Bill No.

172 February Session, 2022 ANLCO ACTNo. CONCERNING A STUDY OF CRIMINAL PENALTIES FOR ABUSE, ABANDONMENT AND FINANCIAL EXPLOITATION OF ELDERLY PERSONS, PERSONS WITH DISABILITIES OR CONSERVED PERSONS.

1442 Referred to Committee on AGING Introduced by:

(AGE) AN ACT CONCERNING CRIMINAL PENALTIES FOR ABUSE, ABANDONMENT AND FINANCIAL EXPLOITATION OF ELDERLY PERSONS, PERSONS WITH DISABILITIES OR CONSERVED PERSONS.

(EffectiveSubsection from passage) (a) Thereof issection established53a-123 aof taskthe forcegeneral tostatutes studyis criminalrepealed penaltiesandthefollowing forissubstituted abuse,inlieuthereof(EffectiveOctober abandonment1, 2022, and financialapplicable exploitationto ofcrimes elderlycommitted persons,on personsor withafter disabilitiesOctober or1, conserved2022): persons.

The(a) taskA forceperson shallis studyguilty suchof criminallarceny penalties in the state,second reviewdegree suchwhen penaltieshe incommits otherlarceny, statesas anddefined make recommendations concerning whether to modify such penalties in thesection state.53a-119, and:

(b)(1) The taskproperty forceconsists shallof consista motor vehicle, the value of which exceeds ten thousand dollars, (2) the followingvalue members:of the property or service exceeds ten thousand dollars, (3) the property, regardless of its nature or value, is taken from the person of another, (4) the property is obtained by defrauding a public community, and the value of such property is two thousand dollars or less, (5) the property, regardless of its nature or value, is obtained by [embezzlement, false pretenses or false promise] financial exploitation and the victim of such larceny is (A) sixty years of age or LCO No.

(1)1442 Two1 appointed by the speaker of the5 HouseRaised ofBill Representatives,No. one of whom is a representative of the Division of Criminal Justice and one of whom is a representative of the Connecticut Legal Rights Project;

(2)172 Twoolder, appointed[or byis] the(B) presidenta proconserved temporeperson, ofas thedefined Senate,in onesection of45a-644, whomor is[is blind or physically disabled, as defined in section 1-1f] (C) a representativeperson (i) with intellectual disability, as defined in section 1-1g, or (ii) physically disabled or diagnosed with a mental disability, as those terms are defined in section 46a-51, or (6) the property, regardless of Greaterits Hartfordvalue, Legalconsists Aidof wire, cable or other equipment used in the provision of telecommunications service and onethe taking of whomsuch isproperty acauses representativean interruption in the provision of Leadingemergency Agetelecommunications Connecticut;service.

(3)For Onepurposes appointedof bythis thesubsection, majority"financial leaderexploitation" ofmeans the Houseknowing, intentional withholding, transfer or disposal of Representatives,funds whoor isproperty, awithout representativeor ofin anexcess advocacyof grouplegal authority, for LCOwrongful \\PRDFS1\SCOUSERS\HOWROYDB\WS\2022SB-00172-R01profit ofor 3advantage, SB.docxby Substitutemeans Billincluding, No.but not limited to, fraud, duress or undue influence.

172Sec. elderly persons;

(4)2. One appointed by the majority leader of the Senate, who is a representative of a disability rights organization;

(5)Section One53a-321 appointedof by the minoritygeneral leaderstatutes ofis repealed and the Housefollowing ofis Representatives,substituted whoin islieu athereof representative(Effective ofOctober AARP1, Connecticut;2022, and applicable to crimes committed on or after October 1, 2022):

(6)(a) OneAs appointedused in this section and sections 53a-322 and 53a-323, as amended by this act, (1) "abuse" means the minoritywilful leaderinfliction of thephysical Senate,pain whoor ismental anguish, (2) "elderly person" means a representativeperson sixty years of theage Coalitionor forolder, Elderand Justice(3) "person with a disability" means a person (A) with intellectual disability, as defined in Connecticut;section 1-1g, or (B) physically disabled or diagnosed with a mental disability, as those terms are defined in section 46a-51.

(7)(b) TheA Stateperson Ombudsman,is appointedguilty pursuantof toabuse sectionin 17a-405the first degree when such person intentionally commits abuse of thean generalelderly statutes,[, blind or thedisabled Stateperson Ombudsman'sor designee;a person with intellectual disability] person or a person with a disability and causes serious physical injury or mental anguish to such elderly [, blind or disabled person or person with intellectual disability] person or person with a disability.

(8)[(b)] The(c) CommissionerAbuse ofin Socialthe Services,first ordegree theis commissioner'sa designee;class C felony.

andSec. (9) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to aging, or the chairpersons' designees.

(c)3. Any member of the task force appointed under subdivision (3), (4) or (9) of subsection (b) of this section may be a member of the General Assembly.

(d)Section All53a-322 initialof appointments to the taskgeneral forcestatutes shallis berepealed madeand notthe laterfollowing thanthirtyis daysaftersubstituted theeffectivein datelieu ofthisthereof section.Any(Effective vacancyOctober shall1, be2022, filledand byLCO theNo. appointing authority.

(e)The1442 speaker2 oftheHouse ofRepresentativesandthepresident pro tempore of the5 SenateRaised shallBill selectNo.172 theapplicable chairpersonsto ofcrimes thecommitted taskon forceor fromafter amongOctober the1, members2022): of the task force.

Such(a) chairpersonsA shallperson scheduleis thefirstguilty meetingof oftheabuse taskin force, whichshall beheld not later thansixty days after the effectivesecond datedegree ofwhen thissuch section.person:

(f)(1) TheIntentionally administrativecommits staffabuse of thean jointelderly standing[, committeeblind ofor thedisabled Generalperson Assemblyor havinga cognizanceperson with intellectual disability] person or a person with adisabilityandcausesphysicalinjurytosuch elderly [,blindordisabled person or person with intellectual disability] person or person with a disability, or (2) knowingly commits abuse of mattersan relatingelderly [, blind or disabled person or a person with intellectual disability] person or person with a disability and causes serious physical injury to agingsuch shallelderly serve[, asblind administrativeor staffdisabled ofperson theor taskperson force.with intellectual disability] person or person with a disability.

LCO(b) {\\PRDFS1\SCOUSERS\HOWROYDB\WS\2022SB-Abuse 2in ofthe 3second 00172-R01-SB.docxdegree }is Substitutea Billclass No.D felony.

172Sec. (g) Not later than January 1, 2023, the task force shall submit a report on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to aging and the judiciary, in accordance with the provisions of section 11-4a of the general statutes.

The4. task force shall terminate on the date that it submits such report or January 1, 2023, whichever is later.

Section 53a-323 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022, and applicable to crimes committed on or after October 1, 2022):

(a) A person is guilty of abuse in the third degree when such person (1) knowingly commits abuse of an elderly [, blind or disabled person or a person with intellectual disability] person or a person with a disability and causes physical injury to such elderly [, blind or disabled person or person with intellectual disability] person or person with a disability, or (2) recklessly commits abuse of [an elderly, blind or disabled person or a person with intellectual disability] such elderly person or person with a disability and causes physical injury to such elderly [, blind or disabled person or person with intellectual disability] person or person with a disability.

(b) Abuse in the third degree is a class A misdemeanor.

Sec.

5.

(NEW) (Effective October 1, 2022, and applicable to crimes committed on or after October 1, 2022) (a) As used in this section, (1) "abandonment" means the forgoing of duties or the withdrawal or neglect of duties and obligations owed by a caregiver to an elderly person or a person with a disability, including, but not limited to, a LCO No.

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172 failure to provide services that are necessary to maintain the physical and mental health of such person, (2) "caregiver" means a person who has the legal responsibility for the care of an elderly person or a person with a disability, by contract, law or an order of a court of competent jurisdiction, (3) "elderly person" and "person with a disability" have the same meanings as provided in section 53a-321 of the general statutes, as amended by this act, and (4) "services that are necessary to maintain physical and mental health" means the provision or procurement of (A) medical care for physical and mental health needs, and (B) assistance, as necessary, with personal hygiene, food, clothing and adequately heated and ventilated shelter.

(b) A caregiver is guilty of abandonment when such caregiver abandons an elderly person or a person with a disability in such caregiver'scare andsuchabandonment causesphysicalinjury or mental anguish to the elderly person or person with a disability.

(c) Abandonment is a class C felony.

Section 1 fromOctober passage1, New2022, sectionand AGE53a-123(a) Jointapplicable Favorableto Subst.crimes committed on or after October 1, 2022 Sec.

C/R2 JUDOctober LCO1, {\\PRDFS1\SCOUSERS\HOWROYDB\WS\2022SB-2022, 3and of53a-321 3applicable 00172-R01-SB.docxto }crimes committed on or after October 1, 2022 Sec.

3 October 1, 2022, and 53a-322 applicable to crimes committed on or after October 1, 2022 Sec.

4 October 1, 2022, and 53a-323 applicable to crimes committed on or after October 1, 2022 LCO No.

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