Reprinted

February 20, 2001





HOUSE BILL No. 2111

_____


DIGEST OF HB 2111 (Updated February 19, 2001 4:38 PM - DI 69)



Citations Affected: IC 35-46; noncode.

Synopsis: Exploitation of endangered adult or dependent. Raises the offense of exploitation of a dependent or an endangered adult from a Class A misdemeanor to a Class D felony if the fair market value of the personal services or property involved in the offense is more than $10,000, or if the fair market value of the personal services or property is more than $1,000 and the endangered adult or dependent is at least 60 years of age. Raises the offense of financial exploitation of an endangered adult or a dependent from a Class A misdemeanor to a Class D felony if the amount of the proceeds involved in the offense is more than $10,000, or if the amount of the proceeds is more than $1,000 and the endangered adult or dependent is at least 60 years of age. Provides for certain defenses.

Effective: July 1, 2001.





Klinker, Foley, Day, Scholer




    January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.
    February 14, 2001, amended, reported _ Do Pass.
    February 19, 2001, read second time, amended, ordered engrossed.







Reprinted

February 20, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 2111



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-46-1-12; (01)HB2111.2.1. -->     SECTION 1. IC 35-46-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) Except as provided in subsection (b), a person who recklessly, knowingly, or intentionally exerts unauthorized use of the personal services or the property of:
        (1) an endangered adult; or
        (2) a dependent eighteen (18) years of age or older;
for one's the person's own profit or advantage or for the profit or advantage of another person commits exploitation of a dependent or an endangered adult, a Class A misdemeanor.
    (b) The offense described in subsection (a) is a Class D felony:
        (1) if the fair market value of the personal services or property is more than ten thousand dollars ($10,000); or
        (2) if:
            (A) the fair market value of the personal services or property is more than one thousand dollars ($1,000);
            and
            (B) the endangered adult or dependent is at least sixty (60) years of age.
    (c) Except as provided in subsection (d),
a person who recklessly, knowingly, or intentionally deprives an endangered adult or a dependent of the proceeds of the endangered adult's or the dependent's benefits under the Social Security Act or other retirement program that the division of family and children or county office of family and children has budgeted for the endangered adult's or dependent's health care commits financial exploitation of an endangered adult or a dependent, a Class A misdemeanor.
    (d) The offense described in subsection (c) is a Class D felony:
        (1) if the amount of the proceeds is more than ten thousand dollars ($10,000); or
        (2) if:
            (A) the amount of the proceeds is more than one thousand dollars ($1,000); and
            (B) the endangered adult or dependent is at least sixty (60) years of age.
    (e) It is not a defense to an offense committed under subsection (b)(2) or (d)(2) that the accused person reasonably believed that the endangered adult or dependent was less than sixty (60) years of age at the time of the offense.

     (f) It is a defense to an offense committed under subsection (a), (b), or (c), if the accused person:
        (1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of endangered adult or dependant; and
        (2) the accused person was acting within the scope of the accused person's fiduciary responsibility
.
SOURCE: ; (01)HB2111.2.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2001] IC 35-46-1-12, as amended by this act, applies only to crimes committed after June 30, 2001.