‘An Act To Protect Vulnerable Adults from Exploitation’
| HP0346 LD 527 |
Session - 126th Maine Legislature C "A", Filing Number H-189, Sponsored by
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LR 1428 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Protect Vulnerable Adults from Exploitation’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 17-A MRSA §109, sub-§3, ¶B, as enacted by PL 1981, c. 324, §27, is amended to read:
Sec. 2. 17-A MRSA §109, sub-§3, ¶C, as enacted by PL 1981, c. 324, §27, is amended to read:
Sec. 3. 17-A MRSA §109, sub-§4 is enacted to read:
Sec. 4. 17-A MRSA §361-A, sub-§3 is enacted to read:
Sec. 5. 17-A MRSA §903, as enacted by PL 1975, c. 499, §1, is amended to read:
§ 903. Misuse of entrusted property
If the value of the property is more than $1,000 but not more than $10,000, the misuse of entrusted property is a Class C crime; and
If the value of the property is more than $10,000, the misuse of entrusted property is a Class B crime.
As used in this subsection, "vulnerable person" means an incapacitated adult as defined in Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 3472, subsection 6.’
SUMMARY
This amendment replaces the bill and does the following.
1. Current law provides that consent is not a defense against a charge involving a crime against the person or property of another if the consent is given by a person who for certain reasons, including mental illness or defect, is unable to make a reasonable judgment regarding the conduct that constitutes the crime. This amendment includes physical illness among these reasons and clarifies that mental illness or defect includes dementia and other cognitive impairments.
2. It creates a permissible inference under the Maine Rules of Evidence, Rule 303 that a defendant exercised unauthorized control of a property with the intent to deprive a person of that property if there is proof that the defendant possessed or controlled the property of a person who, by reason of physical illness or mental illness or defect, is manifestly unable or known by the defendant to be unable to make a reasonable judgment with respect to the disposition of that property or there is proof that the defendant obtained possession or control of the property by undue influence.
3. It defines "undue influence" to mean the misuse of real or apparent authority or the use of manipulation by a person in a trusting, confidential or fiduciary relationship with an incapacitated adult or a dependent adult who is wholly or partially dependent upon that person or others for care or support.
4. It provides that a person who is guilty of misuse of entrusted property against a vulnerable person commits a Class C crime if the property is valued at more than $1,000 but not more than $10,000 and commits a Class B crime if the property is valued at more than $10,000.
5. It defines "vulnerable person" to mean an incapacitated adult as defined in the Maine Revised Statutes, Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 3472, subsection 6.