Incapacitated persons; expands class of victims of crime of financial exploitation. (HB315)

Introduced By

Del. Kaye Kory (D-Falls Church) with support from co-patron Del. Sam Rasoul (D-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Financial exploitation of incapacitated persons. Expands the class of victims of the crime of financial exploitation of mentally incapacitated persons to include persons incapacitated due to physical illness or disability, advanced age, or other causes. Currently, victims must suffer from a mental incapacity. The bill also increases the penalty for financial exploitation of incapacitated persons to a Class 3 felony. The bill also allows for forfeiture of personal property used in connection with the crime. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/02/2014Committee
01/02/2014Prefiled and ordered printed; offered 01/08/14 14100359D
01/02/2014Referred to Committee for Courts of Justice
01/07/2014Impact statement from VCSC (HB315)
01/20/2014Impact statement from DPB (HB315)
01/23/2014Impact statement from DPB (HB315)
02/12/2014Left in Courts of Justice

Comments

spotter writes:

This sounds like a good clarification of existing law.

The General Assembly should review how many people are actually charged under this law, since financial exploitation of the elderly is rampant.

In a recent Virginia Beach case, an eligibility worker with the Virginia Beach Department of Human Services scammed an elderly lady out of a large sum of money when the lady filed an application for Medicaid benefits for her husband, who was ill and in a nursing facility.

This Virginia Beach Department of Human Services eligibility worker had a prior criminal record of three felony embezzlement convictions while employed as a social worker with nearby Northampton County Department of Social Services.

Nonetheless, after this social worker had finished serving time for these three felony convictions, the Virginia Beach Department of Human Services hired her, no questions asked, allowing her access to the complete financial information of its most vulnerable elderly and disabled citizens.

http://hamptonroads.com/2013/08/virginia-beach-worker-has-prior-similar-felonies

The reckless attitude of the Virginia Beach Department of Human Services toward the rights, safety, and best interests of its vulnerable clients is further exemplified by the additional cases of Braxton Taylor and Scott Schuett. Please google these names for more information on the appalling practices of this runaway agency.

Ruth McGuire writes:

Please pass this law. There are way to many predators taking advantage of the elderly. Punish the people in the agency who couldn't be bothered to do a background check as well.