HB315: Incapacitated persons; expands class of victims of crime of financial exploitation.
HOUSE BILL NO. 315
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-178.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.35 as follows:
§ 18.2-178.1. Financial exploitation of incapacitated persons; penalty.
A. It is unlawful for any person who knows or should know that
another person suffers from mental an incapacity to, through the
use of that other person's mental
incapacity, take, obtain, or convert money or other thing of value belonging to
that other person with the intent to permanently deprive him thereof. Any
person who violates this section shall be deemed is guilty
of larceny a
Class 3 felony.
B. Venue for the trial of an accused charged with a violation of this section shall be in any county or city in which (i) any act was performed in furtherance of the offense or (ii) the accused resided at the time of the offense.
C. This section shall not apply to a transaction or
disposition of money or other thing of value in which the accused acted for the
benefit of the incapacitated
person with mental incapacity or made
a good faith effort to assist such person with the management of his money or
other thing of value.
D. As used in this section, "mental incapacity"
means that condition of a person existing at the time of the offense described
in subsection A resulting from mental
illness, intellectual disability, physical illness or disability, advanced age,
or other cause that prevents him from understanding the
nature or consequences of the transaction or disposition of money or other
thing of value involved in such offense.
§ 19.2-386.35. Seizure and forfeiture of property used in connection with the financial exploitation of incapacitated persons.
All vehicles, tools, machinery, equipment, and other personal property used in connection with the financial exploitation of incapacitated persons that constitutes a violation of § 18.2-178.1 shall be subject to lawful seizure by a law-enforcement officer and shall be subject to forfeiture to the Commonwealth pursuant to Chapter 22.1 (§ 19.2-386.1 et seq.) by order of the court in which a conviction under § 18.2-178.1 is obtained.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 806 of the Acts of Assembly of 2013 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.