Protecting Alabama's Elders Act

2013 Code of Alabama
Title 38 - PUBLIC WELFARE.
Chapter 9E - Protecting Alabama's Elders Act.
Section 38-9E-1 - Short title.

 Universal Citation: AL Code § 38-9E-1 (2013)

Section 38-9E-1

Short title.

This chapter shall be known and may be cited as the Protecting Alabama's Elders Act.

(Act 2013-307, §1.)

Section 38-9E-2 - Definitions.

Universal Citation: AL Code § 38-9E-2 (2013)

Section 38-9E-2

Definitions.

For purposes of this chapter, the following terms shall have the following meanings:

(1) CAREGIVER. An individual who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.

(2) DECEPTION. Deception occurs when a person knowingly:

a. Creates or confirms another's impression which is false and which the defendant does not believe to be true.

b. Fails to correct a false impression which the defendant previously has created or confirmed.

c. Fails to correct a false impression when the defendant is under a duty to do so.

d. Prevents another from acquiring information pertinent to the disposition of the property involved.

e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is not a matter of official record.

f. Promises performance which the defendant does not intend to perform or knows will not be performed.

(3) ELDERLY PERSON. A person 60 years of age or older.

(4) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person.

(5) FINANCIAL EXPLOITATION. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person's property with the intent to deprive the elderly person of his or her property or the breach of a fiduciary duty to an elderly person by the person's guardian, conservator, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of the elderly person's property.

(6) INTIMIDATION. A threat of physical or emotional harm to an elderly person, or the communication to an elderly person that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.

(7) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an elderly person.

(8) PERSON. A human being.

(9) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an elderly person is prevented from exercising free judgment and choice.

(Act 2013-307, §2.)

Section 38-9E-3 - Elder abuse and neglect - First degree.

Universal Citation: AL Code § 38-9E-3 (2013)

Section 38-9E-3

Elder abuse and neglect - First degree.

(a) A person commits the crime of elder abuse and neglect in the first degree if he or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(b) Elder abuse and neglect in the first degree is a Class A felony.

(Act 2013-307, §3.)

Section 38-9E-4 - Elder abuse and neglect - Second degree.

Universal Citation: AL Code § 38-9E-4 (2013)

Section 38-9E-4

Elder abuse and neglect - Second degree.

(a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:

(1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.

(2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.

(b) Elder abuse and neglect in the second degree is a Class B felony.

(Act 2013-307, §4.)

Section 38-9E-5 - Elder abuse and neglect - Third degree.

Universal Citation: AL Code § 38-9E-5 (2013)

Section 38-9E-5

Elder abuse and neglect - Third degree.

(a) A person commits the crime of elder abuse and neglect in the third degree if he or she does any of the following:

(1) Recklessly abuses or neglects any elderly person and the abuse or neglect causes physical injury.

(2) Recklessly emotionally abuses any elderly person.

(b) Elder abuse and neglect in the third degree is a Class A misdemeanor.

(Act 2013-307, §5.)

Section 38-9E-6 - Financial exploitation of an elderly person - First degree.

Universal Citation: AL Code § 38-9E-6 (2013)

Section 38-9E-6

Financial exploitation of an elderly person - First degree.

(a) The financial exploitation of an elderly person in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the first degree.

(b) Financial exploitation of an elderly person in the first degree is a Class B felony.

(Act 2013-307, §6.)

Section 38-9E-7 - Financial exploitation of an elderly person - Second degree.

Universal Citation: AL Code § 38-9E-7 (2013)

Section 38-9E-7

Financial exploitation of an elderly person - Second degree.

(a) The financial exploitation of an elderly person in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the second degree.

(b) Financial exploitation of an elderly person in the second degree is a Class C felony.

(Act 2013-307, §7.)

Section 38-9E-8 - Financial exploitation of an elderly person - Third degree

Universal Citation: AL Code § 38-9E-8 (2013)

Section 38-9E-8

Financial exploitation of an elderly person - Third degree

(a) The financial exploitation of an elderly person in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of the elderly person in the third degree.

(b) Financial exploitation of an elderly person in the third degree is a Class A misdemeanor.

(Act 2013-307, §8.)

Section 38-9E-9 - Financial exploitation of an elderly person - Prosecution.

Universal Citation: AL Code § 38-9E-9 (2013)

Section 38-9E-9

Financial exploitation of an elderly person - Prosecution.

(a) In any prosecution brought for financial exploitation of an elderly person, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the financial exploitation.

(b) Any prosecution brought for financial exploitation of an elderly person shall be commenced within seven years after the commission of the offense.

(c) It shall not be a defense to financial exploitation of an elderly person that the accused reasonably believed that the victim was not an elderly person.

(Act 2013-307, §9.)

Section 38-9E-10 - Liability of persons reporting or investigating violations.

Universal Citation: AL Code § 38-9E-10 (2013)

Section 38-9E-10

Liability of persons reporting or investigating violations.

Any person or entity acting pursuant to this chapter in reporting or investigating any report of abuse, neglect, or financial exploitation of an elderly person, or participating in a judicial proceeding resulting therefrom, shall be immune from any civil liability that might otherwise be incurred or imposed as a result of the report, investigation, or participation, unless the person or entity acted recklessly, in bad faith, or with malicious purpose.

(Act 2013-307, §10.)

Section 38-9E-11 - Remedies.

Universal Citation: AL Code § 38-9E-11 (2013)

Section 38-9E-11

Remedies.

Nothing in this chapter shall be construed to limit the remedies available to the victim pursuant to any state law relating to domestic violence, the Adult Protective Services Act of 1976, or any other applicable law.

(Act 2013-307, §11.)

Section 38-9E-12 - Liability of physicians.

Universal Citation: AL Code § 38-9E-12 (2013)

Section 38-9E-12

Liability of physicians.

No physician, as defined under Section 34-24-50.1, who is licensed to practice medicine in this state, shall be subject to Sections 38-9E-3, 38-9E-4, and 38-9E-5 for any acts or omissions constituting the practice of medicine.

(Act 2013-307, §12.)