Amendment No. 169

 

Assembly Amendment to Assembly Bill No. 126                                                                (BDR 15‑879)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, by deleting lines 6 through 9 and inserting:

     “2.  Exploitation” means any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to [obtain] :

     (a) Obtain control, through”.

     Amend section 1, page 2, line 13, by deleting “property. As” and inserting:

“property [.] ; or

     (b) Convert, money, assets or property of the older person with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property.

FLUSH

 
As”.

     Amend section 1, page 2, line 14, by deleting “ [subsection,] paragraph,” and inserting “subsection,”.

     Amend section 1, page 2 by deleting lines 16 through 24.

     Amend sec. 2, page 3, by deleting lines 35 through 39 and inserting:

     “(b) ”Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to [obtain] :

          (1) Obtain control, through deception, intimidation”.

     Amend sec. 2, page 3, line 43, by deleting “property. As” and inserting:

“property [.] ; or

          (2) Convert, money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property.

FLUSH

 
As”.

     Amend sec. 2, page 3, line 44, by deleting “ [paragraph,] subparagraph,” and inserting “paragraph,”.

     Amend sec. 2, page 4, by deleting lines 3 through 12.

     Amend the title of the bill to read as follows:

“AN ACT relating to exploitation; revising the definition of “exploitation” for the purposes of certain provisions concerning the abuse of an older person to include converting money, assets or property of the older person under certain circumstances; revising the definition of “exploitation” for the purposes of certain provisions concerning civil liability of a person for exploiting an older person or vulnerable person to include converting money, assets or property of the older or vulnerable person under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.