HB1148112th GA (Historical)Introduced

Amends TCA Title 39, Chapter 15, Part 5; Title 45, Chapter 2, Part 12 and Title 71, Chapter 6.

Generally under present law, a person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation is required to report such neglect or financial exploitation to adult protective services. Also, a person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape, rape, aggravated sexual battery, or sexual battery is required to report the conduct to adult protective services and to the local law enforcement agency in the jurisdiction where the offense occurred. Present law provides that: (1) A person who fails to make reasonable efforts to make a report required by the provisions above or the present law provisions governing programs and services for abused persons commits a Class A misdemeanor; and (2) The reporting of abuse to adult protective services provision does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee's employment except as provided by the Elderly and Vulnerable Adult Financial Exploitation Prevention Act. This bill deletes the reporting exemption described above, thereby requiring such persons to report suspected abuse as described above. This bill also adds, in regard to failing to report as described above in (1) that it is not a violation if a financial service provider acts in compliance with the present law provision, under the Elderly and Vulnerable Adult Financial Exploitation Prevention Act, whereby a financial service provider who has reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted, may refuse or delay a financial transaction due to that suspicion.

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Overview

Generally under present law, a person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation is required to report such neglect or financial exploitation to adult protective services. Also, a person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape, rape, aggravated sexual battery, or sexual battery is required to report the conduct to adult protective services and to the local law enforcement agency in the jurisdiction where the offense occurred. Present law provides that: (1) A person who fails to make reasonable efforts to make a report required by the provisions above or the present law provisions governing programs and services for abused persons commits a Class A misdemeanor; and (2) The reporting of abuse to adult protective services provision does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee's employment except as provided by the Elderly and Vulnerable Adult Financial Exploitation Prevention Act. This bill deletes the reporting exemption described above, thereby requiring such persons to report suspected abuse as described above. This bill also adds, in regard to failing to report as described above in (1) that it is not a violation if a financial service provider acts in compliance with the present law provision, under the Elderly and Vulnerable Adult Financial Exploitation Prevention Act, whereby a financial service provider who has reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted, may refuse or delay a financial transaction due to that suspicion.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
15363820

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HB1148: Amends TCA Title 39, Chapter 15, Part 5; Title 45, Chapter 2, Part 12 and Title 71, Chapter 6. | LegisGo