Bill > A919

Introduced Session

This bill creates the new offense of theft by financial exploitation of vulnerable person. Under the bill, an actor commits this offense when, being in a position of trust in relation to a senior citizen or a person with a disability, he commits a theft offense against that person. The bill amends N.J.S.A.2C:20-1 to define a senior citizen as a person 62 years of age or older. A "person with a disability" means a person who by reason of a pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, a person determined to be disabled pursuant to Title II or XVI of the Social Security Act (42 U.S.C.ss.401-433 or 42 U.S.C.ss.1381-1383), or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility. Further, a "person in a position of trust" means a person who: (a) is the parent, spouse, adult child, or other relative by blood or affinity of a senior citizen or person with a disability; or (b) is a joint tenant or tenant in common with a senior citizen or person with a disability; or (c) has a fiduciary obligation to a senior citizen or person with a disability; or (d) receives monetary or other valuable consideration for providing care for a senior citizen or person with a disability; or (e) lives with or provides some component of home care services on a continuing basis to a senior citizen or person with a disability including, but not limited to, a neighbor or friend who does not provide such services on a compensated basis but has access to a senior citizen or person with a disability based on such relationship. The bill provides that theft by financial exploitation of a vulnerable person shall be graded as a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly persons offense. Otherwise, it is a crime one degree higher than the most serious underlying theft offense.

AI Summary

Committee Categories

Daniel Benson (D)*,  BettyLou DeCroce (R)*,  DiAnne Gove (R)*,  Brian Rumpf (R)*,  Aura Dunn (R),  Nancy Muñoz (R),  Cleopatra Tucker (D), 

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/14/2020)

Official Document