Bill
Bill > S3344
NJ S3344
NJ S3344Requires financial institutions to release records to adult protective services when suspecting fraud of vulnerable adult or senior customer; allows adult protective services to release same records to law enforcement agency if necessary.
summary
Introduced
01/12/2021
01/12/2021
In Committee
05/06/2021
05/06/2021
Crossed Over
Passed
Dead
01/11/2022
01/11/2022
Introduced Session
2020-2021 Regular Session
Bill Summary
This bill amends section 3 of P.L.1998, c.121 to require financial institutions to release financial records regarding a customer's account to a county adult protective services provider when suspecting fraud of a vulnerable adult or senior customer. Under the bill, the adult protective services provider is then authorized to release the same records to a law enforcement agency, if deemed necessary. Under the existing law, a financial institution is authorized, but not required, to release financial records regarding a customer's account to a law enforcement agency, a county adult protective services provider, or both under the same circumstances. As such, this bill mandates financial institutions to release such records and provides that adult protective services is the first point of contact. As defined under the existing law, a "senior customer" means a natural person, who, to the financial institution acting in good faith, appears to be at least 60 years of age, who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person's name. A "vulnerable customer" means a natural person, who is at least 18 years of age, resides in a community setting, and, to a financial institution acting in good faith, appears to have a physical or mental illness, disability or deficiency, or lacks a sufficient understanding of, and the capacity to make, communicate or carry out decisions concerning, the management of the customer's savings or resources, who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person's name.
AI Summary
This bill amends existing law to require financial institutions to release financial records to adult protective services when suspecting fraud of a vulnerable adult or senior customer. Under the bill, adult protective services can then release those records to law enforcement if deemed necessary. The existing law only authorized, but did not require, financial institutions to release such records to adult protective services or law enforcement. The bill defines "senior customer" as a person who appears to be at least 60 years old, and "vulnerable customer" as a person at least 18 years old who has a physical or mental illness, disability, or lacks the capacity to manage their finances, based on the financial institution's good-faith assessment.
Committee Categories
Health and Social Services
Sponsors (3)
Last Action
Reported from Senate Committee with Amendments, 2nd Reading (on 05/06/2021)
Official Document
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