Bill > H1635

This bill aims to enhance the penalties for property crimes against elderly or disabled persons. The key provisions are: 1. It creates a new offense of "unlawful possession of property" if someone, without the owner's consent, obtains possession or control over property worth more than $1,000 from a person 60 years or older or with a disability. The punishment includes imprisonment of up to 5 years or a fine of up to $25,000, or both. If the property is an interest in real estate, the punishment can be up to 10 years in prison or a fine of up to $50,000. 2. The court can order restitution to the victim regardless of the property value. 3. If the owner has a "caretaker" (defined as a person responsible for the care of an elder or disabled person), the owner's consent to transfer the property is not considered voluntary unless witnessed in writing by the caretaker. The caretaker cannot witness the consent if they stand to benefit from the transfer. 4. Lack of knowledge that the owner has a caretaker is not a defense against prosecution under this law. The purpose of this bill is to better protect the property rights of elderly and disabled individuals from exploitation.

Justice

https://malegislature.gov/Bills/193/H1635