AB 44

Sexual assault of an elder person

Under this bill, any act of sexual misconduct that is currently a second degree

sexual assault is a first degree sexual assault if the victim is 60 years of age or older.

Under current law, if a person engages in any of the specified acts of sexual

misconduct, he or she is guilty of a Class C felony. Under the bill, he or she is guilty

of a Class B felony if the victim is 60 years of age or older, whether or not he or she

knew the victim's age.

physical abuse of an elder person

This bill creates the crime of physical abuse of an elder person that is modeled

after the current law prohibition of physical abuse of a child. Under the bill, an elder

person is anyone who is 60 years of age or older, and a person may be prosecuted

irrespective of whether he or she knew the age of the crime victim. Under the bill,

the penalties range from a Class C felony for intentionally causing great bodily harm

to a Class I felony for recklessly causing bodily harm.

freezing of assets

This bill creates a procedure for a court to freeze or seize assets from a defendant

who has been charged with a financial exploitation crime when the victim is an elder

person.

Under the bill, if a person is charged with a financial exploitation crime, the

crime involves property valued at more than $2,500, and the crime victim is at least

60 years old, a prosecuting attorney may file a petition with the court to freeze the

funds, assets, or property of the person in an amount up to 100 percent of the alleged

value of property involved in the person's pending criminal proceeding for purposes

of preserving the property for future payment of restitution to the crime victim.

increased penalties

This bill creates a scheme that allows a term of imprisonment that is imposed

for a criminal conviction to be increased in length if the crime victim was an elder

person. Under the bill, a maximum term of imprisonment of one year or less may be

increased to not more than two years; a maximum term of imprisonment of more

than one year but not more than ten years may be increased by not more than four

years; and a maximum term of imprisonment of more than ten years may be

increased by not more than six years. Under the bill, the term of imprisonment may

be lengthened irrespective of whether the defendant knew the age of the crime

victim.

restraining orders for an elder person

This bill allows an elder person who is seeking a domestic violence,

individual-at-risk, or harassment restraining order to appear in a court hearing by

telephone or live audiovisual means. Under the bill, an elder person is anyone who

is 60 years old or older.

Under current law, a person seeking a domestic violence, individual-at-risk,