SB 388

Sexual assault of an Adult at risk

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 an adult at risk. 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 an adult at risk, regardless of whether or not he or she knew the

victim's status as an adult at risk.

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 adult

at risk.

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 an adult

at risk, 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 allows a term of imprisonment that is imposed for a criminal conviction

to be increased in length if the crime victim was an adult at risk. 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 that the crime victim was an adult at risk.

restraining orders for an adult at risk

This bill allows an adult at risk 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 current law, a person seeking a domestic violence, individual-at-risk,

or harassment restraining order must appear in person in the courtroom at a hearing

to obtain a restraining order.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.