TO:	Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB576 by Menéndez (relating to the reporting, investigation, and prosecution of the criminal offense of financial abuse of an elderly individual.), Committee Report 1st House, Substituted

The bill would create a rebuttable presumption that any transfer, appropriation, or use of an elderly individual's money or other property by a paid or unpaid caregiver of the person constitutes an offense of financial abuse of an elderly individual if it is shown that the actor knew or should have known that, at the time of the offense, the elderly individual had been diagnosed with dementia, Alzheimer's disease, or a related disorder. Under current law, the penalty ranges from a Class B misdemeanor to a first degree felony depending on the value of the property taken, appropriated, obtained, retained, or used.

In fiscal year 2022, there were 19 individuals arrested and 1 individual placed onto adult community supervision for the offense of financial abuse of an elderly individual. There were no individuals placed onto juvenile probation supervision or admitted to an adult or juvenile state correctional institution for the offense.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.