HB5105 HFAT Akers 2-23

Morgan 3345

Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

H. B. 5105 -- “A BILL to amend and reenact the Code of West Virginia, 1931, §55-7J-1, §55-7J-2, §55-7J-3, §55-7J-5 and §55-7J-6; and to amend and reenact §61-2-29b of said code, all relating generally to protections against financial exploitation of persons in recovery; establishing a cause of action against a person who commits an act of financial exploitation against a person in recovery; defining terms; restricting certain defenses which, standing alone, are based on legal relationship to a person in recovery; providing for court-authorized remedies; authorizing the award of increased damages in certain circumstances; establishing the standard of proof; establishing the statute of limitations for actions brought under the article; authorizing the court to freeze assets and order injunctive relief; providing options the court may exercise upon a formal finding of exploitation; authorizing the court to require posting security, or additional security, under certain circumstances; clarifying and creating criminal penalties and fines upon conviction of certain offenses of financial exploitation of a person in recovery; creating criminal penalties and fines for second, or subsequent offenses, of exploitation of an elderly person, protected person, person in recovery, or an incapacitated adult; increasing the criminal penalty and fines for the offense of financial exploitation of $1,000 or more relating to an elderly person, protected person, person in recovery, or an incapacitated adult; and providing that financial institutions and their employees, others engaged in financially related activities, caregivers, relatives, and other concerned persons are permitted to report suspected cases of financial exploitation to the West Virginia Department of Health Office of Inspector General; and providing a definition for a person in recovery.”;

Adopted

Rejected