HB45 Alabama 2013 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Paul DeMarco
Republican
Session: Regular Session 2013
Title: Crimes and offenses, elder abuse, creating the crimes of elder abuse and neglect and financial exploitation of an elderly person in the first, second, and third degree
Summary: HB45 creates criminal offenses for elder abuse, neglect, and financial exploitation of elderly people (60+) in Alabama, with penalties and protections for victims and reporters.
What This Bill Does
It defines key terms such as caregiver, deception, elderly person (60+), emotional abuse, intimidation, neglect, undue influence, and financial exploitation. It establishes elder abuse and neglect crimes in three degrees with escalating penalties, and financial exploitation crimes in three degrees based on the value of property involved. It sets prosecution venues, a seven-year statute of limitations, and clarifies that not knowing the victim is elderly is not a defense. It also provides immunities for those involved in reporting or prosecuting under the act, exemptions for physicians practicing medicine, andIncludes severability and an effective date.

Who It Affects
Elderly people aged 60 and over who would be protected by new criminal offenses against abuse, neglect, and financial exploitation.
Caregivers, family members, guardians, conservators, or any person responsible for an elderly person, who could face criminal penalties for abuse, neglect, or financial exploitation.

Key Provisions
Creates elder abuse and neglect in the first degree (Class A felony) if intentional abuse/neglect causes serious physical injury.
Creates elder abuse and neglect in the second degree (Class B felony) for specific intentional or reckless abuse/neglect resulting in injury, including prior conviction scenarios.
Creates elder abuse and neglect in the third degree (Class A misdemeanor) for lesser reckless or emotional abuse cases.
Creates financial exploitation of an elderly person in the first degree (Class B felony) when property value exceeds $2,500.
Creates financial exploitation of an elderly person in the second degree (Class C felony) for property value between $500 and $2,500.
Creates financial exploitation of an elderly person in the third degree (Class A misdemeanor) for property value up to $500.
Defines terms such as caregiver, deception, elderly person, emotional abuse, intimidation, neglect, undue influence, and financial exploitation.
Allows prosecution in any county where any part of the crime occurred and sets a seven-year statute of limitations; prohibits defense that the victim was not elderly.
Provides civil immunity for individuals and entities acting under the act or reporting investigations, with exceptions for bad faith, recklessness, or malicious purpose.
Excludes physicians practicing medicine from certain sections of the act when acting within medical practice.
Includes severability clause and states the act becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses