HB304 Alabama 2017 Session

Under existing law, elder abuse and neglect and financial exploitation of an elderly person are crimes

This bill would establish the Elder Abuse Protection Order and Enforcement Act

This bill would provide for the issuance of elder abuse protection orders to provide greater protection and assistance to victims of elder abuse

This bill would define elder abuse and other terms

This bill would authorize certain individuals in addition to the victim to petition for an elder abuse protection order

This bill would provide penalties for violating an elder abuse protection order

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to elder abuse; to amend Section 15-10-3, Code of Alabama 1975; to establish the Elder Abuse Protection Order and Enforcement Act; to provide for the issuance of elder abuse protection orders; to define terms; to authorize certain individuals in addition to the victim to petition for an elder abuse protection order; to provide penalties for violating an elder abuse protection order; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.