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Minutes for HB2458 - Committee on Judiciary
Short Title
Adding violations of the act for obtaining a guardian or conservator, or both, to the crimes of mistreatment of a dependent adult and mistreatment of an elder person, changing the felony loss thresholds and adding the crimes to the inherently dangerous felonies list.
Minutes Content for Wed, Mar 7, 2018
The Chairman opened the hearing on HB2458 - Adding violations of the act for obtaining a guardian or conservator, or both, to the crimes of mistreatment of a dependent adult and mistreatment of an elder person, changing the felony loss thresholds and adding the crimes to the inherently dangerous felonies list. Jason Thompson provided an overview of the bill. (Attachment 1)
Steven Karrer gave support for HB2458 and explained the bill lowers the definition of an elder person to age 60; this provides consistency with other statutes. Mr. Karrer indicated the majority of abuse cases occur when cognitive issues prevent an elder person from recognizing the abuse and how to get help. These crimes often begin as financial abuse and progress to physical abuse. (Attachment 2)
Stephen Howe supported HB2458 and informed the committee that stealing from the elderly is currently charged as a misdemeanor while stealing from a younger adult is charged as a felony. He also commented that the majority of elder abuse occurs through financial mechanisms which can shield the perpetrator behind the authority granted in the mechanism. Mr. Howe agreed that financial abuse is often coupled with physical abuse. (Attachment 3)
Lisa VanDusen spoke in favor of HB2458 and shared the story of abuse suffered by her mother at an Alzheimer's nursing facility. Ms. VanDusen addressed the shortcomings of the current elder abuse law and questioned why that law gives detailed descriptions and consequences for financial abuse but does not do the same for physical abuse of an elder person. (Attachment 4)
Kim Parker supported HB2458 and indicated prosecutors favor the bill; they believe it will allow prosecution in what has been a huge gap in current law. (Attachment 5)
There were no questions from committee members for the conferees. Written testimony in favor of HB2458 was submitted by Ernest Kutzley for AARP Kansas (Attachment 6), by Rachel Monger for Leading Age Kansas (Attachment 7), and by Susan Fout, Commissioner, Kansas Department for Aging and Disability Services (Attachment 8).
Chairman Wilborn closed the hearing on HB2458.
