Bill Summary: This proposal modifies provisions relating to crimes committed against the elderly and disabled.

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED	FY 2013	FY 2014	FY 2015


Total Estimated Net Effect on General Revenue Fund	$0	$0	$0

ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED	FY 2013	FY 2014	FY 2015


Total Estimated Net Effect on Other State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2013	FY 2014	FY 2015


Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)
FUND AFFECTED	FY 2013	FY 2014	FY 2015


Total Estimated Net Effect on FTE	0	0	0

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☐ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2013	FY 2014	FY 2015
Local Government	$0 or Unknown	$0 or Unknown	$0 or Unknown

Officials from Office of the State Courts Administrator, Department of Health and Senior Services, Office of the State Public Defender, and the Department of Public Safety - Missouri Highway Patrol each assume the proposal would not fiscally impact their respective agencies.

In response to a previous version of this proposal, officials from the Department of Corrections assumed the proposal would not fiscally impact their agency.

In response to a previous version of this proposal, officials from the Department of Social Services - Division of Legal Services (DLS) stated they would be required to provide information to prosecutors so that they can enforce this law. DLS believes that this can be done with existing resources. This bill will have no fiscal impact on the department.

In response to a previous version of this proposal, officials from the Office of Prosecution Services assumed no measurable fiscal impact from the proposal. The bill would provide for a positive fiscal impact to county prosecuting attorney’s offices, although the amount is unknown.

New subsection 7 of Section 570.145 allows county prosecutors to retain 10 percent of an amount collected under an order of restitution. Therefore, Oversight will reflect a $0 or unknown positive fiscal impact to county prosecutors from this proposal.

Small business skilled or intermediate nursing facilities may receive restitution as a result of this proposal.

Under current law, a person who recklessly and purposely causes serious injury to an elderly person commits the crime of second degree elder abuse. This proposal makes it so a person who recklessly or purposely causes such injury has committed the crime.

This proposal adds undue influence to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation. Undue influence is defined under the act to mean influence by a person who has authority over the elderly or disabled person in order to take unfair advantage of the person's vulnerable state of mind, neediness, pain, or agony. It includes improper use of various types of fiduciary authority.

This act authorizes the Department of Social Services to release records regarding the income or assets of a resident of a skilled or intermediate nursing facility to prosecuting attorneys who are investigating or prosecuting an offense of financial exploitation.

If a person is found guilty of financial exploitation by being in possession of funds disclosed as income or assets in department records and the funds are owed to a nursing facility, the court can order the offender to make restitution to the facility. The prosecuting attorney may receive ten percent of the funds collected under the order as reimbursements for the cost of enforcement.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

FISCAL IMPACT - State Government	FY 2013 (10 Mo.)	FY 2014	FY 2015

	$0	$0	$0

FISCAL IMPACT - Local Government	FY 2013 (10 Mo.)	FY 2014	FY 2015
COUNTY PROSECUTORS

Income - county prosecutors are allowed to retail ten percent of an order or restitution under new 570.145.7	$0 or Unknown	$0 or Unknown	$0 or Unknown

ESTIMATED NET EFFECT TO COUNTY PROSECUTORS	$0 or Unknown	$0 or Unknown	$0 or Unknown