SB 1297

Abstract

Emergency order for adult protective services;acts of violence, force, or threat or financial exploitation; penalty.Allows the circuit court, upon a finding that an incapacitated adulthas been, within a reasonable period of time, subjected to an actof violence, force, or threat or been subjected to financial exploitation,to include in an emergency order for adult protective services oneor more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threator criminal offenses that may result in injury to person or property;(ii) a prohibition on such other contacts by the alleged perpetratorwith the adult or the adult's family or household members as thecourt deems necessary for the health and safety of such persons; or(iii) such other conditions as the court deems necessary to prevent(a) acts of violence, force, or threat; (b) criminal offenses thatmay result in injury to persons or property; (c) communication orother contact of any kind by the alleged perpetrator; or (d) financialexploitation by the alleged perpetrator. The bill provides that anyperson who violates any such condition is guilty of a Class 1 misdemeanor.Also, the bill provides that hearings on emergency orders for adultprotective services shall be held no earlier than 24 hours and nolater than 72 hours after the notice required has been given, unlesssuch notice has been waived by the court. Current law just requiressuch hearing be held no earlier than 24 hours.