Crimes against Elderly Disabled Adults
Radio Commentary, 90.7, 91.7 New Life FM, May 11, 2018 – By Sue Ella Deadwyler
H.B. 803 passed the Senate unanimously; in the House there was only one negative vote; Governor Deal signed it May 7th; it became Act 419 upon his signature; it takes effect July 1st. Unless the bill specifies an earlier effective date, legislation that passes and is not vetoed becomes law July 1st, with or without the governor’s signature. After the session ends the governor has 40 days to veto or sign bills. At midnight May 8th that 40-day period expired.
H.B. 803 prohibits certain crimes – coercion, misuse of controlled substances, deception, exploitation, or isolation – against disabled adults or the elderly or any resident. As defined in the bill, these offenses are felonies, punishable by one-to-20 years in prison and $100,000 fine. Each violation will be judged as a separate offense.
In 2017 the MetLife Mature Market Institute estimated money lost by victims of elder financial abuse and exploitation was over $2.9 billion per year. When another study added fraud, the estimated loss increased to $36.5 billion annually. Elders report financial exploitation crimes much more often than emotional, physical, sexual abuse or neglect. Also, of 39 states and the District of Columbia that addressed the issue in 2017, 24 passed laws or resolutions that protect the elderly and vulnerable adults.To avoid becoming victims, elders are encouraged to control, post and open their own mail and refuse to give personal information over the phone. Elders are encouraged to use their personal phone to communicate with others and, also, to learn what rights they have as they deal with professional or family caregivers. A call to 911 or police is suggested as a way to clarify situations. Although the many forms of elder abuse result in a 300 percent higher risk of death, the passage of H.B. 803, should improve the situation for Georgia elders.
Sometimes I wonder why legislators do what they do. Case in point: When AIDS became an epidemic, new contagious disease laws became necessary. In Georgia an appointed legislative committee studied the issue for months and developed legislation that, astonishingly, deviated from the tried-and-true method of tracking communicable sexual diseases, although AIDS is incurable. The bill that became Georgia’s AIDS law prohibited (and continues to prohibit) the tracking of sexual contacts of AIDS-infected persons. It, also, prevented and continues to prevent physicians from informing the spouse of a patient who tests AIDS or HIV positive.
That became law many years ago, but, surprisingly, in recent years Georgia legislators deleted the law requiring parents to be notified if and when a minor is diagnosed with HIV or AIDS.
This year, legislators refused to pass H.B. 737 to require court ordered HIV, hepatitis B, or hepatitis C blood tests for law officers who might be exposed while making a lawful arrest. Their refusal makes no sense. Surely, legislators would want to be tested if someone attempted to infect them. For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.