An Act To Protect Elders and Vulnerable Adults from Exploitation
Maine Legislature, Session 126, LD 0527
Committee Amendment CA_A_H189 (House)
Amends: 17-A MRSA §109, 17-A MRSA §361-A, 17-A MRSA §903

COMMITTEE AMENDMENT "{+,, to H.P. 346, L.D. 527, Bill, "An Act To 
Protect Elders and Vulnerable Adults from Exploitation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Vulnerable Adults from Exploitation' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §109, sub-§3, ~, as enacted by PL 1981, c. 324, §27, is 
amended to read: 
B. 
It is given by a person who, by reason of intoxication, physical illness, mental 
illness or mental defect, including, but not limited to, dementia and other cognitive 
impairments, or youth, is manifestly unable, or known by the defendant to be unable, 
to make a reasonable judgment as to the nature or harmfulness of the conduct charged 
to constitute the crime; or 
Sec. 2. 17-A MRSA §109, sub-§3, ,C, as enacted by PL 1981, c. 324, §27, is 
amended to read: 
C. 
It is induced by force, duress or deception or undue influence. 
Sec.3. 17-A MRSA §109, sub-§4 is enacted to read: 
4. As used in this section, "undue influence" means the misuse of real or apparent 
authority or the use of manipulation by a person in a trusting, confidential or fiduciary 
relationship with a person who is an incapacitated adult as defined in Title 22, section 
3472, subsection 10 or is a dependent adult as defined in Title 22, section 3472, 
subsection 6 and who is wholly or partially dependent upon that person or others for care 
or support, either emotional or physical. 
Sec. 4. 17-A MRSA §361-A, sub-§3 is enacted to read: 
3. Proof that a defendant possessed or controlled property of a person who, by reason 
of physical illness or mental illness or mental defect, including, but not limited to, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 346, L.D. 527 
dementia and other cognitive impairments, is manifestly unable or known by the 
defendant to be unable to make a reasonable judgment with respect to the disposition of 
the property or proof that a defendant obtained possession or control of the property by 
undue influence gives rise to a permissible inference under the Maine Rules of Evidence, 
Rule 303 that the defendant obtained or exercised unauthorized control over the property 
with the intent to deprive the owner of the property. As used in this subsection, "undue 
influence" has the same meaning as in section 109, subsection 4. 
Sec. 5. 17-A MRSA §903, as enacted byPL 1975, c. 499, §1, is amended to read: 
§903. Misuse of entrusted property 
1. 
A person is guilty of misuse of entrusted property if he that person deals with 
property that has been entrusted to hHR that person as a fiduciary, or property of the 
government or of a financial institution, in a manner whish he that that person knows is a 
violation of ffis. that person's duty and whieh that involves a substantial risk of loss to the 
owner or to a person for whose benefit the property was entrusted. 
2. As used in this section "fiduciary" includes any person carrying on fiduciary 
functions on behalf of an organization whieh that is a fid~ciary. 
3. Misuse Except as provided in subsection 4, misuse of entrusted property is a Class 
D crime. 
4. If a misuse of entrusted property results in the loss of a vulnerable person's 
property or the loss of property entrusted to a person for the benefit of a vulnerable 
person and, at the time of the offense, the owner or the beneficiary of the property is a 
vulnerable person: 
A. If the value of the property is more than $1,000 but not more than $10,000, 
the misuse of entrusted property is a Class C crime; and 
B. If the value of the property is more than $10,000, the misuse of entrusted 
property is a Class B crime. 
As used in this subsection, "vulnerable person" means an incapacitated adult as defined in 
Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 
3472, subsection 6.' 
SUMMARY 
This amendment replaces the bill and does the following. 
1. Current law provides that consent is not a defense against a charge involving a 
crime against the person or property of another if the consent is given by a person who 
for certain reasons, including mental illness or defect, is unable to make a reasonable 
judgment regarding the conduct that constitutes the crime. This amendment includes 
physical illness among these reasons and clarifies that mental illness or defect includes 
dementia and other cognitive impairments. 
2. It creates a permissible inference under the Maine Rules of Evidence, Rule 303 
that a defendant exercised unauthorized control of a property with the intent to deprive a 
person of that property if there is proof that the defendant possessed or controlled the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 346, L.D. 527 
property of a person who, by reason of physical illness or mental illness or defect, is 
manifestly unable or known by the defendant to be unable to make a reasonable judgment 
with respect to the disposition of that property or there is proof that the defendant 
obtained possession or control of the property by undue influence. 
3. It defines "undue influence" to mean the misuse of real or apparent authority or 
the use of manipulation by a person in a trusting, confidential or fiduciary relationship 
with an incapacitated adult or a dependent adult who is wholly or partially dependent 
l . 8 
upon that person or others for care or support. 
4. It provides that a person who is guilty of misuse of entrusted property against a 
vulnerable person commits a Class C crime if the property is valued at more than $1,000 
but not more than $10,000 and commits a Class B crime if the property is valued at more 
than $10,000. 
5. It defines "vulnerable person" to mean an incapacitated adult as defined in the 
Maine Revised Statutes, Title 22, section 3472, subsection 10 or a dependent adult as 
defined in Title 22, section 3472, subsection 6. 
FISCAL .\'OTE RIQLlRED 
-<~e!.~t.t~_~~~d) . 
COMMITTEE AMENDMENT 
Approved: 05114/13 ;:tvac 
LD 251 
LR 527(02) 
An Act Criminalizing Trafficking in Contraband or Alcoholic Beverages in State Hospitals Serving 
Adults 
)\ 
Fiscal Note for Bill as Amended by Committee Amendment 'A' C. H-Ig~ 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class C and Class D crimes; increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0527(02) - Fiscal Note - Page 1 of 1