An Act To Strengthen the Protections for Senior Citizens in the State
Maine Legislature, Session 127, LD 1272
Committee: Judiciary
Sponsors: BURNS, EVES, CUSHING, SAVIELLO, BABBIDGE, DOORE, HYMANSON, MALABY
Amends: 17-A MRSA §555, 17-A MRSA §1151, 22 MRSA §3472

Legislative Document 
No. 1272 
S.P. 454 
In Senate, April 7, 2015 
An Act To Strengthen the Protections for Senior Citizens in the 
State 
(EMERGENCY) 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Speaker EVES of North Berwick and 
Senators: CUSHING of Penobscot, SAVIELLO of Franklin, Representatives: BABBIDGE of 
Kennebunk, DOORE of Augusta, HYMANSON of York, MALABY of Hancock, 
McCREIGHT of Harpswell, McELWEE of Caribou. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order for the protections it provides for senior citizens to be in place as soon as 
possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §555, sub-§1, as repealed and replaced by PL 2005, c. 431, 
§1, is amended to read: 
1.     A person is guilty of endangering the welfare of a dependent person if: 
A.  The person recklessly endangers the health, safety or mental welfare of a 
dependent person who is unable to perform self-care because of advanced age or 
physical or mental disease, disorder or defect.  Violation of this paragraph is a Class 
D crime; or 
B.  The person intentionally or knowingly endangers the health, safety or mental 
welfare of a dependent person who is unable to perform self-care because of 
advanced age or physical or mental disease, disorder or defect.  Violation of this 
paragraph is a Class C crime. 
Sec. 2.  17-A MRSA §555, sub-§2, as repealed and replaced by PL 2005, c. 431, 
§1, is repealed and the following enacted in its place: 
2.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Endanger" includes a failure to act only when the defendant has a legal duty to 
protect the health, safety or mental welfare of the dependent person. For purposes of 
this paragraph, a legal duty may be inferred if the defendant has assumed 
responsibility in whole or in part for the care of the dependent person. 
B.  "Dependent person" means a person, regardless of where that person resides, who 
is wholly or partially dependent upon one or more other persons for care or support 
because the person suffers from a significant limitation in mobility, vision, hearing or 
mental functioning or is unable to perform self-care because of advanced age or 
physical or mental disease, disorder or defect. 
Sec. 3.  17-A MRSA §1151, sub-§8, ¶A, as enacted by PL 1995, c. 149, §1, is 
amended to read: 
A.    The age of the victim, particularly of a victim of an advanced age or of a young 
age who has a reduced ability to self-protect or who suffers more significant harm 
due to age; and 
Sec. 4.  22 MRSA §3472, sub-§1, as amended by PL 2003, c. 653, §2, is further 
amended to read: 
1.  Abuse.  "Abuse" means the infliction of injury, unreasonable confinement, 
intimidation or cruel punishment that causes or is likely to cause physical harm or pain or 
mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the 
intentional, knowing or reckless deprivation of essential needs.  "Abuse" includes acts 
and omissions. 
Sec. 5.  22 MRSA §3472, sub-§9-A is enacted to read: 
9-A.  Financial exploitation.  "Financial exploitation" means the use of deception, 
intimidation, undue influence, force or other unlawful means to obtain control over the 
property of a dependent adult for another's profit or advantage. 
Sec. 6.  22 MRSA §3472, sub-§16 is enacted to read: 
16.  Undue influence.  "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 a dependent adult or an incapacitated adult. 
Sec. 7.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF 
Initiative:  Provides funding for one Detective position and one Assistant Attorney 
General position. 
Sec. 8.  Funding.  The Attorney General may accept any funds available to fund 
positions within the Department of the Attorney General to investigate and prosecute the 
financial exploitation of dependent adults in accordance with this Act. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
GENERAL FUND 
2015-16
2016-17
POSITIONS - LEGISLATIVE COUNT 
2.000
2.000
Personal Services 
$186,561
$187,566
All Other 
$19,408
$15,033
GENERAL FUND TOTAL 
$205,969
$202,599
SUMMARY 
This bill strengthens the protections for senior citizens in the State. 
1.  It amends the purposes of the criminal sentencing provisions to specifically 
reference the factor of a victim's ability to self-protect due to age. 
2.  It defines "dependent person." 
3.  It specifically includes financial exploitation in the definition of "abuse." 
4.  It provides funds for one Detective position and one Assistant Attorney General 
position. 
5.  It authorizes the Attorney General to accept funds to fund those positions.