The bill introduces the Alabama Adults with Disabilities Protection Act, which aims to create new crimes specifically addressing the abuse, neglect, and financial exploitation of adults with disabilities. It defines various degrees of abuse and neglect, as well as financial exploitation, and assigns corresponding criminal penalties. The bill outlines the terms "adult with a disability," "caregiver," "financial exploitation," "intimidation," "neglect," "person," and "undue influence" to provide clarity for legal proceedings. It also establishes a statute of limitations for the prosecution of financial exploitation of an adult with a disability, which is set to commence within seven years after the discovery of the offense.
The bill specifies that abuse and neglect of an adult with a disability can range from a Class A misdemeanor to a Class A felony, depending on the degree of harm caused. Financial exploitation is categorized into three degrees based on the value of the property taken, with the first degree being a Class B felony and the third degree being a Class A misdemeanor. The bill also clarifies that the location of the crime is considered to be any county where any party to the offense was located at the time of the commission, or the county of residence of the victim. It is noted that the bill will require new or increased expenditure of local funds but is excluded from further requirements under Section 111.05 of the Constitution of Alabama of 2022 because it defines a new crime or amends an existing one. The act is set to become effective on October 1, 2024. Insertions include the enrollment of the bill and the dates of amendment and concurrence by the Senate and House.