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REFERENCE TITLE: financial abuse of elders; reports |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1200 |
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Introduced by Senators Farley, Hobbs; Representative Orr: Senator Tovar
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AN ACT
amending title 6, Arizona Revised Statutes, by adding chapter 18; relating to financial institution mandatory reporting.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 6, Arizona Revised Statutes, is amended by adding chapter 18, to read:
CHAPTER 18
FINANCIAL INSTITUTION MANDATORY REPORTING
ARTICLE 1. GENERAL PROVISIONS
6-1801. Definitions
In this chapter, unless the context otherwise requires:
1. "Elder" means a person who is at least sixty-two years of age.
2. "Financial abuse" means financial abuse or economic exploitation.
6-1802. Mandatory reporting of suspected financial abuse of an elder; attorney general; immunity
A. A financial institution shall report to the office of the attorney general suspected financial abuse that is directed towards, targets or is committed against an elder if, in connection with providing financial services to the elder, both of the following apply:
1. The officer or employee of a financial institution has direct contact with the elder or reviews or approves the elder's financial documents, records or transactions.
2. Either of the following applies:
(a) The officer or employee, within the scope of employment or professional practice, Observes or has knowledge of an incident that the officer or employee believes in good faith to be financial abuse.
(b) If the officer or employer does not have direct contact with the elder, the officer or employer has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record or transaction.
B. Suspected financial abuse of an elder shall be reported immediately to the office of the attorney general by telephone and by written report sent within five business days.
C. On notification by a financial institution of suspected financial abuse of an elder, the attorney general, in a timely manner, shall determine whether the attorney general has jurisdiction over the elder involved and if not shall notify the financial institution. The financial institution shall then notify the proper local law enforcement agency immediately by telephone and forward the written report to the law enforcement agency within three business days. A financial institution is not liable for failing to report suspected financial abuse to a local law enforcement agency if the attorney general fails to notify the financial institution of the attorney general's lack of jurisdiction.
D. Notwithstanding any other law, any person, including the financial institution, that participates in the making of a report pursuant to this section and that believes, in good faith, that the action is warranted by facts known to that person is immune from any liability, civil or criminal, that might otherwise be incurred or imposed by or as a result of the making of the report. Any person making the report has the same immunity with respect to participation in any judicial proceeding resulting from the report.