,i #aacth ,,congress #ast ,session ,h4 ,r4 #hfa ,,in ,,the ,,house ,,of ,,representatives ,february #bg1 #bjac ,mr4 ,king of ,new ,york 7for himself1 ,ms4 ,schakowsky1 ,mr4 ,hastings of ,florida1 ,mr4 ,grijalva1 ,mr4 ,owens1 and ,mr4 ,ellison7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to better protect1 serve1 and advance the rights of victims of elder abuse and exploitation by establishing a program to encourage ,states and other qualified entities to create jobs designed to hold offenders accountable1 enhance the capacity of the justice system to investigate1 pursue1 and prosecute elder abuse cases1 identify existing resources to leverage to the extent possible1 and assure data collection1 research1 and evaluation to promote the efficacy and efficiency of the activities described in this ,act4 #a4 ,short title ,this ,act may be cited as the ,elder ,abuse ,victims ,act of #bjac4 #b4 ,definitions ,in this ,act-- 7#a7 the terms abuse1 elder1 elder justice1 exploitation1 and neglect have the meanings given those terms in section #bjaa of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;j72 7#b7 the term elder abuse includes neglect and exploitation2 7#c7 the term ,director means the ,director of the ,office appointed under section #c7;b72 7#d7 the term ,office means the ,office of ,elder ,justice established under section #c7;a72 7#e7 the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any other territory of possession of the ,united ,states2 and 7#f7 the term task force means a multidisciplinary task force on elder justice established or designated under section #e7;c77#a74 #c4 ,office of ,elder ,justice 7a7 ,in general ,there is established within the ,department of ,justice an office to be known as the ,office of ,elder ,justice1 which shall address issues relating to elder abuse4 7b7 ,director ,the ,office shall be headed by a ,director who shall-- 7#a7 be appointed by the ,president1 by and with the advice and consent of the ,senate1 from among individuals with experience and expertise in elder abuse2 and 7#b7 serve as counsel to the ,attorney ,general on elder justice and elder abuse4 7c7 ,responsibilities ,the ,director shall-- 7#a7 create1 compile1 evaluate1 and disseminate materials and information1 and provide the necessary training and technical assistance1 to assist ,states and units of local government in-- 7,a7 investigating1 prosecuting1 pursuing1 preventing1 understanding1 and mitigating the impact of-- 7i7 physical1 sexual1 and psychological abuse of elders2 7ii7 exploitation of elders1 including financial abuse and scams targeting elders2 and 7iii7 neglect of elders2 and 7,b7 assessing1 addressing1 and mitigating the physical and psychological trauma to victims of elder abuse2 7#b7 collect data and perform an evidence-based evaluation to-- 7,a7 assure the efficacy of measures and methods intended to prevent1 detect1 respond to1 or redress elder abuse2 and 7,b7 evaluate the number of victims of elder abuse in each ,state and the extent to which the needs of the victims are served by crime victim services1 programs1 and sources of funding2 7#c7 publish a report1 on an annual basis1 that describes the results of the evaluations conducted under paragraphs 7#a7 and 7#b71 and submit the report to each ,federal agency1 each ,state1 and the ,committee on the ,judiciary and the ,special ,committee on ,aging of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives2 7#d7 evaluate training models to determine best practices1 create replication guides1 create training materials for law enforcement officers1 prosecutors1 judges1 emergency responders1 individuals working in victim services1 adult protective services1 social services1 and public safety1 medical personnel1 mental health personnel1 financial services personnel1 and any other individuals whose work may bring them in contact with elder abuse regarding how to-- 7,a7 conduct investigations in elder abuse cases2 7,b7 address evidentiary issues and other legal issues2 and 7,c7 appropriately assess1 respond to1 and interact with victims and witnesses in elder abuse cases1 including in administrative1 civil1 and criminal judicial proceedings2 7#e7 conduct1 and update on a regular basis1 a study of laws and practices relating to elder abuse1 including-- 7,a7 a comprehensive description of ,state laws and practices2 7,b7 an analysis of the effectiveness of ,state laws and practices1 including-- 7i7 whether the ,state laws are enforced2 and 7ii7 if enforced-- 7,i7 how the ,state laws are enforced2 and 7,,ii7 how enforcement of the ,state laws has effected elder abuse within the ,state2 7,c7 a review of ,state definitions of the terms abuse1 neglect1 and exploitation in the context of elder abuse cases2 7,d7 a review of ,state laws that mandate reporting of elder abuse1 including adult protective services laws1 laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners1 and other pertinent reporting laws1 that analyzes-- 7i7 the impact and efficacy of the ,state laws2 7ii7 whether the ,state laws are enforced2 7iii7 the levels of compliance with the ,state laws2 and 7iv7 the response to1 and actions taken as a result of1 reports made under the ,state laws2 7,e7 a review of ,state evidentiary1 procedural1 sentencing1 choice of remedies1 and data retention issues relating to elder abuse2 7,f7 a review of ,state fiduciary laws1 including laws relating to guardianship1 conservatorship1 and power of attorney2 7,g7 a review of ,state laws that permit or encourage employees of depository institutions 7as defined in section #c7;c77#a7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;c77#a77 and ,state credit unions 7as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb77 to prevent and report suspected elder abuse2 7,h7 a review of ,state laws used in civil court proceedings to prevent and address elder abuse2 7,i7 a review of ,state laws relating to fraud and related activities in connection with mail1 telemarketing1 the ,internet1 or health care2 7,j7 a review of ,state laws that create programs1 offices1 or entities that address or respond to elder abuse2 and 7,k7 an analysis of any other ,state laws relating to elder abuse2 and 7#f7 carry out such other duties as the ,attorney ,general determines necessary in connection with enhancing the understanding1 prevention1 and detection of1 and response to1 elder abuse4 #d4 ,data collection ,the ,attorney ,general1 in consultation with the ,secretary of ,health and ,human ,services1 shall1 on an annual basis-- 7#a7 collect from ,federal1 ,state1 and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse1 including data relating to-- 7,a7 the number of elder abuse cases referred to law enforcement agencies1 adult protective services1 or any other ,state entity tasked with addressing elder abuse2 7,b7 the number and types of such cases filed in ,federal1 ,state1 and local courts2 and 7,c7 the outcomes of the cases described in subparagraphs 7,a7 and 7,b7 and the reasons for such outcomes2 7#b7 identify common data points among ,federal1 ,state1 and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data related to elder abuse2 7#c7 publish a summary of the data collected under paragraphs 7#a7 and 7#b72 7#d7 identify-- 7,a7 the types of data relevant to elder abuse that should be collected2 and 7,b7 what entity is most capable of collecting the data described in subparagraph 7,a72 and 7#e7 develop recommendations for collecting additional data relating to elder abuse4 #e4 ,elder victims grant program 7a7 ,in general ,the ,director may make grants and provide technical assistance to not more than #ae ,states to assist the ,states in developing1 establishing1 and operating programs designed to improve-- 7#a7 the response to cases of elder abuse in a manner that limits additional trauma to the elder victims2 and 7#b7 the investigation and prosecution of cases of elder abuse4 7b7 ,eligibility ,a ,state is eligible to receive a grant under this section if the ,state-- 7#a7 has a crime victims compensation program that meets the criteria described in section #adjc7;b7 of the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfjb7;b772 and 7#b7 is in compliance with subsection 7c74 7c7 ,establishment of task force 7#a7 ,in general ,in order to be eligible to receive a grant under this section1 a ,state shall establish or1 subject to paragraph 7#e71 designate a multidisciplinary task force on elder justice that is composed of professionals with knowledge and experience relating to the criminal justice system and issues of elder abuse4 7#b7 ,membership requirement ,except as provided in paragraph 7#f71 a task force established or designated in accordance with this subsection shall include-- 7,a7 representatives from law enforcement agencies1 such as police officers1 sheriffs and deputy sheriffs1 detectives1 public safety officers1 corrections officers1 investigators and victims' service personnel2 7,b7 a representative from the crime victim compensation program of the ,state2 7,c7 judicial and legal officers1 including individuals who work on cases of elder abuse2 7,d7 elder justice and elder law advocates1 including local agencies on aging and local public and private agencies and entities relating to elder abuse and other crimes against elders2 7,e7 health and mental health professionals2 7,f7 representatives from social services agencies in the ,state2 and 7,g7 family members of victims of elder abuse4 7#c7 ,review and evaluation ,a task force established or designated in accordance with this subsection shall-- 7,a7 review and evaluate the investigative1 administrative1 and judicial responses to cases of elder abuse in the ,state2 7,b7 make recommendations to the ,state based on the review and evaluation conducted under subparagraph 7,a71 including recommendations relating to-- 7i7 modifying the investigative1 administrative1 and judicial response to cases of elder abuse in a manner that-- 7,i7 reduces additional trauma to the elder victim2 and 7,,ii7 ensures procedural fairness to the individual accused of elder abuse2 and 7ii7 experimental1 model1 and demonstration programs for testing innovative approaches and techniques that may improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in elder abuse cases1 and which ensure procedural fairness to the accused1 including a determination of which programs are most effective2 and 7,c7 submit the recommendations described in subparagraph 7,b7 to the ,office4 7#d7 ,task force alternative ,if determined appropriate by the ,director1 a ,state may comply with the eligibility requirement described in paragraph 7#a7 by designating a commission or task force established by a ,state before ,january #a1 #bjac1 with membership and functions comparable to those described in paragraphs 7#b7 and 7#c71 respectively1 as the task force on elder justice required under such paragraph 7#a74 7#e7 ,task force membership waiver ,the ,director may waive1 in part1 the task force membership requirements under paragraph 7#b7 for a ,state that demonstrates a need for the waiver4 7d7 ,use of funds ,grant funds awarded under this section may be used by a ,state to support-- 7#a7 ,state and local prosecutor offices and courts in elder abuse matters1 including-- 7,a7 hiring or paying salary and benefits for employees and establishing or implementing units designated to work on elder justice issues in ,state prosecutors' offices and ,state courts2 and 7,b7 hiring or paying salary and benefits for an employee to coordinate elder justice-related cases1 training1 technical assistance1 and policy development for ,state and local prosecutors and courts2 7#b7 ,state and local law enforcement agencies investigating cases of elder abuse2 and 7#c7 adult protective services4 7e7 ,state reports ,not later than #a year after a ,state receives grant funds under this section1 the ,state shall submit to the ,director a report that includes-- 7#a7 an evaluation of the effectiveness of the grant program2 7#b7 a list of all laws of the ,state relating to elder abuse2 and 7#c7 any other information the ,director may require4 7f7 ,evaluation and report ,not later than #a year after the date on which the ,director makes available the final funds awarded under a grant under this section1 the ,director shall-- 7#a7 evaluate the grant program established under this section2 and 7#b7 submit to the appropriate congressional committees a report on the evaluation conducted under paragraph 7#a71 including recommendations on whether the grant program should be continued4 #f4 ,elder ,justice ,coordinating ,council ,section #bjba7;b77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acigk7b77#a77;,b77 is amended by striking 7or the ,attorney ,general's designee7 and inserting 7or the ,director of the ,office of ,elder ,justice74 #g4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #bj1jjj1jjj for each of fiscal years #bjad through #bjaf4 ,such sums shall be derived from amounts appropriated in each such fiscal year for ,general ,administration1 ,salaries and ,expenses1 for the ,department of ,justice4