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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-2-1-0 | Third Read 18-12-0-0-0 |
SB 1512: vulnerable adults; theft; definitions
Sponsor: Senator Bolick, LD 2
Committee on Judiciary
Overview
Amends the definition of position of trust and confidence and vulnerable adult when used in the theft statute.
History
A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property (A.R.S. § 13-1802).
Statute defines position of trust and confidence to mean a:
1) person who has assumed a duty to provide care to the vulnerable adult;
2) joint tenant or a tenant in common with a vulnerable adult;
3) person who is in a fiduciary relationship with a vulnerable adult;
4) person who is in a confidential relationship with the vulnerable adult; or
5) beneficiary of the vulnerable adult in a governing instrument (A.R.S. § 46-456).
Statute defines vulnerable adult to mean an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person (A.R.S. § 46-451).
Provisions
1. Amends the definition of position of trust and confidence to include a person who has formed a relationship of or reliance with a vulnerable adult where the vulnerable adult is likely to rely on that person to act in good faith for the vulnerable adult's interest. (Sec. 1)
2. Amends the definition of vulnerable adult to include a person who is 65 years of age or older and who:
a. has experienced the death of a spouse, domestic partner or primary caregiver within the proceeding 12 months;
b. has a medically documented impairment of sight or hearing that significantly limits his ability to receive or interpret information accurately;
c. is diagnosed with a chronic illness that materially affects cognition or decision making capacity;
d. is dependent on another person for financial management, transportation or caregiving where the dependency creates a substantial rick of undue influence; or
e. exhibits signs of social, emotional or phycological isolation that impairs his ability to recognize financial exploitation. (Sec. 1)
3. Makes technical changes. (Sec. 1)
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Initials NM/NP SB 1512
3/12/2026 Page 0 Judiciary
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