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2023 SESSION

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23100603D
SENATE BILL NO. 1223 Offered January 11, 2023 Prefiled January 10, 2023 A BILL to amend and reenact § 18.2-178.1 of the Code of Virginia, relating to financial exploitation of vulnerable adults; venue. ---------- Patron-- Obenshain ---------- Referred to Committee on the Judiciary ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-178.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-178.1. Financial exploitation of vulnerable adults; penalty.

A. As used in this section, "vulnerable adult" means the same as that term is defined in § 18.2-369.

B. It is unlawful for any person who knows or should know that another person is a vulnerable adult to, through the use of that other person's impairment, take, obtain, or convert money or other thing of value belonging to that other person with the intent to permanently deprive him thereof. Any person who violates this section shall be deemed guilty of larceny.

C. Venue for the trial of an accused charged with a violation of this section shall be in any county or city in which (i) any act was performed in furtherance of the offense or, (ii) the accused resided at the time of the offense, (iii) the vulnerable adult resides or resided at the time of the offense, or (iv) the vulnerable adult sustained a financial loss as a result of the offense.

D. This section shall not apply to a transaction or disposition of money or other thing of value in which the accused acted for the benefit of the vulnerable adult or made a good faith effort to assist such person with the management of his money or other thing of value.