SEC. 401. Short Title.
This title may be cited as the “Robert Matava Elder Abuse Prosecution Act of 2017”.
Title IV — Robert Matava Elder Abuse Prosecution Act of 2017
TITLE IV Robert Matava Elder Abuse Prosecution Act of 2017
SEC. 402. Enhanced Penalty for Telemarketing and Email Marketing Fraud Directed at Elders.
In General.— Chapter 113A of title 18, United States Code, is amended—
in the chapter heading, by inserting “ AND EMAIL MARKETING” after “ TELEMARKETING”;
by striking section 2325 and inserting the following:
Ҥ 2325. Definition
“In this chapter, the term ‘telemarketing or email marketing’—
“(1) means a plan, program, promotion, or campaign that is conducted to induce—
“(A) purchases of goods or services;
“(B) participation in a contest or sweepstakes;
“(C) a charitable contribution, donation, or gift of money or any other thing of value;
“(D) investment for financial profit;
“(E) participation in a business opportunity;
“(F) commitment to a loan; or
“(G) participation in a fraudulent medical study, research study, or pilot study,
“(2) does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—
“(A) contains a written description or illustration of the goods, services, or other opportunities being offered;
“(B) includes the business address of the solicitor;
“(C) includes multiple pages of written material or illustration; and
“(D) has been issued not less frequently than once a year,
in section 2326, in the matter preceding paragraph (1)—
by striking “ or 1344” and inserting “ 1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b)”; and
by inserting “ or email marketing” after “ telemarketing”; and
by adding at the end the following:
Ҥ 2328. Mandatory forfeiture
“(a) In General.—The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States—
“(1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
“(2) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
“(b) Procedures.—The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.”
Technical and Conforming Amendments.—
The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following:
“113A. Telemarketing and email marketing fraud 2325”.
The table of sections for chapter 113A of title 18, United States Code, is amended by inserting after the item relating to section 2327 the following:
“2328. Mandatory forfeiture.”.
SEC. 403. Training and Technical Assistance for States.
The Attorney General, in consultation with the Secretary of Health and Human Services and in coordination with the Elder Justice Coordinating Council (established under section 2021 of the Social Security Act (42 U.S.C. 1397k)), shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in—
investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of—
physical, sexual, and psychological abuse of elders;
exploitation of elders, including financial abuse and scams targeting elders; and
neglect of elders; and
assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse.
SEC. 404. Interstate Initiatives.
Interstate Agreements and Compacts.— The consent of Congress is given to any two or more States (acting through State agencies with jurisdiction over adult protective services) to enter into agreements or compacts for cooperative effort and mutual assistance—
in promoting the safety and well-being of elders; and
in enforcing their respective laws and policies to promote such safety and well-being.
Recommendations on Interstate Communication.— The Executive Director of the State Justice Institute, in consultation with State or local adult protective services, aging, social, and human services and law enforcement agencies, nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in elder abuse cases, and the Secretary of Health and Human Services, shall submit to Congress legislative proposals relating to the facilitation of interstate agreements and compacts.