2018 Tennessee Code
Title 39 - Criminal Offenses
Chapter 15 - Offenses Against the Family
Part 5 - Elderly and Vulnerable Adults
§ 39-15-509. Report of neglect or financial exploitation to adult protective services -- Report of rape or sexual battery to adult protective services and law enforcement agency -- Failure to make report. [Effective on January 1, 2019.]
(a)
(1) Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered neglect or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, chapter 6.
(2) Any person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, aggravated sexual battery pursuant to § 39-13-504, or sexual battery pursuant to § 39-13-505, shall report the conduct to adult protective services pursuant to title 71, chapter 6, and to the local law enforcement agency in the jurisdiction where the offense occurred.
(b) Any person who fails to make reasonable efforts to make a report required by subsection (a) or by title 71, chapter 6, commits a Class A misdemeanor.
(c) Upon good cause shown, adult protective services shall cooperate with law enforcement to identify those persons who knowingly fail to report neglect or financial exploitation of an elderly or vulnerable adult.
(d)
(1) This section does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee's employment except as provided by title 45, chapter 2, part 12.
(2) As used in subdivision (d)(1), "financial service provider" means any of the following engaged in or transacting business in this state:
(A) A state or national bank or trust company;
(B) A state or federal savings and loan association;
(C) A state or federal credit union;
(D) An industrial loan and thrift company, regulated by title 45, chapter 5;
(E) A money transmitter, regulated by title 45, chapter 7, part 2;
(F) A check casher, regulated by title 45, chapter 18;
(G) A mortgage loan lender, mortgage loan broker, mortgage loan originator, or mortgage loan servicer, regulated by title 45, chapter 13;
(H) A title pledge lender, regulated by title 45, chapter 15;
(I) A deferred presentment services provider, regulated by title 45, chapter 17;
(J) A flex loan provider, regulated by title 45, chapter 12; or
(K) A home equity conversion mortgage lender, regulated by title 47, chapter 30.
(e) Upon commencement of criminal prosecution of neglect or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general a complete and unredacted copy of adult protective services' entire investigative file excluding the identity of the referral source except as provided by subsection (f).
(f) Upon return of a criminal indictment or presentment alleging neglect or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general the identity of the person who made the report in accordance with § 71-6-118.
