17-1776.   Same; additional penalty for violationsinvolving elderly or disabled person.(a) If any person is found to have violated any provision ofthe charitable organizations and solicitations act, and such violation iscommitted against elderor disabled persons, in addition to any civil penalty otherwise provided bylaw, the court may impose an additional civil penalty not to exceed $10,000 foreach such violation.

      (b)   In determining whether to impose a civil penalty as provided inthis section and the amount of such civil penalty, the court shall consider theextent to which one or more of the following factors are present:

      (1)   Whetherthe defendant's conduct was in disregard of the rights of the elder or disabledperson;

      (2)   whether the defendant knew or should have known that thedefendant's conduct was directed to an elder or disabled person;

      (3)   whetherthe elder or disabled person was more vulnerable to the defendant's conductbecause of age, poor health, infirmity, impaired understanding, restrictedmobility or disability thanother persons and actually suffered substantial physical, emotional or economicdamage resulting from the defendant's conduct;

      (4)   whether the defendant's conduct caused an elder or disabled person tosuffer any of the following:

      (A)   Mental or emotional anguish;

      (B)   loss of or encumbrance upon a primary residence of the elder or disabledperson;

      (C)   loss of or encumbrance upon the elder or disabled person's principalemployment or principal source of income;

      (D)   loss of funds received under a pension or retirement plan or agovernment benefits program;

      (E)   loss of property set aside for retirement or for personal or familycare and maintenance;

      (F)   loss of assets essential to the health and welfare of the elder ordisabled person; or

      (G)   any other factors the court deems appropriate.

      (c)   As used in this section elder person and disabled person shall mean thesame as provided inK.S.A. 50-676, and amendments thereto.

      (d)   The provisions of this section shall be part of and supplemental to thecharitable organizations and solicitations act.

      History:   L. 2001, ch. 105, § 5; July 1.