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SB230 SUB1 Senate Bill 230 History

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SB230 SUB1

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 230

(By Senators Weeks, Yoder, Bailey, Dempsey, Lanham,

Barnes and Jenkins)

____________

[Originating in the Committee on the Judiciary;

reported March 25, 2005.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to creating a new crime of "involuntary manslaughter by a caregiver"; and establishing a penalty and statute of limitations for such crime.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-30, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-30. Involuntary manslaughter when person acting as caregiver; penalties.

(a) The following words when used in this section have the meaning ascribed, unless the context clearly indicates otherwise:
(1) "Caregiver" means an adult who has or shares actual physical possession or care of an incapacitated adult or elder person on a full-time or temporary basis, regardless of whether such person has been designated as a guardian of such adult by any contract, agreement or legal proceeding. Caregiver includes health care providers, family members and any person who otherwise voluntarily accepts a supervisory role towards an incapacitated adult or elder person;
(2) "Incapacitated adult" means any person who by reason of physical, mental or other infirmity is unable to physically carry on the daily activities of life necessary to sustaining life and reasonable health;
(3) "Elder" means a person age sixty-five years or older;
(b) Any caregiver convicted under section five of this chapter who was acting as caregiver of the victim at the time of the commission of the crime and the crime would not have occurred but for the defendant's lack of adequate care for the victim, shall be confined in a correctional facility not less than ninety days nor more than one year, or fined not more than one thousand dollars, or both. Notwithstanding other provisions of this code, the statute of limitations for a violation of this section shall be two years provided that the offense occurs after the first day of July, two thousand five.
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(NOTE: The purpose of this bill is to establish a new crime of involuntary manslaughter by a caregiver, provide penalties for such crime and establish a statute of limitations for such crime.

§61-2-30 is new; therefore, strike-throughs and underscoring have been omitted.)
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