H. B. 2084
(By Delegates Riggs and Warner)
[Introduced February 13, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-nine, relating to abuse of vulnerable adults;
definitions; investigations; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-nine, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-29. Abuse of vulnerable adults.
(a) As used in this section, unless the context clearly indicates otherwise:
(1) "Abuse" means the sustaining of any physical injury by
a vulnerable adult as a result of cruel or inhumane treatment or
as a result of a malicious act by a care giver, a parent or other
person who has permanent or temporary care, custody or
responsibility for the supervision of the vulnerable adult or by
any household or family member under circumstances that indicate
that the vulnerable adult's health or welfare is harmed or
threatened. Abuse includes the sexual abuse of a vulnerable
adult. Abuse does not include the performance of an accepted
medical or behavioral procedure ordered by a health care provider
acting within the scope of the health care provider's practice.
(2) "Care giver" means a person under a duty to care for a
vulnerable adult because of a contractual undertaking to provide
care.
(3) "Family member" means a relative of a vulnerable adult
by blood, marriage, adoption or the marriage of a child.
(4) "Health care provider" means any person who is
authorized to practice a health occupation.
(5) "Household" means the location:
(A) In which the vulnerable adult resides;
(B) Where the abuse or neglect of a vulnerable adult is
alleged to have taken place; or
(C) Where the person suspected of abusing or neglecting a
vulnerable adult resides.
(6) "Household member" means an individual who lives with or
is a regular presence in the home of a vulnerable adult at the
time of the alleged abuse or neglect.
(7) "Licensed health professional" means an individual
licensed to practice a health occupation.
(8) "Neglect" means the sustaining of serious physical harm
by a vulnerable adult as the result of the willful deprivation of
adequate food, clothing, essential medical treatment or
habilitative therapy, shelter or supervision. Neglect does not
include the provision of nonmedical remedial care and treatment
for the healing of injury or disease, with the consent of the
vulnerable adult, recognized by state law instead of medical
treatment.
(9) "Sexual abuse" means any act that involves sexual
molestation or exploitation of a vulnerable adult by a care
giver, a parent or other person who has permanent or temporary
care or custody or responsibility for the supervision of the
vulnerable adult, or by any household member or family member.
Sexual abuse includes:
(i) Incest, rape or sexual offense in any degree; (ii)
sodomy; and (iii) unnatural or perverted sexual practices.
(10) "Vulnerable adult" means an adult who lacks the
physical or mental capacity for his or her daily needs.
(b) A care giver, a parent or other person who has permanent or temporary care or responsibility for the supervision of a
vulnerable adult, or any household member or family member, who
causes abuse or neglect of a vulnerable adult is guilty of a
felony, and, upon conviction thereof, shall be fined not more
than five thousand dollars, or imprisoned for not more than five
years, or both fined and imprisoned.
(c) A sentence imposed under this section shall be in
addition to any other sentence imposed for a criminal conviction
arising from the same facts and circumstances unless the evidence
required to prove each offense is substantially identical.
(d) If a person reports to a state or local agency that a
vulnerable adult has been or is currently subjected to abuse or
neglect, the state or local agency shall conduct an investigation
of the alleged abuse.
NOTE: The purpose of this bill is to create the offense of
abuse of vulnerable adults.
This section is new; therefore, strike-throughs and
underscoring have been omitted.