COMMITTEE SUBSTITUTE
FOR
H. B. 2084
(By Delegates Riggs and Warner)
(Originating in the Committee on the Judiciary)
[February 26, 1997]
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) The following words when used in this section have the
meaning ascribed, 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 rehabilitative
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:
(iII)
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 to meet or take care of 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.