H. B. 4497
(By Delegate Webb)
[Introduced February 10, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-nine, article two,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to abuse of an
incapacitated adult; and setting a penalty of two to ten
years confinement in a state correctional facility upon
conviction.
Be it enacted by the Legislature of West Virginia:
That section twenty-nine, article two, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-29. Abuse or neglect of incapacitated adult.
(a) The following words when used in this section have the
meaning ascribed, unless the context clearly indicates otherwise:
(1) "Abuse" means the infliction or threat to inflict physical
pain or injury on an incapacitated adult;
(2) "Care giver" means an adult who has or shares actual
physical possession or care of an incapacitated adult 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. Care giver includes health care
providers, family members, and any person who otherwise voluntarily
accepts a supervisory role towards an incapacitated adult;
(3) "Neglect" means: (i) The failure to provide the
necessities of life to an incapacitated adult; or (ii) the unlawful
expenditure or willful dissipation of the funds or other assets
owned or paid to or for the benefit of an incapacitated adult; and
(4) "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.
(b) Any care giver who neglects an incapacitated adult, or who
knowingly permits another person to neglect said adult, is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than five hundred dollars nor more than fifteen hundred
dollars, or imprisoned in the county jail for not less than ninety
days nor more than one year, or both fined and imprisoned.
(c) Any care giver who intentionally abuses or neglects an incapacitated adult is guilty of a felony and, upon conviction
thereof, shall in the discretion of the court be confined in the
penitentiary for be imprisoned in a state correctional facility
not less than two nor more than ten years. or be confined in the
county jail for not more than twelve months and fined not more than
fifteen hundred dollars
(d) Nothing in this article shall be construed to mean an
adult is abused or neglected for the sole reason that his or her
independent decision is to rely upon treatment by spiritual means
in accordance with the tenets and practices of a recognized church
or religious denomination or organization in lieu of medical
treatment.
NOTE: The purpose of this bill is to set a penalty of two to
ten years confinement in a state correctional facility upon
conviction of abuse of an incapacitated adult.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.