Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Engrossed Committee Substitute House Bill 2788 History

OTHER VERSIONS  -  Introduced Version  |  DOWNLOAD  wpd  |  Email


HB2788 ENG SUB
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 2788

(By Delegates Perry, Staggers, Williams, Ennis,

Talbott, Perdue, Frazier, Fragale, Miley and Caputo)
(Originating in the House Committee on the Judiciary)


[March 11, 2009]


A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto one new section, designated §61-2-29a, all relating to a care giver causing financial harm or physical injury to an incapacitated adult; defining terms; establishing and revising criminal penalties for neglect and abuse causing injury and serious injury to an incapacitated adult; and revising current penalties for misappropriation or misuse of funds or assets of an incapacitated adult.
Be it enacted by the Legislature of West Virginia:
That §61-2-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §61-2-29a, all to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-29. Abuse or neglect of incapacitated adult.

(a) The following words when As used in this section have the meaning ascribed, unless the context clearly indicates otherwise: and section twenty-nine-a of this article, unless used in a context that clearly requires a different meaning, the term:
(1) "Abuse" means the infliction or threat to inflict physical pain or injury on an incapacitated adult or elder person.
(1) "Abuse" means: (i) attempting to cause bodily injury, intentionally causing bodily injury, or intentionally placing another in fear of imminent bodily harm; or (ii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause bodily injury to an incapacitated adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the incapacitated adult;
(2) "Bodily injury" means substantial physical pain, illness or any impairment of physical condition;
(2)(3) "Caregiver" means an adult who has or shares actual physical possession or care of an incapacitated adult or elder person incapacitated adult on a full-time or temporary basis, regardless of whether such person has been designated as a guardian or custodian of such adult the incapacitated 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;
(3) "Neglect" means: (i) The failure to provide the necessities of life to an incapacitated adult or elder person 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 or elder person.
(4) "Incapacitated adult" means any person who by reason of advanced age, physical, mental or other infirmity is unable to physically carry on the daily activities of life necessary to sustaining life and reasonable health;
(5) "Elder" means a person age sixty-five years or older;
(6) "Bodily injury" means substantial physical pain, illness or any impairment of physical condition; and
(7) "Custodian" means a person over the age of eighteen years who has or shares actual physical possession of care and custody of an elder person on a full-time or temporary basis, regardless of whether the person has been granted custody of the elder person by any contract, agreement or legal proceeding.
(5) "Neglect" means the unreasonable failure by a caregiver to provide the care necessary to assure the physical safety or health of a incapacitated adult; and
(6) "Serious bodily injury" means bodily injury which creates a substantial risk of death, causes serious or prolonged disfigurement, prolonged impairment of physical health or prolonged loss or impairment of the function of any bodily organ.
(b) Any person, caregiver, guardian or custodian who neglects an incapacitated adult or elder person, 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 or regional jail for not less than ninety days nor more than one year, or both fined and imprisoned.
(b) Any caregiver who abuses or neglects an incapacitated adult and causes bodily injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or shall be fined not less than $100 nor more than $1,000, or both fined and confined.
(c) Any person, caregiver, guardian or custodian who intentionally and maliciously abuses or neglects an incapacitated adult or elder person incapacitated adult and causes bodily injury, is guilty of a felony and, upon conviction thereof, shall in the discretion of the court, be confined in a state correctional facility for not less than two nor more than ten years be imprisoned in a state correctional facility not less than one nor more than three years, and be fined not more than $1,000.
(d) Any caregiver who intentionally and maliciously abuses or neglects an incapacitated adult causing serious bodily injury is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than fifteen years, and be fined not more than $5,000.
nor more than fifteen years, and be fined not more than $5,000.
(d) If any person, caregiver, guardian or custodian of an elder person or incapacitated adult, willfully misappropriates or misuses the funds or assets of an incapacitated adult or elder person for the person's, caregiver's, guardian's, or custodian's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, he or she is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and incarcerated in a correctional facility not less than two nor more than ten years.
(e) If any person, caregiver, guardian or custodian of an elder person or incapacitated adult, by means of deception, intimidation, coercion, infliction of bodily injury or threats of the infliction of bodily injury, willfully misappropriates or misuses the funds or assets of an incapacitated adult or elder person for the person's, caregiver's, guardian's, or custodian's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, he or she is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and incarcerated in a correctional facility not less than five nor more than fifteen years.
(f) (e) Nothing in this article shall be construed to mean an incapacitated 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.
(f) Nothing in this article shall be construed to mean an incapacitated adult is abused or neglected if deprivation of life-sustaining treatment or other act has been provided for by the West Virginia Health Care Decisions Act, pursuant to article thirty, chapter sixteen of this code.
§61-2-29a. Unlawful expenditure or dissipation of funds of an incapacitated adult by as caregiver.

(a) A caregiver of an incapacitated adult who intentionally misappropriates or misuses the funds or assets of an incapacitated adult in the amount of less than $1,000 in value for the caregiver's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail no more than one year, or both fined and confined.
(b) A caregiver of an incapacitated adult who intentionally misappropriates or misuses the funds or assets of an incapacitated adult in the amount of $1,000 or more in value for the caregiver's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, is guilty of a felony and, upon conviction thereof shall be imprisoned in a correctional facility not less than one nor more than ten years and, shall be fined not more than $5,000.
(c) A caregiver of an incapacitated adult, who by means of intentional intimidation, coercion, infliction of bodily injury or threats of the infliction of bodily injury to an incapacitated adult, willfully misappropriates or misuses for the caregiver's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than five nor more than fifteen years, and fined not more than $5,000.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***