H. B. 2127

(By Delegate Webb)
[Introduced February 14, 2001; 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.