COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 230
(By Senators Weeks, Yoder, Bailey, Dempsey, Lanham,
Barnes and Jenkins)
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[Originating in the Committee on the Judiciary;
reported March 25, 2005.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-30, relating to
creating a new crime of "involuntary manslaughter by a
caregiver"; and establishing a penalty and statute of
limitations for such crime.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-2-30, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-30. Involuntary manslaughter when person acting as
caregiver; penalties.
(a) The following words when used in this section have the
meaning ascribed, unless the context clearly indicates otherwise:
(1) "Caregiver" means an adult who has or shares actual physical possession or care of an incapacitated adult or elder
person 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. Caregiver includes health
care providers, family members and any person who otherwise
voluntarily accepts a supervisory role towards an incapacitated
adult or elder person;
(2) "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;
(3) "Elder" means a person age sixty-five years or older;
(b) Any caregiver convicted under section five of this chapter
who was acting as caregiver of the victim at the time of the
commission of the crime and the crime would not have occurred but
for the defendant's lack of adequate care for the victim, shall be
confined in a correctional facility not less than ninety days nor
more than one year, or fined not more than one thousand dollars, or
both. Notwithstanding other provisions of this code, the statute
of limitations for a violation of this section shall be two years
provided that the offense occurs after the first day of July, two
thousand five.
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(NOTE: The purpose of this bill is to establish a new crime
of involuntary manslaughter by a caregiver, provide penalties for
such crime and establish a statute of limitations for such crime.
§61-2-30 is new; therefore, strike-throughs and underscoring
have been omitted.)
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