ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2084
(By Delegates Riggs and Warner)
[Passed April 8, 1997; in effect ninety days from passage.]
AN ACT to repeal section fifteen, article six, chapter nine of
the code of West Virginia, one thousand nine hundred thirty- one, as amended; and to amend article two, chapter sixty-one
of said code by adding thereto a new section, designated
section twenty-nine, relating to abuse of incapacitated
adults; definitions; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article six, chapter nine of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; and that article two, chapter sixty-one of
said code 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 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 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.