ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4433
(By Mr. Speaker, Mr. Kiss, and Delegates Pino,
Webb, Stemple, Schadler, Craig and Amores)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §61-2-29 of the code of West Virginia,
1931, as amended, relating to abuse or neglect of an
incapacitated adult; adding the crimes of abuse and neglect of
an elder person age sixty-five years or older and the crime of
misuse and misappropriation of the funds or assets of an elder
person; and creating the crime of misuse or misappropriation
of the funds or assets of an elder person through deception,
intimidation, coercion, the infliction of bodily injury or the
threat of bodily injury; and penalties.
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 to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-29. Abuse or neglect of incapacitated adult; abuse or
neglect of elder person; misappropriation or misuse
of assets or funds of elder person; misappropriation
or misuse of assets or funds of elder person through
deception, intimidation, coercion, bodily injury or
threats of bodily injury; penalties.
(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 or elder person;
(2) "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;
(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
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.
(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.
(c) Any person, caregiver, guardian or custodian who
intentionally abuses or neglects an incapacitated adult or elder
person 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.
(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 five thousand
dollars 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 five thousand
dollars and incarcerated in a correctional facility not less than
five nor more than fifteen years.
(f) 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.
Email
Webmaster | © 2024 West Virginia Legislature **
