WEST virginia legislature
2026 regular session
Committee Substitute
for
Senate Bill 54
By Senators Rucker, Tarr, and Deeds
[Reported February 20, 2026, from the Committee on the Judiciary]
A BILL to amend and reenact §61-2-29 and §61-2-29a of the Code of West Virginia, 1931, as amended, relating to abuse or neglect of incapacitated adults; adding definitions; creating criminal penalties; removing the element of malice in felony charges of certain caregiver actions resulting in injury, death, or risk of injury or death of an incapacitated adult; and providing that certain caregiver offenses resulting in injury, death, or risk of injury or death of an incapacitated adult are separate and distinct offenses to other statutory offenses.
Be it enacted by the Legislature of West Virginia:
(a) The following words and phrases have the meanings ascribed to them when used in this section and §61-2-29a and §61-2-29b of this code, have the meaning ascribed unless the context clearly indicates otherwise.
(1) "Abuse" means the intentional infliction of bodily injury on an incapacitated adult.
(2) "Bodily injury" means substantial physical pain, illness, or any impairment of physical condition.
(3) "Caregiver" means any person who has assumed the legal responsibility or a contractual obligation for the care of an incapacitated adult or has voluntarily assumed responsibility for the care of an incapacitated adult. The term includes a facility operated by any public or private agency, organization, or institution which provides services to, and has assumed responsibility for, the care of an incapacitated adult.
"Gross neglect" or “grossly neglects” means reckless or intentional conduct, behavior, or inaction by a caregiver that evidences a clear disregard for the health, safety, or welfare of an incapacitated adult.
(4) "Incapacitated adult" means any person 18 years of age or older who, by reason because of advanced age, physical, mental, or other infirmity, is unable to carry on out the daily activities of life necessary to sustaining life and reasonable health.
(5) "Neglect" means the unreasonable failure by a caregiver to provide the care necessary to assure the physical safety or health of an incapacitated adult. and
(6)"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
(b) A caregiver who neglects an incapacitated adult or who knowingly permits another person to neglect an incapacitated adult is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail for not more than one year, or both fined and confined.
(c) A caregiver who abuses an incapacitated adult or who knowingly permits another person to abuse an the incapacitated adult is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail for not less than 90 days nor more than one year, or both fined and confined.
(d) A caregiver of an incapacitated adult who intentionally and maliciously abuses or neglects an the incapacitated adult and causes the incapacitated adult bodily injury is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and imprisoned in a state correctional facility not less than two years nor more than 10 years.
(e) A caregiver of an incapacitated adult who intentionally and maliciously abuses or neglects an the incapacitated adult and causes the incapacitated adult serious bodily injury is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 and imprisoned in a state correctional facility not less than three years nor more than 15 years.
(f) Any caregiver who abuses or grossly neglects an incapacitated adult and by that abuse or gross neglect creates a substantial risk of serious bodily injury or death to the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000, or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.
(g) Nothing in this section or nor in §61-2-29a of this code shall may 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.
(g)(h) Nothing in this section or nor in §61-2-29a of this code shall may 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 §16-30-1 et seq. of this code.
(i) An offense under this section is a separate and distinct offense in addition to any other offenses set forth in this code.
(a) A caregiver who intentionally and maliciously neglects an incapacitated adult causing death of the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than 15 years.
(b) A caregiver of an incapacitated adult who causes the death of an the incapacitated adult by knowingly allowing any other person to intentionally or maliciously neglect the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than 15 years.
(c) A caregiver of an incapacitated adult who intentionally and maliciously abuses an the incapacitated adult which causes the death of the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than 40 years.
(d) A caregiver of an incapacitated adult who causes the death of an the incapacitated adult by knowingly allowing any other person to intentionally and maliciously abuse an the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than 40 years.
(e) The provisions of this section do not apply to any caregiver or health care provider who, without malice, fails or refuses, or allows another person to, without malice, fail or refuse to supply an incapacitated adult with necessary medical care when the medical care conflicts with the tenets and practices of a recognized religious denomination or order of which the incapacitated adult is an adherent member.
(f) An offense under this section is a separate and distinct offense in addition to any other offenses set forth in this code.