SB 54
Establishing criminal penalties for abuse or neglect of incapacitated adults
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill creates criminal penalties for abuse and neglect of incapacitated adults in West Virginia. It defines key terms like ‘abuse,’ ‘neglect,’ and ‘incapacitated adult,’ and establishes varying levels of misdemeanor and felony charges depending on the severity of the actions and whether malice is involved. Notably, the bill removes the element of malice in felony charges for caregivers who cause the death of an incapacitated adult due to actions resulting in injury.
Key provisions
- Defines ‘abuse,’ ‘neglect,’ and ‘incapacitated adult’ for legal purposes.
- Establishes misdemeanor penalties for neglect and abuse, with fines and potential jail time.
- Creates felony penalties for intentional and malicious abuse or neglect resulting in bodily injury or death.
- Specifies different prison sentences based on the severity of the injury (e.g., serious bodily injury vs. death).
- Removes the requirement of ‘malice’ for caregivers whose actions unintentionally lead to the death of an incapacitated adult.
- Addresses gross neglect, defining it as reckless or intentional inaction that disregards an incapacitated adult’s well-being.
- Includes provisions to exclude actions related to spiritual treatment and healthcare decisions as abuse or neglect.
- Clarifies that the bill’s provisions do not apply when medical care conflicts with religious beliefs.
Who is affected
- Incapacitated adults
- Caregivers (including family members, facility staff, and other providers)
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