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HOUSE BILL NO. 52

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Daily Data Tracking History

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H0052........................................................by MR. SPEAKER
                  Requested by: Idaho Commission on Aging
VULNERABLE ADULTS - ABUSE - Amends existing law to require the Commission
on Aging to immediately notify the appropriate law enforcement agency of a
complaint of abuse, neglect or exploitation which has caused serious injury
to a vulnerable adult.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Jud
01/30    Rpt out - rec d/p - to 2nd rdg
01/31    2nd rdg - to 3rd rdg
02/03    3rd rdg - PASSED - 67-2-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Bieter, Langhorst
      Absent and excused -- Schaefer(Schaefer)
    Floor Sponsor - Sali
    Title apvd - to Senate
02/04    Senate intro - 1st rdg - to Jud
02/11    Rpt out - to 14th Ord
04/17    Rpt out w/o amendment and w/o rec
    Ret'd to Jud

Bill Text

                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 52
                                                                        
                                       BY MR. SPEAKER
                          Requested by: Idaho Commission on Aging
                                                                        
  1                                        AN ACT
  2    RELATING TO THE COMMISSION ON AGING; AMENDING SECTION 39-5310, IDAHO CODE,  TO
  3        REQUIRE  THE COMMISSION ON AGING TO IMMEDIATELY NOTIFY THE APPROPRIATE LAW
  4        ENFORCEMENT AGENCY OF  A COMPLAINT  OF  ABUSE,  NEGLECT  OR  EXPLOITATION,
  5        WHICH HAS CAUSED SERIOUS INJURY TO A VULNERABLE ADULT.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 39-5310, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        39-5310.  REPORT TO LAW ENFORCEMENT -- PROSECUTION. (1) If, as the  result
 10    of  any  investigation  initiated  under  the  provisions  of this chapter, it
 11    appears that the abuse, neglect, or exploitation has caused serious injury  or
 12    a  serious  imposition  on  the rights of the vulnerable adult, the commission
 13    shall immediately notify the appropriate law enforcement  agency  which  shall
 14    initiate  an  investigation  and  shall determine whether criminal proceedings
 15    should be initiated against the caretaker or other persons in accordance  with
 16    applicable  state  law.  Notwithstanding the prohibition against disclosure of
 17    names of persons associated with the written report  of  an  investigation  as
 18    provided  in  section 39-5304, Idaho Code, the commission shall disclose names
 19    associated with the written report when notification is made  as  required  in
 20    this section.
 21        (2)  The abuse, neglect, or exploitation of a vulnerable adult is a misde-
 22    meanor  under  section 18-1505, Idaho Code, and is subject to punishments pro-
 23    vided in section 18-113, Idaho Code, and other applicable state law.

Statement of Purpose / Fiscal Impact

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                       STATEMENT OF PURPOSE
                             RS 12338
This bill is necessary to set a threshold at which the Idaho
Commission on Aging is required to report to law enforcement
complaints of abuse, neglect or exploitation.  In the past, the
Commission has been required to report all complaints where such
abuse, neglect or exploitation has caused any injury.  This
requirement has required reports to be made to law enforcement
that never reach the level of sustaining a criminal action.  The
Commission has received requests from law enforcement agencies
that only complaints involving serious injury be reported.  The
proposed amendment to Idaho Code Section 39-5310 would give the
Commission the necessary discretion to screen cases that are
reported to law enforcement.

                          FISCAL IMPACT
There is no fiscal impact to the State of Idaho.


Contact
Name: Sarah Scott, Commission on Aging 
Phone: 334-2220




STATEMENT OF PURPOSE/FISCAL NOTE                         H 52