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S1153................................................by JUDICIARY AND RULES
VULNERABLE ADULTS - Amends existing law to revise punishment provisions
applicable to the abuse, exploitation or neglect of a vulnerable adult; to
revise definitions; to clarify applicability; and to revise language
referencing punishment provisions.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Health/Wel
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Schroeder, Stegner,
Werk, Williams
NAYS -- None
Absent and excused -- Langhorst, Pearce, Richardson, Stennett, Sweet
Floor Sponsor - Goedde
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Ellsworth, Eskridge,
Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Mr.
Speaker
NAYS -- None
Absent and excused -- Crow, Edmunson, Field(18), Snodgrass, Wood
Floor Sponsor - Wills
Title apvd - to Senate
03/17 To enrol
03/18 Rpt enrol - Pres signed
03/21 Sp signed
03/22 To Governor
03/28 Governor signed
Session Law Chapter 166
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1153
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO VULNERABLE ADULTS; AMENDING SECTION 18-1505, IDAHO CODE, TO REVISE
3 PUNISHMENT PROVISIONS APPLICABLE TO THE ABUSE, EXPLOITATION OR NEGLECT OF
4 A VULNERABLE ADULT, TO REVISE DEFINITIONS AND TO CLARIFY APPLICABILITY;
5 AMENDING SECTION 18-1505A, IDAHO CODE, TO REVISE A CODE REFERENCE AND TO
6 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 39-5310, IDAHO CODE, TO
7 REVISE LANGUAGE REFERENCING PUNISHMENT PROVISIONS APPLICABLE TO THE ABUSE,
8 EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT AND TO MAKE A TECHNICAL COR-
9 RECTION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 18-1505, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 18-1505. ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT. (1) Any
14 person who abuses, exploits or neglects a vulnerable adult under circumstances
15 likely to produce great bodily harm or death is guilty of a misdemeanor felony
16 punishable by imprisonment for not more than ten (10) years and not more than
17 a twenty-five thousand dollar ($25,000) fine.
18 (2) Any person who abuses or neglects a vulnerable adult under circum-
19 stances other than those likely to produce great bodily harm or death is
20 guilty of a misdemeanor.
21 (3) Any person who exploits a vulnerable adult is guilty of a misde-
22 meanor, unless the monetary damage from such exploitation exceeds one thousand
23 dollars ($1,000), in which case the person is guilty of a felony punishable by
24 imprisonment for not more than ten (10) years and not more than a twenty-five
25 thousand dollar ($25,000) fine.
26 (4) As used in this section:
27 (a) "Abuse" means the intentional or negligent infliction of physical
28 pain, injury or mental injury. Intentional abuse shall be punished under
29 subsection (1) or (2) of this section depending upon the harm inflicted.
30 Abuse by negligent infliction shall only be punished under subsection (2)
31 of this section.
32 (b) "Caretaker" means any individual or institution that is responsible
33 by relationship, contract or court order to provide food, shelter or
34 clothing, medical or other life-sustaining necessities to a vulnerable
35 adult.
36 (c) "Exploitation" or "exploit" means an action which may include, but is
37 not limited to, the misuse of a vulnerable adult's funds, property or
38 resources by another person for profit or advantage.
39 (d) "Neglect" means failure of a caretaker to provide food, clothing,
40 shelter or medical care to a vulnerable adult, in such a manner as to
41 jeopardize the life, health and safety of the vulnerable adult.
42 (e) "Vulnerable adult" means a person eighteen (18) years of age or older
43 who is unable to protect himself from abuse, neglect or exploitation due
2
1 to physical or mental impairment which affects the person's judgment or
2 behavior to the extent that he lacks sufficient understanding or capacity
3 to make or communicate or implement decisions regarding his person.
4 (35) Nothing in this section shall be construed to mean a person is
5 abused, neglected or exploited for the sole reason he is relying upon treat-
6 ment by spiritual means through prayer alone in accordance with the tenets and
7 practices of a recognized church or religious denomination; nor shall the pro-
8 visions of this section be construed to require any medical care or treatment
9 in contravention of the stated or implied objection of such a person.
10 (6) Nothing in this section shall be construed to mean that an employer
11 or supervisor of a person who abuses, exploits or neglects a vulnerable adult
12 may be prosecuted unless there is direct evidence of a violation of this stat-
13 ute by the employer or supervisor.
14 SECTION 2. That Section 18-1505A, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 18-1505A. ABANDONING A VULNERABLE ADULT. (1) Any person who abandons a
17 vulnerable adult, as that term is defined in section 18-1505, Idaho Code, in
18 deliberate disregard of the vulnerable adult's safety or welfare, regardless
19 of whether the vulnerable adult suffered physical harm from the act of aban-
20 donment, shall be guilty of a felony and shall be imprisoned in the state
21 prison for a period not in excess of five (5) years, or by a fine not exceed-
22 ing five thousand dollars ($5,000), or by both such fine and imprisonment. It
23 shall not be a defense to prosecution under the provisions of this section
24 that the perpetrator lacked the financial ability or means to provide food,
25 clothing, shelter or medical care reasonably necessary to sustain the life and
26 health of a vulnerable adult.
27 (2) As used in this section "abandon" means the desertion or willful for-
28 saking of a vulnerable adult by any individual, caretaker as defined by sub-
29 section (24)(b) of section 18-1505, Idaho Code, or entity which has assumed
30 responsibility for the care of the vulnerable adult by contract, receipt of
31 payment of care, any relationship arising from blood or marriage wherein the
32 vulnerable adult has become the dependent of another or by order of a court of
33 competent jurisdiction; provided that abandon shall not mean the termination
34 of services to a vulnerable adult by a physician licensed under chapter 18,
35 title 54, Idaho Code, or anyone under his direct supervision, where the physi-
36 cian determines, in the exercise of his professional judgment, that termina-
37 tion of such services is in the best interests of the patient.
38 SECTION 3. That Section 39-5310, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-5310. REPORT TO LAW ENFORCEMENT -- PROSECUTION. (1) If, as the result
41 of any investigation initiated under the provisions of this chapter, it
42 appears that the abuse, neglect, or exploitation has caused injury or a seri-
43 ous imposition on the rights of the vulnerable adult, the commission shall
44 immediately notify the appropriate law enforcement agency which shall initiate
45 an investigation and shall determine whether criminal proceedings should be
46 initiated against the caretaker or other persons in accordance with applicable
47 state law. Notwithstanding the prohibition against disclosure of names of per-
48 sons associated with the written report of an investigation as provided in
49 section 39-5304, Idaho Code, the commission shall disclose names associated
50 with the written report when notification is made as required in this section.
51 (2) The abuse, neglect, or exploitation of a vulnerable adult is a misde-
3
1 meanor crime under section 18-1505, Idaho Code, and is subject to punishments
2 provided in that section 18-113, Idaho Code, and other applicable state law.
STATEMENT OF PURPOSE
RS 14860
Currently under Idaho law it is only a misdemeanor to
abuse, exploit or neglect a vulnerable adult, even in those
circumstances where great bodily harm or exploitation beyond a
$1,000 of the vulnerable adult exists. This bill would make it
a felony to intentionally abuse a vulnerable adult under
circumstances likely to produce great bodily harm or death, to
neglect a vulnerable adult under circumstances likely to produce
great bodily harm or death, or to exploit a vulnerable adult in
those cases where the monetary damages exceed $1,000.
FISCAL IMPACT
This bill could have an indirect fiscal impact on the
general fund in those cases where the individual is convicted of
the felony and place in the prison setting.
CONTACT:
Name: Senator John W. Goedde
Phone: 334-1330
Name: Michael J. Kane, Idaho Sheriffs Association
Phone: 342-4545
Name: Idaho Prosecuting Attorneys Association
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1153