View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 , exploitsor neglects a vulnerable adult under circumstances 15 likely to produce great bodily harm or death is guilty of a misdemeanorfelony 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 meanorcrime 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