Print Friendly HOUSE BILL NO. 442
– Vulnerable adult, exploit, definitn
HOUSE BILL NO. 442
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H0442.................................................by HEALTH AND WELFARE
VULNERABLE ADULTS - Amends existing law relating to vulnerable adults to
revise the definition of "exploitation" or "exploit."
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
Woude, Wills, Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Mr. Speaker
Floor Sponsor - Mathews
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Health/Wel
02/27 Rpt out - Ref'd to Jud
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Jorgenson
Floor Sponsor - Kelly
Title apvd - to House
03/17 To enrol - Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/19 Governor signed
Session Law Chapter 209
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 442
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO VULNERABLE ADULTS; AMENDING SECTION 18-1505, IDAHO CODE, TO REVISE
3 A DEFINITION; AND AMENDING SECTION 39-5302, IDAHO CODE, TO REVISE A DEFI-
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-1505, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-1505. ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT. (1) Any
9 person who abuses or neglects a vulnerable adult under circumstances likely to
10 produce great bodily harm or death is guilty of a felony punishable by impris-
11 onment for not more than ten (10) years and not more than a twenty-five thou-
12 sand dollar ($25,000) fine.
13 (2) Any person who abuses or neglects a vulnerable adult under circum-
14 stances other than those likely to produce great bodily harm or death is
15 guilty of a misdemeanor.
16 (3) Any person who exploits a vulnerable adult is guilty of a misde-
17 meanor, unless the monetary damage from such exploitation exceeds one thousand
18 dollars ($1,000), in which case the person is guilty of a felony punishable by
19 imprisonment for not more than ten (10) years and not more than a twenty-five
20 thousand dollar ($25,000) fine.
21 (4) As used in this section:
22 (a) "Abuse" means the intentional or negligent infliction of physical
23 pain, injury or mental injury. Intentional abuse shall be punished under
24 subsection (1) or (2) of this section depending upon the harm inflicted.
25 Abuse by negligent infliction shall only be punished under subsection (2)
26 of this section.
27 (b) "Caretaker" means any individual or institution that is responsible
28 by relationship, contract or court order to provide food, shelter or
29 clothing, medical or other life-sustaining necessities to a vulnerable
31 (c) "Exploitation" or "exploit" means an action which may include, but is
32 not limited to, the misuse unjust or improper use of a vulnerable adult's
33 financial power of attorney, funds, property or resources by another per-
34 son for profit or advantage.
35 (d) "Neglect" means failure of a caretaker to provide food, clothing,
36 shelter or medical care to a vulnerable adult, in such a manner as to
37 jeopardize the life, health and safety of the vulnerable adult.
38 (e) "Vulnerable adult" means a person eighteen (18) years of age or older
39 who is unable to protect himself from abuse, neglect or exploitation due
40 to physical or mental impairment which affects the person's judgment or
41 behavior to the extent that he lacks sufficient understanding or capacity
42 to make or communicate or implement decisions regarding his person.
43 (5) Nothing in this section shall be construed to mean a person is
1 abused, neglected or exploited for the sole reason he is relying upon treat-
2 ment by spiritual means through prayer alone in accordance with the tenets and
3 practices of a recognized church or religious denomination; nor shall the pro-
4 visions of this section be construed to require any medical care or treatment
5 in contravention of the stated or implied objection of such a person.
6 (6) Nothing in this section shall be construed to mean that an employer
7 or supervisor of a person who abuses, exploits or neglects a vulnerable adult
8 may be prosecuted unless there is direct evidence of a violation of this stat-
9 ute by the employer or supervisor.
10 SECTION 2. That Section 39-5302, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-5302. DEFINITIONS. For the purposes of this chapter:
13 (1) "Abuse" means the intentional or negligent infliction of physical
14 pain, injury or mental injury.
15 (2) "Caretaker" means any individual or institution that is responsible
16 by relationship, contract, or court order to provide food, shelter or cloth-
17 ing, medical or other life-sustaining necessities to a vulnerable adult.
18 (3) "Commission" means the Idaho commission on aging, established pursu-
19 ant to chapter 50, title 67, Idaho Code.
20 (4) "Contractor" means an area agency on aging and its duly authorized
21 agents and employees providing adult protection services pursuant to a con-
22 tract with the commission in accordance with section 67-5011, Idaho Code. The
23 commission designates area agencies on aging pursuant to 42 U.S.C.A.
24 3025(a)(2)(A) and may establish by rule when duties or obligations under this
25 chapter may be fulfilled by an area agency on aging.
26 (5) "Department" means the Idaho department of health and welfare.
27 (6) "Emergency" means an exigent circumstance in which a vulnerable
28 adult's health and safety is placed in imminent danger. Imminent danger is
29 when death or severe bodily injury could reasonably be expected to occur with-
30 out intervention.
31 (7) "Exploitation" means an action which may include, but is not limited
32 to, the misuse unjust or improper use of a vulnerable adult's financial power
33 of attorney, funds, property, or resources by another person for profit or
35 (8) "Neglect" means failure of a caretaker to provide food, clothing,
36 shelter or medical care reasonably necessary to sustain the life and health of
37 a vulnerable adult, or the failure of a vulnerable adult to provide those ser-
38 vices for himself.
39 (9) "Supportive services" means noninvestigatory remedial, social, legal,
40 health, educational, mental health and referral services provided to a vulner-
41 able adult.
42 (10) "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 to
44 physical or mental impairment which affects the person's judgment or behavior
45 to the extent that he lacks sufficient understanding or capacity to make or
46 communicate or implement decisions regarding his person.
47 Nothing in this chapter shall be construed to mean a person is abused,
48 neglected, or exploited for the sole reason he is relying upon treatment by
49 spiritual means through prayer alone in accordance with the tenets and prac-
50 tices of a recognized church or religious denomination; nor shall the provi-
51 sions of this chapter be construed to require any medical care or treatment in
52 contravention of the stated or implied objection of such a person.
STATEMENT OF PURPOSE
This legislation modifies Sections 18-1505(4)(c) and 39-5302(7), Idaho Code,
to clarify that unjust or improper use of a vulnerable adult's financial power
of attorney falls within the definition of exploitation because it is a misuse
of a vulnerable adult's funds, property, or resources. Idaho's Adult Protection
investigators and many private attorneys receive complaints involving such unjust
or improper use of a financial power of attorney. Although misuse of a vulnerable
adult's financial power of attorney certainly qualifies as exploitation of the
vulnerable adult, when these cases are reported to law enforcement and county
prosecutors, they are often improperly characterized by law enforcement, city
attorneys, and county prosecutors as civil matters not subject to criminal
prosecution. This modification is proposed so that there is no question that
unjust or improper use of a vulnerable adult's financial power of attorney falls
within the definition of exploitation.
None. The modification does not expand the definition of exploitation; it merely
clarifies that misuse of financial powers of attorney are within such definition.
Name: Rep. Russ Mathews
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 442