Section 1 amends the vulnerable adult neglect crime. Provides a felony level penalty for a caregiver or operator who intentionally deprives a vulnerable adult of necessary food, clothing, shelter, health care, or supervision when the offender is reasonably able to make the necessary provisions and (1) the offender knows or has reason to know the deprivation could likely result in substantial or great bodily harm, or (2) the deprivation occurred over an extended period of time. For the felony penalty to be applicable, the vulnerable adult must have actually suffered substantial or great bodily harm.
It provides the following penalties:
If the vulnerable adult suffers great bodily harm, the maximum sentence is 10 years imprisonment and/or a $10,000 fine.
If the vulnerable adult suffers substantial bodily harm, the maximum sentence is 5 years imprisonment and/or a $5,000 fine.
Section 1 also provides three new affirmative defenses, applicable to both the new felony penalty and the existing gross misdemeanor crime. The current statutory exemptions are applied to both the new felony penalty and the current gross misdemeanor penalty.
Section 2 amends the crime of unreasonable confinement or restraint of a child. Currently, it is a gross misdemeanor for a parent, guardian, or caretaker to use unreasonable restraint against a child. If the confinement or restraint results in substantial bodily harm, the offense is a five year felony. This section creates a new two year felony-level offense for unreasonable confinement or restraint that results in demonstrable bodily harm. (Demonstrable bodily harm is not defined in statute but courts have defined it as proof of harm between "bodily harm" and "substantial bodily harm," or more specifically, harm that is capable of being perceived by someone else, a visible or apparent injury)