Chapter 169

2006 -- S 2185 AS AMENDED

Enacted 06/23/06

A N A C T

RELATING TO ASSAULTS

Introduced By: Senators McCaffrey, Walaska, and Polisena

Date Introduced: January 26, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-5-12 of the General Laws in Chapter 11-5 entitled "Assaults" is

hereby amended to read as follows:

11-5-12. Abuse and neglect of adults with severe impairments. -- (a) Any person

primarily responsible for the care of an adult with severe impairments who shall willfully and

knowingly abuse, neglect or exploit that adult: (1) shall be subject to a fine of not more than three

two thousand dollars ($3,000) ($2,000), or imprisoned not more than one year five years, or both,

and ordered to make full restitution of any funds as the result of any exploitation which results in

the misappropriation of funds. Every person convicted of or placed on probation for violation of

this section or whose case is filed pursuant to section 12-10-12 where the defendant pleads nolo

contendere shall be ordered by the sentencing judge to attend appropriate professional counseling

to address his or her abusive behavior; and (2) upon a conviction for a second or subsequent

violation shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned

not more than three (3) years, or both, and ordered to make full restitution of any funds obtained

as the result of any exploitation which results in the misappropriation of funds. Every person

convicted of or placed on probation for violation of this section or whose case is filed pursuant to

section 12-10-12 where the defendant pleads nolo contendere shall be ordered by the sentencing

judge to attend appropriate professional counseling to address his or her abusive behavior.

      (b) As used in this section:

      (1) "Abuse" means the subjection of an adult with a severe impairment to willful

infliction of physical pain, willful deprivation of services necessary to maintain the physical or

mental health of the person, or unreasonable confinement.

      (2) "Adult with severe impairments" means a person over the age of eighteen (18) who

has a disability which is attributable to a mental or physical impairment or combination of mental

and physical impairments and results in substantial functional limitations in three (3) or more of

the following areas of major life activity: (i) mobility; (ii) self-care; (iii) communication; (iv)

receptive and/or expressive language; (v) learning; (vi) self-direction; (vii) capacity for

independent living; or (viii) economic self-sufficiency.

      (3) "Exploitation" means an act or process of taking pecuniary advantage of impaired

persons by use of undue influence, harassment, duress, deception, false representation, false

pretenses, or misappropriation of funds.

      (4) "Neglect" means the willful refusal to provide services necessary to maintain the

physical or mental health of an adult with severe impairments.

      (5) "Person primarily responsible for care" means any person who is for a significant

period of time the primary caregiver or is primarily responsible for the management of the funds

of an adult with severe impairments.

      (c) Violations of this section shall be reported to the local police department.

      (d) Any person who fails to report known or suspected abuse or neglect shall be guilty of

a misdemeanor and upon conviction shall be subject to a fine of not more than five hundred

dollars ($500).

      (e) Nothing in this section shall be interpreted to apply to the discontinuance of life-

support systems or life-sustaining treatment for an adult for whom, if the treatment were

terminated, death may result.

      (f) Any person participating in good faith in making a report pursuant to this chapter,

excluding any perpetrator or conspirator of the acts, shall have immunity from any civil liability

that might otherwise be incurred or imposed.

      (g) Nothing in this section shall be interpreted to prohibit the use of any medical or

psychological treatment procedure designed and conducted in accordance with applicable

professional standards when performed by appropriately trained personnel under the supervision

of a person or facility licensed or approved by the state of Rhode Island and when any consent as

is required by law has been obtained.

      (h) Nothing in this chapter shall be construed to mean a person is abused or neglected for

the sole reason that the person is being furnished or relies upon treatment by spiritual means

through prayer alone in accordance with the tenets and practices of a church or religious

denomination recognized by the laws of this state.

(i) Nothing in this chapter shall be construed to mean a person is abused or neglected

when the parent or legal guardian of an adult with severe impairments, who is the person

primarily responsible for care of the adult, (1) decides, in good faith, not to accept support

services from a governmental agency, which in the opinion of the parent or legal guardian and the

adult, is considered to be inappropriate or inconsistent with the best interests of that adult; or (2)

decides, in good faith, to reduce or discontinue assistance to that adult who is developing,

acquiring or practicing independent decision-making or living skills.

     SECTION 2. This act shall take effect upon passage.

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LC00661/2

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