Chapter 175

2006 -- H 7226 SUBSTITUTE A

Enacted 06/26/06

A N A C T

RELATING TO CRIMINAL OFFENSES -- ASSAULTS

Introduced By: Representatives Naughton, Slater, Pacheco, Gallison, and Williams

Date Introduced: February 14, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-5-10.2, 11-5-11 and 11-5-12 of the General Laws in Chapter

11-5 entitled "Assaults" are hereby amended to read as follows:

11-5-10.2. Assault on persons who are severely impaired causing serious bodily

injury. -- Assault on persons with severe impairments causing serious bodily injury. -- (a)

Any person who shall commit an assault or battery, or both, upon a person who is severely

impaired, with severe impairments causing serious bodily injury, shall be deemed to have

committed a felony and shall be imprisoned for not less than two (2) years but not more than

twenty (20) years, or fined not more than five thousand dollars ($5,000), or both. Every person so

convicted shall be ordered to make restitution to the victim of the offense or to perform up to five

hundred (500) hours of public community restitution work, or both, or any combination of them

imposed by the sentencing judge. The court may not waive the obligation to make restitution

and/or public community restitution work. The restitution and/or public community restitution

work shall be in addition to any fine or sentence which may be imposed and not in lieu of the fine

or sentence.

      (b) "Serious bodily injury" means physical injury that:

      (1) Creates a substantial risk of death, serious disfigurement;

      (2) Causes protracted loss or impairment of the function of any bodily part, member or

organ; or

      (3) Causes serious permanent disfigurement.

      (c) For the purposes of this section,:

(1) "adult" means a person over the age of eighteen (18).

(2) "major life activities" means: (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) "severely impaired person with severe impairments" means a child or adult 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 one or more major life

activities.

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

(e) After July 1, 2007 pursuant to section 40-8.5-2, the local police department may

request the department of mental health, retardation, and hospitals provide crisis intervention

services for the adult victim with severe impairments when:

(1) necessary to ensure the immediate health and safety of the adult victim; and

(2) the adult victim relies on the person believed to have committed the assault and/or

battery, for assistance in performing three (3) or more major life activities.

11-5-11. Assault on persons who are mentally retarded or severely impaired. --

Assault on persons with severe impairments. -- (a) For the purposes of this section, "person

who is mentally retarded" means a child or adult who has a mental disability which is attributable

to:

(1) Mental retardation or autism; or

(2) Any other condition of a person found to be closely related to mental retardation

because the condition results in similar impairment of general intellectual functioning or adaptive

behavior to that of persons who are mentally retarded or requires treatment and services similar to

those required for such persons, and which constitutes a substantial limitation on the person's

ability to function normally in society.

(b) For the purposes of this section,:

(1) "adult" means a person over the age of eighteen (18).

(2) "major life activities" means: (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) "person who is severely impaired with severe impairments" means a child or adult

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

mental and physical impairments which results in a substantial limitation on the person's ability to

function independently in the family or community and in one or more major life activities. The

phrase "severely impaired" includes a person who is mentally retarded as defined in subsection

(a) of this section.

(c)(b) Any person who shall commit an assault and battery upon a person who is

severely impaired as defined in subsection (b)(a) of this section, causing bodily injury, shall be

deemed to have committed a felony and shall be imprisoned not exceeding five (5) years, or fined

not exceeding two thousand dollars ($2,000), or both.

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

(d) After July 1, 2007 pursuant to section 40-8.5-2, the local police department may

request the department of mental health, retardation, and hospitals provide crisis intervention

services for the adult victim with severe impairments when:

(1) necessary to ensure the immediate health and safety of the adult victim; and

(2) the adult victim relies on the person believed to have committed the assault and/or

battery, for assistance in performing three (3) or more major life activities.

11-5-12. Abuse and neglect of adults with severe impairments. – Abuse, neglect

and/or exploitation 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, 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) one 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" or "caregiver" 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) After July 1, 2007 pursuant to section 40-8.5-2, the local police department may

request the department of mental health, retardation, and hospitals provide crisis intervention

services for the adult victim with severe impairments when:

(1) necessary to ensure the immediate health and safety of the adult victim; and

(2) the adult victim relies on the person believed to have committed the abuse, neglect

and/or exploitation, for assistance in performing three (3) or more major life activities

(d)(e) 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)(f) 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)(g) 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)(h) 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)(i) 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.

     SECTION 2. Chapter 40-8.5 of the General Laws entitled "Health Care for Elderly and

Disabled Residents Act" is hereby amended by adding thereto the following section:

40-8.5-2. Services for adult victims with severe impairments of assault, abuse or

neglect. – Services for adult victims with severe impairments of abuse, neglect and/or

exploitation. -- (a) As used in this section the terms:

(1) "Adult victim with severe impairments" means:

(i) 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 major life activities;

(ii) is an alleged victim of abuse, neglect or exploitation pursuant to section 11-5-12; or

assault pursuant to sections 11-5-10.2 or 11-5-11 by a caregiver of the victim;

(iii) the adult victim relies on the person believed to have committed the abuse, neglect,

and/or exploitation, for assistance in performing three (3) or more major life activities; and

(iv) crisis intervention services are necessary to ensure the immediate health and safety of

the adult victim.

(2) "Crisis intervention services" means the short term provision of health care and

residential services in the immediate hours and days following the abuse, neglect and/or

exploitation of an adult victim with severe impairments;

(3) "Major life activities" mean: (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; and

(4) "Supportive services" means longer term support services for an adult victim with

severe impairments, and when appropriate that victim's family.

(b) After July 1, 2007, local police departments may request the department of mental

health, retardation, and hospitals provide crisis intervention services for the adult victim with

severe impairments when:

(1) necessary to ensure the immediate health and safety of the adult victim; and

(2) the adult victim with severe impairments relies on the person believed to have

committed the abuse, neglect and/or exploitation for assistance in performing three (3) or more

major life activities.

(c)(1) If the department of mental health, retardation, and hospitals determines that longer

term supportive services are necessary, the victim and when appropriate that victim's family will

be referred to the public and private agencies and departments whose supportive services are

within its statutory and/or regulatory responsibility, as are needed by the victim.

(2) In developing the supportive services care plan, the adult victim with severe

impairments' rights to self-determination and lifestyle preferences commensurate with his or her

needs shall be of prime consideration.

(3) If the adult victim with severe impairments withdraws consent or refuses to accept

crisis intervention or supportive services, the services shall not be provided.

(d) The department of human services if hereby authorized to seek federal approval of a

state plan amendment to its title XIX state plan to initiate crisis intervention services and support

services for adults who qualify for title XIX services and are victims of severe impairments of

abuse, assault, neglect or exploitation.

     SECTION 3. This act shall take effect upon passage.

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LC01067/SUB A/2

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