Chapter 196
2006 -- H 7228 AS AMENDED
Enacted 06/28/06
A N A C T
RELATING
TO ASSAULTS
Introduced
By: Representatives Naughton, Dennigan, Faria, Rose, and Lima
Date
Introduced: February 14, 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
thousand dollars ($3,000), 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
subject to a fine of not more than five
thousand dollars ($5,000) two thousand dollars
($2,000), or imprisoned not more than three (3)
five (5) 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.
(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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LC00468
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