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Current Status Bill Number:View additional legislative information at the LPITS web site.3566 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990218 Primary Sponsor:Jennings All Sponsors:Jennings Drafted Document Number:l:\council\bills\psd\7232ac99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Vulnerable adult, abuse or neglect of; felony, Crimes and Offenses, Aging, Residential Care, Social Services History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990218 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070, AND BY AMENDING SECTION 43-35-85, RELATING TO PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT, SO AS TO MOVE THESE PENALTIES TO SECTION 16-3-1070 IN ORDER TO BE IN THE CHAPTER RELATING TO "OFFENSES AGAINST THE PERSON".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1070. (A) As defined in Chapter 35, Title 43, it is unlawful for a person to knowingly and wilfully:
(1) abuse a vulnerable adult;
(2) neglect a vulnerable adult; or
(3) exploit a vulnerable adult.
(B) Upon conviction, a person who:
(1) violates subsection (A)(1) or (A)(2) is guilty of a misdemeanor and must be imprisoned not more than three years;
(2) violates subsection (A)(3) is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned not more than three years, or both, and may be required to make restitution.
(C) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report of abuse, neglect, or exploitation, a witness, or any other person cooperating with an investigation conducted pursuant to this section or Chapter 35, Title 43, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years.
(D) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to this section or Chapter 35, Title 43, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned for not more than three years."
SECTION 2. Section 43-35-85 of the 1976 Code, as added by Act 110 of 1993, is amended to read:
"Section 43-35-85. (A) A person required to report under this chapter who has actual knowledge that abuse, neglect, or exploitation has occurred and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year. A person required to report under this chapter who has reason to believe that abuse, neglect, or exploitation has occurred or is likely to occur and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is subject to disciplinary action as may be determined necessary by the appropriate licensing board.
(B) A person who knowingly and wilfully abuses, neglects, or exploits a vulnerable adult is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.
(C) A person who knowingly and wilfully neglects a vulnerable adult is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both, and may be required by the court to make restitution.
(E) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years
(F) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to this chapter, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned for not more than three years is guilty of a misdemeanor and upon conviction must be punished as provided for in Section 16-3-1070."
SECTION 3. This act takes effect upon approval by the Governor.
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