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Current Status Bill Number:View additional legislative information at the LPITS web site.291 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Holland All Sponsors:Holland, Elliott, Passailaigue, McConnell, Leventis, Reese, Mescher Drafted Document Number:l:\s-jud\bills\holland\jud0009.dhh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Vulnerable adult, abuse or neglect of, felony; Crimes and Offenses, Aging, Residential Care, Social Services History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000328 Co-Sponsor added by Senator Mescher Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 43-35-85 of the 1976 Code is amended to read:
"(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 Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a misdemeanor felony and, upon conviction, must be imprisoned not more than three five years.
(C) A Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a misdemeanor felony and, upon conviction, must be imprisoned not more than three five years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a misdemeanor felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three five years, or both, and may be required by the court to make restitution.
(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.
(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(E) (G) 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) (H) 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.
As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
SECTION 2. This act takes effect upon approval by the Governor.
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