When it comes to punishment for abuse and neglect resulting in death, West Virginia law makes a distinction between children and the elderly, and Sen. Bill Laird thinks that is wrong.
Moving to erase the disparity, Laird offered a bill that would impose the same penalties on anyone abusing or neglecting an incapacitated adult to the point of death.
That means instead of going to prison for two to 10 years, the guilty would be looking at a stretch of 10 to 40 years under SB240.
In short, his legislation would subject anyone allegedly violating the enhanced law to a charge of second-degree murder if the abuse or neglect resulted in death.
In some instances, the safety and welfare of incapacitated adults is left in the hands of caregivers. While relatives quickly come to mind, the former sheriff noted anyone who assumes the responsibility for the care of an elderly person, such as acting in a fiduciary capacity, would be covered.
Neglect covers such omissions as denying the incapacitated food, water and other necessities of life — issues they cannot provide on their own.
Laird : “The premise of this bill is that incapacitated elderly persons are just as much vulnerable to abuse and neglect issues as would be certainly our children.”
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Laird offers bill to stiffen penalties for elder abuse, neglect
Moving to erase the disparity, Laird offered a bill that would impose the same penalties on anyone abusing or neglecting an incapacitated adult to the point of death.
That means instead of going to prison for two to 10 years, the guilty would be looking at a stretch of 10 to 40 years under SB240.
In short, his legislation would subject anyone allegedly violating the enhanced law to a charge of second-degree murder if the abuse or neglect resulted in death.
In some instances, the safety and welfare of incapacitated adults is left in the hands of caregivers. While relatives quickly come to mind, the former sheriff noted anyone who assumes the responsibility for the care of an elderly person, such as acting in a fiduciary capacity, would be covered.
Neglect covers such omissions as denying the incapacitated food, water and other necessities of life — issues they cannot provide on their own.
Laird : “The premise of this bill is that incapacitated elderly persons are just as much vulnerable to abuse and neglect issues as would be certainly our children.”
Full Article and Source:
This is great news and the stiff sentence, if found guilty:
ReplyDelete"That means instead of going to prison for two to 10 years, the guilty would be looking at a stretch of 10 to 40 years under SB240"
10-40 years sends a message that society will not tolerate abuse including fiduciaries and that includes ---- guardians.
Hooray for Sen. Laird!
ReplyDeleteWe must stand behind him.
Thank you for posting this information!
It still would be very difficult to prove. Our case has so much documentation but authorities look right through it.
ReplyDeleteThey tend to resort to "normal decline" for just about everything.
It would be good to see, though.