Abusing or neglecting an incapacitated elderly person in West Virginia could turn into a more serious offense if a bill Sen. Bill Laird led to Senate passage becomes law.
Laird took the Senate floor to encourage support for the proposal that puts abuse or neglect resulting in serious injury or death on par with identical offenses perpetrated on children.
If the outcome of such abuse or neglect is death, the crime is akin to second-degree murder under the Laird bill, which cleared on a 34-0 vote.
Laird told his Senate colleagues the intent is to plug “a serious hole” in state code.
“The need for this legislation has been validated by my prior experience in the law enforcement profession.”
He discovered state code was “wholesalely inadequate” to hold criminals responsible in the deaths of incapacitated elderly people while relying on custodians, caregivers or guardians for life’s basic needs.
Full Article and Source:
Laird’s elderly abuse, neglect bill clears Senate
See also:
Increasing Criminal Penalties for Guardian Misuse
Laird took the Senate floor to encourage support for the proposal that puts abuse or neglect resulting in serious injury or death on par with identical offenses perpetrated on children.
If the outcome of such abuse or neglect is death, the crime is akin to second-degree murder under the Laird bill, which cleared on a 34-0 vote.
Laird told his Senate colleagues the intent is to plug “a serious hole” in state code.
“The need for this legislation has been validated by my prior experience in the law enforcement profession.”
He discovered state code was “wholesalely inadequate” to hold criminals responsible in the deaths of incapacitated elderly people while relying on custodians, caregivers or guardians for life’s basic needs.
Full Article and Source:
Laird’s elderly abuse, neglect bill clears Senate
See also:
Increasing Criminal Penalties for Guardian Misuse
“The need for this legislation has been validated by my prior experience in the law enforcement profession.”
ReplyDeleteApplause and standing ovation to: Sen. Bill Laird a person who speaks from personal experience, a person from the front lines.
My faith in law makers has been restored, now that custodians, caregivers and guardians / conservators will be on notice that they will be held accountable for their actions and inactions.
Thank You Senator Laird! I hope these laws are a model for the other 49.
Law on the books does not guarantee relief from abuses. Often, the law is not enforced.
ReplyDeleteAgreed.
ReplyDeleteLegislation is step 1, strict enforcement with follow-up procedures is step 2.
Good start!
ReplyDeleteNow if we can just get them to understand that guardians abuse elders, we're on our way!
Right, Anonymous 1 -- enforcement is critical.
ReplyDeleteThe law is the start and then enforcement is needed or the law means nothing.
Thanks to the Senator for bringing the matter to attention. True, laws are not necessarily enforced. What we need is one that eliminates 'self policing' by attorneys and judges.
ReplyDeleteI hope this is just the beginning!
ReplyDelete