House Bill No. by Representative Wiley aims to create the crime of second degree cruelty to elderly and persons with infirmities, designating it as a crime of violence under Louisiana law. The bill introduces new legal definitions and provisions, specifically enacting R.S. 14:2(B)(63) and 93.3.1. The crime is defined as the intentional or criminally negligent mistreatment or neglect by a caregiver that results in serious bodily injury to an elderly person or someone with an infirmity. The bill also outlines who qualifies as a caregiver and specifies that "elderly" refers to individuals aged sixty or older.
In terms of penalties, the bill stipulates that offenders may face imprisonment at hard labor for up to forty years. If the violation leads to the death of the elderly or infirmed person, the offender will be sentenced to a minimum of five years and a maximum of forty years, with the first five years served without the possibility of parole, probation, or suspension of the sentence. Additionally, the bill provides an affirmative defense for caregivers who provide treatment in accordance with a recognized spiritual healing method instead of medical treatment.