This bill aims to amend and reenact sections of the Code of West Virginia concerning the abuse or neglect of incapacitated adults. It introduces new definitions, such as "gross neglect," which refers to reckless or intentional conduct by a caregiver that shows a clear disregard for the health and safety of an incapacitated adult. The bill also modifies existing definitions and penalties, removing the requirement of malice for felony charges related to caregiver actions that result in the death of an incapacitated adult. Specifically, it establishes that caregivers can be charged with felonies for neglect or abuse that leads to serious bodily injury or death, with specified fines and imprisonment terms.

Additionally, the bill clarifies that caregivers who grossly neglect an incapacitated adult, creating a substantial risk of serious bodily injury or death, will face felony charges. It also ensures that caregivers are not held liable for neglect or abuse if their actions are in accordance with the religious beliefs of the incapacitated adult. The overall intent of the bill is to align the legal framework for the protection of incapacitated adults with that of children, thereby enhancing the accountability of caregivers in cases of abuse or neglect.

Statutes affected:
Introduced Version: 61-2-29, 61-2-29a