The bill amends and reenacts sections 61-2-29 and 61-2-29a of the West Virginia Code, focusing on the abuse, gross neglect, or neglect of incapacitated adults. It expands the definition of individuals who can be charged with these crimes to include all persons, not just caregivers. The bill establishes that caregivers who knowingly allow others to abuse or neglect an incapacitated adult can also face criminal charges. It introduces new criminal offenses and penalties, removes the requirement of malice for felony charges related to abuse or neglect that results in injury or death, and clarifies that offenses resulting in harm to an incapacitated adult are distinct from other statutory offenses.

Additionally, the bill outlines specific penalties for various levels of abuse and neglect, including misdemeanors for neglect and gross neglect, and felonies for actions that result in bodily injury or death. It specifies fines and imprisonment terms for offenders, with harsher penalties for those causing serious bodily injury or death. The bill also includes provisions that protect individuals who act in accordance with religious beliefs regarding medical treatment, ensuring that such actions do not constitute abuse or neglect under the law.

Statutes affected:
Introduced Version: 61-2-29, 61-2-29a
Committee Substitute: 61-2-29, 61-2-29a
Enrolled Committee Substitute: 61-2-29, 61-2-29a