HB 1520-FN - AS INTRODUCED
2000 SESSION
05/09
HOUSE BILL 1520-FN
AN ACT relative to criminal neglect of elderly, disabled, or incapacitated persons.
SPONSORS: Rep. P. Katsakiores, Rock 13; Rep. Francoeur, Rock 22; Rep. Dalrymple, Rock 26; Rep. Martel, Hills 45; Rep. M. Downing, Rock 26; Sen. D'Allesandro, Dist 20; Sen. Krueger, Dist 16
COMMITTEE: Criminal Justice and Public Safety
This bill creates criminal penalties for neglect of elderly, disabled, or incapacitated adults.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2429
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to criminal neglect of elderly, disabled, or incapacitated persons.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Criminal Neglect of Elderly, Disabled, or Incapacitated Persons. Amend RSA 631 by inserting after section 7 the following new section:
631:8 Criminal Neglect of Elderly, Disabled, or Incapacitated Persons.
I. In this section:
(a) "Adult" means any person who is 18 years of age or older.
(b) "Caregiver" means any person who has been entrusted with or has assumed the responsibility voluntarily, by contract or by order of the court, for frequent and regular care of or services to an elderly, disabled, or incapacitated adult, including subsistence, medical, custodial, personal or other care, on a temporary or permanent basis. "Caregiver" includes, but is not limited to, relatives, household members, guardians, neighbors, and employees and volunteers of facilities as defined in this section. The term "caregiver" shall not include law enforcement officers or employees of municipal or county detention facilities or the department of corrections while acting in an official capacity.
(c) "Disabled adult" means an adult who has a diagnosed physical or mental impairment.
(d) "Elderly adult" means an individual who is 60 years of age or older.
(e) "Facility" means any location providing day or residential care or treatment for disabled adults or elderly persons. The term "facility" includes, but is not limited to, any hospital, training center, state institution, nursing home, assisted living facility, adult family care home, adult day care center, group home, mental health treatment center, or home health care provider.
(f) "Incapacitated adult" means any adult who suffers from an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, memory loss, or other cause, that causes an adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the adult's person or property.
(g) "Neglect" means the failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the health of an elderly, disabled, or incapacitated adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider necessary for the well-being of an elderly, disabled, or incapacitated adult. The term "neglect" also means the failure of a caregiver to make a reasonable effort to protect a disabled adult or an elderly person from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in bodily injury.
(h) "Person" means any natural person, corporation, trust, partnership, unincorporated association, or any other legal entity.
(i) "Serious bodily injury" means serious bodily injury as defined in RSA 625:11, VI.
II. Any caregiver who purposely causes serious bodily injury by neglect of an elderly, disabled, or incapacitated adult shall be guilty of a class A felony.
III. Any caregiver who purposely causes bodily injury by neglect of an elderly, disabled, or incapacitated adult shall be guilty of a class B felony.
IV. Any caregiver who knowingly or recklessly causes serious bodily injury by neglect of an elderly, disabled, or incapacitated adult shall be guilty of a class B felony.
V. Any caregiver who knowingly or recklessly causes bodily injury by neglect of an elderly, disabled, or incapacitated adult shall be guilty of a class A misdemeanor.
VI. Any caregiver is guilty of reckless conduct as defined in RSA 631:3 if, by neglect of an elderly, disabled, or incapacitated adult, he or she recklessly engages in conduct which places or may place such person in danger of serious bodily injury.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2429
12/16/99
HB 1520-FN - FISCAL NOTE
AN ACT relative to criminal neglect of elderly, disabled, or incapacitated persons.
FISCAL IMPACT:
The Administrative Office of the Courts, Judicial Council and the Department of Corrections have determined this bill may increase state and county expenditures by an indeterminable amount in FY 2001 and each year thereafter. There will be no fiscal impact on local expenditures or on state, county and local revenue.
METHODOLOGY:
The Administrative Office of the Courts stated this bill creates one new category class A felony offense, two categories of class B felony offenses, and one category of class A misdemeanor offense. The Office has determined this legislation will have little, if any, fiscal impact on the Branch as it will not significantly impact caseload.
The Judicial Council assumed that any cases arising from the enactment of this law for which the Indigent Defense Fund may be liable, will, in the first instance be handled by the Public Defender or contract attorneys who accept these cases on a fixed fee basis $250 for each misdemeanor and $687.50 for each felony charge. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 for a misdemeanor and $3,000 for felony cases will apply. If a motion to exceed the fee cap is approved and/or "services other than counsel" are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases or trials which may arise as a result of the passage of this legislation, therefor, they are unable to estimate the dollar amount of the anticipated costs of such representation.
The Department of Corrections is unable to predict how many, if any, individuals would be incarcerated in a state prison as result of this legislation. The average cost of incarceration for FY 1999 was $19,358 per inmate. The average cost of probation/parole supervision was $842 per inmate. The misdemeanor sentences would be served in a county jail, and would result in an indeterminable increase in county expenses.
The Department of Justice has stated it is not possible to determine the fiscal impact on the Department as the number of instances to which this bill would apply are unknown.