09 LC
33 3210S
The
Senate Health and Human Services Committee offered the following substitute to
HB 457:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to
protection of disabled adults and elder persons, so as to revise the definition
of the term "disabled adult"; to provide that certain acts against disabled
adults in long-term care facilities are unlawful; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 30 the Official Code of Georgia Annotated, relating to protection of
disabled adults and elder persons, is amended by revising paragraph (6) of Code
Section 30-5-3, relating to definitions, as follows:
"(6)
'Disabled adult' means a person 18 years of age or older who is not a resident
of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31,
but who is mentally or physically incapacitated
or has
dementia or a related cognitive
impairment."
SECTION
2.
Said
chapter is further amended by revising Code Section 30-5-8, relating to criminal
offenses and penalties, as follows:
"30-5-8.
(a)(1)
In addition to any other provision of law, the abuse, neglect, or exploitation
of any disabled adult or elder person shall be unlawful.
(2)
In addition to any other provision of law, it shall be unlawful for a person to
act with the specific intent to abuse, neglect, or commit exploitation of any
disabled adult. For purposes of this paragraph only, the term 'disabled adult'
means a person 18 years of age or older who is:
(A)
A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of
Title 31; and
(B)
Mentally or physically incapacitated or has dementia or a related cognitive
impairment.
A
long-term care facility shall not be held criminally liable for the actions of a
person who is convicted pursuant to this paragraph. Nothing in this paragraph
shall be construed to preempt any other law or to deny to any individual any
rights or remedies which are provided under any other law.
(2)(3)
Except as otherwise provided in Title 16, any person violating the provisions of
this subsection shall be guilty of a felony and, upon conviction, shall be
punished by imprisonment for not less than one nor more than five years.
(b)(1)
It shall be unlawful for any person or official required by paragraph (1) of
subsection (a) of Code Section 30-5-4 to report a case of disabled adult or
elder person abuse to fail knowingly and willfully to make such
report.
(2)
Any person violating the provisions of this subsection shall be guilty of a
misdemeanor.
(c)
Any violation of this Code section shall constitute a separate
offense."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.