Bill Text: MS HB569 | 2016 | Regular Session | Introduced
Bill Title: Vulnerable person; abuse of is a felony, not misdemeanor, and reckless abuse is also included.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB569 Detail]
Download: Mississippi-2016-HB569-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Beckett
House Bill 569
AN ACT TO AMEND SECTION 43-47-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ABUSE OF A VULNERABLE PERSON IS A FELONY INSTEAD OF A MISDEMEANOR; TO PROVIDE THAT A PERSON IS GUILTY OF ABUSING A VULNERABLE PERSON IF THE ACT OR OMISSION THAT CAUSES THE ABUSE WAS DONE RECKLESSLY, NOT JUST WILLFULLY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-47-19, Mississippi Code of 1972, is amended as follows:
43-47-19. (1) It shall be unlawful for any person to abuse, neglect or exploit any vulnerable person.
(2) (a) Any person who
willfully and/or recklessly commits an act or willfully and/or
recklessly omits the performance of any duty, which act or omission
contributes to, tends to contribute to, or results in neglect, physical pain,
injury, mental anguish, unreasonable confinement or deprivation of services * * *
that are necessary to
maintain the mental or physical health of a vulnerable person, shall be guilty
of a * * *
felony and, upon conviction thereof, shall be punished by a fine * * * of not less than One
Thousand Dollars ($1,000.00) or by * * * not less than
one (1) year in * * * the custody of the Department of Corrections, or
by both such fine and * * *
custody. Any accepted medical procedure performed in the usual scope of
practice shall not be a violation of this subsection.
(b) Any person who willfully exploits a vulnerable person, where the value of the exploitation is less than Two Hundred Fifty Dollars ($250.00), shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment not to exceed one (1) year in the county jail, or by both such fine and imprisonment; where the value of the exploitation is Two Hundred Fifty Dollars ($250.00) or more, the person who exploits a vulnerable person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years.
(3) Any person who willfully and/or recklessly inflicts physical pain or injury upon a vulnerable person shall be guilty of felonious abuse or battery, or both, of a vulnerable person and, upon conviction thereof, may be punished by imprisonment in the State Penitentiary for not more than twenty (20) years.
(4) For any third or subsequent misdemeanor conviction of any person violating any part of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and shall be sentenced to not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections and shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).
(5) Nothing contained in this section shall prevent proceedings against a person under any statute of this state or municipal ordinance defining any act as a crime or misdemeanor.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
