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HF 207

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; creating new penalties for criminal neglect of
a vulnerable adult; amending Minnesota Statutes 2006, section 609.233,
subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 609.233, subdivision 1, is amended to read:


Subdivision 1.

Crime.

A caregiver or operator who intentionally neglects a
vulnerable adult or knowingly permits conditions to exist that result in the abuse or
neglect of a vulnerable adult is guilty of deleted text begin a gross misdemeanordeleted text end new text begin criminal neglect and may
be sentenced as provided in subdivision 3
new text end . For purposes of this section, "abuse" has the
meaning given in section 626.5572, subdivision 2, and "neglect" means a failure to provide
a vulnerable adult with necessary food, clothing, shelter, health care, or supervision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.233, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) Except as provided in paragraph (b), a caregiver or operator
who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both.
new text end

new text begin (b) A caregiver, who is an individual and has responsibility for the care of a
vulnerable adult as a result of a family relationship, may be sentenced as follows:
new text end

new text begin (1) if a violation of subdivision 1 results in the death of a vulnerable adult, to
imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both; or
new text end

new text begin (2) if a violation of subdivision 1 results in substantial bodily harm or the risk of
death, to imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end