SF 1586

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/04/2012 02:25 p.m.

1.1A bill for an act 1.2relating to public safety; adding a felony-level penalty and affirmative defenses 1.3to the vulnerable adult neglect crime;amending Minnesota Statutes 2010, 1.4sections 609.233; 609.255, subdivision 3. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2010, section 609.233, is amended to read: 1.7609.233 CRIMINAL NEGLECT. 1.8    Subdivision 1. new text begin Gross misdemeanor new text end crime. A caregiver or operator who 1.9intentionally neglects a vulnerable adult or knowingly permits conditions to exist that 1.10result in the abuse or neglect of a vulnerable adult is guilty of a gross misdemeanor. For 1.11purposes of this section, "abuse" has the meaning given in section 626.5572, subdivision 1.122 , and "neglect" means a failure to provide a vulnerable adult with necessary food, 1.13clothing, shelter, health care, or supervision. 1.14     new text begin Subd. 1a. new text end new text begin Felony deprivation. new text end new text begin A caregiver or operator who intentionally deprives a new text end 1.15 new text begin vulnerable adult of necessary food, clothing, shelter, health care, or supervision, when the new text end 1.16 new text begin caregiver or operator is reasonably able to make the necessary provisions, is guilty of a new text end 1.17 new text begin felony and may be sentenced as provided in subdivision 2a, if: new text end 1.18 new text begin (1) the caregiver or operator knows or has reason to know the deprivation could new text end 1.19 new text begin likely result in substantial bodily harm or great bodily harm to the vulnerable adult; or new text end 1.20 new text begin (2) the deprivation occurred over an extended period of time. new text end 1.21    Subd. 2. Exemptions. A vulnerable adult is not neglected new text begin or deprived under new text end 1.22 new text begin subdivision 1 or 1a new text end for the sole reason that: 1.23(1) the vulnerable adult or a person with authority to make health care decisions 1.24for the vulnerable adult under sections 144.651, 144A.44, 253B.03, or 524.5-101 to 2.1524.5-502 , or chapter 145B, 145C, or 252A, refuses consent or withdraws consent, 2.2consistent with that authority and within the boundary of reasonable medical practice, to 2.3any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, 2.4or treat the physical or mental condition of the vulnerable adult or, where permitted under 2.5law, to provide nutrition and hydration parenterally or through intubation; this paragraph 2.6does not enlarge or diminish rights otherwise held under law by: 2.7(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 2.8involved family member, to consent to or refuse consent for therapeutic conduct; or 2.9(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; 2.10(2) the vulnerable adult, a person with authority to make health care decisions for the 2.11vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means 2.12or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu 2.13of medical care, provided that this is consistent with the prior practice or belief of the 2.14vulnerable adult or with the expressed intentions of the vulnerable adult; or 2.15(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 2.16emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a 2.17person including a facility staff person when a consensual sexual personal relationship 2.18existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless 2.19of whether the consensual sexual personal relationship existed prior to the caregiving 2.20relationship. 2.21     new text begin Subd. 2a. new text end new text begin Penalties. new text end new text begin A person who violates subdivision 1a may be sentenced as new text end 2.22 new text begin follows: new text end 2.23 new text begin (1) if the conduct results in great bodily harm to the vulnerable adult, imprisonment new text end 2.24 new text begin for not more than ten years or payment of a fine of not more than $10,000, or both; or new text end 2.25 new text begin (2) if the conduct results in substantial bodily harm to the vulnerable adult, new text end 2.26 new text begin imprisonment for not more than five years or payment of a fine of not more than $5,000, new text end 2.27 new text begin or both. new text end 2.28     new text begin Subd. 2b. new text end new text begin Affirmative defenses. new text end new text begin It shall be an affirmative defense to a prosecution new text end 2.29 new text begin under subdivision 1 or 1a, if proven by a preponderance of evidence, that: new text end 2.30 new text begin (1) the defendant is an individual employed by a facility or operator and does new text end 2.31 new text begin not have managerial or supervisory authority, and was unable to reasonably make the new text end 2.32 new text begin necessary provisions because of inadequate staffing levels, inadequate supervision, or new text end 2.33 new text begin institutional policies; new text end 2.34 new text begin (2) the defendant is a facility, operator, or an employee of a facility or operator in new text end 2.35 new text begin a position of managerial or supervisory authority, and did not knowingly, intentionally, new text end 3.1 new text begin or recklessly permit criminal acts by its employees or agents that resulted in the harm to new text end 3.2 new text begin the vulnerable adult; or new text end 3.3 new text begin (3) the defendant is a caregiver and failed to perform acts necessary to prevent the new text end 3.4 new text begin applicable level of harm, if any, to the vulnerable adult because the caregiver was acting new text end 3.5 new text begin reasonably and necessarily to provide care to another identified vulnerable adult. new text end 3.6 new text begin For these affirmative defenses, a defendant bears only the burden of production. A new text end 3.7 new text begin defendant's failure to meet the burden of production does not relieve the state of its burden new text end 3.8 new text begin of persuasion as to all elements of the offense. new text end 3.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2012, and applies to crimes new text end 3.10 new text begin committed on or after that date. new text end 3.11    Sec. 2. Minnesota Statutes 2010, section 609.255, subdivision 3, is amended to read: 3.12    Subd. 3. Unreasonable restraint of children. A parent, legal guardian, or caretaker 3.13who intentionally subjects a child under the age of 18 years to unreasonable physical 3.14confinement or restraint by means including but not limited to, tying, locking, caging, or 3.15chaining for a prolonged period of time and in a cruel manner which is excessive under 3.16the circumstances, is guilty of unreasonable restraint of a child and may be sentenced to 3.17imprisonment for not more than one year or to payment of a fine of not more than $3,000, 3.18or both. If the confinement or restraint results in substantial new text begin demonstrable new text end bodily harm, 3.19that person may be sentenced to imprisonment for not more than five years or to payment 3.20of not more than $10,000, or both. 3.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2012, and applies to crimes new text end 3.22 new text begin committed on or after that date. new text end