1.1A bill for an act1.2relating 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. Gross misdemeanor 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    Subd. 1a.Felony deprivation.A caregiver or operator who intentionally deprives a 1.15vulnerable adult of necessary food, clothing, shelter, health care, or supervision, when the 1.16caregiver or operator is reasonably able to make the necessary provisions, is guilty of a 1.17felony and may be sentenced as provided in subdivision 2a, if:1.18(1) the caregiver or operator knows or has reason to know the deprivation could 1.19likely result in substantial bodily harm or great bodily harm to the vulnerable adult; or1.20(2) the deprivation occurred over an extended period of time.1.21    Subd. 2. Exemptions. A vulnerable adult is not neglected or deprived under 1.22subdivision 1 or 1a 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; or2.9(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; or2.15(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    Subd. 2a.Penalties.A person who violates subdivision 1a may be sentenced as 2.22follows:2.23(1) if the conduct results in great bodily harm to the vulnerable adult, imprisonment 2.24for not more than ten years or payment of a fine of not more than $10,000, or both; or2.25(2) if the conduct results in substantial bodily harm to the vulnerable adult, 2.26imprisonment for not more than five years or payment of a fine of not more than $5,000, 2.27or both.2.28    Subd. 2b.Affirmative defenses.It shall be an affirmative defense to a prosecution 2.29under subdivision 1 or 1a, if proven by a preponderance of evidence, that:2.30(1) the defendant is an individual employed by a facility or operator and does 2.31not have managerial or supervisory authority, and was unable to reasonably make the 2.32necessary provisions because of inadequate staffing levels, inadequate supervision, or 2.33institutional policies;2.34(2) the defendant is a facility, operator, or an employee of a facility or operator in 2.35a position of managerial or supervisory authority, and did not knowingly, intentionally, 3.1or recklessly permit criminal acts by its employees or agents that resulted in the harm to 3.2the vulnerable adult; or3.3(3) the defendant is a caregiver and failed to perform acts necessary to prevent the 3.4applicable level of harm, if any, to the vulnerable adult because the caregiver was acting 3.5reasonably and necessarily to provide care to another identified vulnerable adult.3.6For these affirmative defenses, a defendant bears only the burden of production. A 3.7defendant's failure to meet the burden of production does not relieve the state of its burden 3.8of persuasion as to all elements of the offense.3.9EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes 3.10committed on or after that date.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 demonstrable 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.3.21EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes 3.22committed on or after that date.