SF 1658

as introduced - 87th Legislature (2011 - 2012) Posted on 02/03/2012 11:13am

A bill for an act
relating to public safety; narrowing the neglect of a vulnerable adult crime
while increasing the penalty for egregious neglect; expanding the second degree
manslaughter crime to include death caused by egregious vulnerable adult
neglect; prescribing criminal penalties; amending Minnesota Statutes 2010,
sections 609.205; 609.233, subdivision 1, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2010, section 609.205, is amended to read:

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another by any of the following means is guilty of
manslaughter in the second degree and may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence whereby the person creates an unreasonable
risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of
negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon
or device; or

(4) by negligently or intentionally permitting any animal, known by the person to
have vicious propensities or to have caused great or substantial bodily harm in the past,
to run uncontrolled off the owner's premises, or negligently failing to keep it properly
confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or
endangerment of a child), and murder in the first, second, or third degree is not committed
thereby new text begin ; or
new text end

new text begin (6) by committing or attempting to commit a violation of section 609.233,
subdivision 1a (felony-level criminal neglect of a vulnerable adult), and murder in the
first, second, or third degree is not committed in the process new text end .

If proven by a preponderance of the evidence, it shall be an affirmative defense
to criminal liability under clause (4) that the victim provoked the animal to cause the
victim's death.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.233, subdivision 1, is amended to read:

Subdivision 1.

new text begin Gross misdemeanor new text end 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 new text begin where the abuse or neglect is likely to
substantially harm the vulnerable adult's physical, mental, or emotional health new text end is guilty
of a gross misdemeanor. deleted text begin 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.233, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Felony crime. new text end

new text begin A caregiver or operator who violates subdivision 1 where
the violation results in substantial harm to the vulnerable adult's physical, mental, or
emotional health is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both if:
new text end

new text begin (1) the caregiver or operator intends to harm the vulnerable adult's physical, mental,
or emotional health;
new text end

new text begin (2) the violation involves three or more acts or is committed over an extended
period of time; or
new text end

new text begin (3) the violation represents a gross deviation from the standard of acceptable care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 609.233, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "abuse" has the meaning given in section 626.5572, subdivision 2; and
new text end

new text begin (2) "neglect" means a failure to provide a vulnerable adult with necessary food,
clothing, shelter, health care, or supervision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to crimes
committed on or after that date.
new text end