| HB 863 - Disabled Adults, Elder Persons, and Vulnerable Adults Protection Act |
First Reader Summary
A BILL to amend Chapter 5 of Title 30 of the Official Code of
Georgia Annotated, the "Disabled Adults and Elder Persons
Protection Act," so as to provide for the protection of
vulnerable adults and change the provisions relating to the short
title, definitions, and penalties; and for other purposes.
| House |
Action |
Senate |
| 3/3/99 |
Read 1st Time |
3/10/99 |
| 3/4/99 |
Read 2nd Time |
|
| 3/8/99 |
Favorably Reported |
|
| 3/10/99 |
Read 3rd Time |
|
| 3/10/99 |
Passed/Adopted |
|
| FA |
Comm/Floor Amend/Sub |
|
HB 863 HB 863/FA
H. B. No. 863 (AM)
By: Representatives Byrd of the 170th, Mosley of the 171st,
Harrell of the 62nd, Walker of the 87th, Tillman of the
173rd and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 5 of Title 30 of the Official Code of
1- 2 Georgia Annotated, the "Disabled Adults and Elder Persons
1- 3 Protection Act," so as to provide for the protection of
1- 4 vulnerable adults and change the provisions relating to the
1- 5 short title, definitions, and penalties; to repeal
1- 6 conflicting laws; and for other purposes.
1- 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 8 SECTION 1.
1- 9 Chapter 5 of Title 30 of the Official Code of Georgia
1-10 Annotated, the "Disabled Adults and Elder Persons Protection
1-11 Act," is amended by striking Code Section 30-5-1, relating
1-12 to the short title, and inserting in its place the
1-13 following:
1-14 "30-5-1.
1-15 This chapter shall be known and may be cited as the
1-16 'Disabled Adults, and Elder Persons, and Vulnerable Adults
1-17 Protection Act.'"
1-18 SECTION 2.
1-19 Said chapter is further amended by striking Code Section
1-20 30-5-3, relating to definitions, and inserting in its place
1-21 the following:
1-22 "30-5-3.
1-23 As used in this chapter, the term:
1-24 (1) 'Abuse' means the willful infliction of physical
1-25 pain, physical injury, mental anguish, unreasonable
1-26 confinement, or the willful deprivation of essential
1-27 services to a disabled adult, or elder person, or
1-28 vulnerable adult or intentional conduct which is neither
1-29 accidental nor therapeutic conduct toward a disabled
1-30 adult, elder person, or vulnerable adult that results
1-31 in:
-1-
2- 1 (A) The infliction of or threat to inflict physical
2- 2 pain or injury on a disabled adult, elder person, or
2- 3 vulnerable adult, including, but not limited to,
2- 4 hitting, slapping, kicking, pinching, biting, pulling
2- 5 hair, or corporal punishment;
2- 6 (B) The use of repeated, malicious oral, written, or
2- 7 gestured language toward a disabled adult, elder
2- 8 person, or vulnerable adult;
2- 9 (C) The unreasonable confinement or involuntary
2-10 seclusion of a disabled adult, elder person, or
2-11 vulnerable adult, including the forced separation of
2-12 the disabled adult, elder person, or vulnerable adult
2-13 from other persons against the will of the disabled
2-14 adult, elder person, or vulnerable adult or the legal
2-15 representative of the disabled adult, elder person, or
2-16 vulnerable adult; or
2-17 (D) Sexual contact or interaction involving a disabled
2-18 adult, elder person, or vulnerable adult without the
2-19 informed consent of the disabled adult, elder person,
2-20 or vulnerable adult.
2-21 No caretaker shall be convicted of a violation of Code
2-22 Section 30-5-8 solely for the establishment or
2-23 enforcement of posted rules or policies which are based
2-24 on moral or religious grounds and which do not cause
2-25 physical injury to the disabled adult, elder person, or
2-26 vulnerable adult.
2-27 (2) 'Caretaker' means a person who has the
2-28 responsibility for the care of a disabled adult, or
2-29 elder person, or vulnerable adult as a result of family
2-30 relationship, contract, employment, voluntary assumption
2-31 of that responsibility, or by operation of law.
2-32 (3) 'Court' means the probate court for the county of
2-33 residence of the disabled adult or elder person or the
2-34 county in which such person is found. In any case in
2-35 which the judge of the probate court is unable to hear a
2-36 case brought under this chapter within the time required
2-37 for such hearing, such judge shall appoint a person to
2-38 serve and exercise all the jurisdiction of the probate
2-39 court in such case. Any person so appointed shall be a
2-40 member of the State Bar of Georgia and be otherwise
2-41 qualified for his or her duties by training and
2-42 experience. Such appointment may be made on a
2-43 case-by-case basis or by making a standing appointment
-2-
3- 1 of one or more persons. Any person receiving such
3- 2 standing appointment shall serve at the pleasure of the
3- 3 judge making the appointment or said judge's successor
3- 4 in office to hear such cases if and when necessary. The
3- 5 compensation of a person so appointed shall be as agreed
3- 6 upon by the judge who makes the appointment and the
3- 7 person appointed, with the approval of the governing
3- 8 authority of the county for which such person is
3- 9 appointed, and shall be paid from the county funds of
3-10 such county. All fees collected for the services of such
3-11 appointed person shall be paid into the general funds of
3-12 the county served.
3-13 (4) 'Department' means the Department of Human
3-14 Resources.
3-15 (5) 'Director' means the director of the county
3-16 department of family and children services, or the
3-17 director's designee, in the county in which the disabled
3-18 adult or elder person resides or is present.
3-19 (6) 'Disabled adult' means a person 18 years of age or
3-20 older who is not a resident of a long-term care
3-21 facility, as defined in Article 4 of Chapter 8 of Title
3-22 31, but who is mentally or physically incapacitated.
3-23 (7) 'Disabled adult in need of protective services'
3-24 means a disabled adult who is subject to abuse, neglect,
3-25 or exploitation as a result of that adult's mental or
3-26 physical incapacity.
3-27 (7.1) 'Elder person' means a person 65 years of age or
3-28 older who is not a resident of a long-term care facility
3-29 as defined in Article 4 of Chapter 8 of Title 31.
3-30 (8) 'Essential services' means social, medical,
3-31 psychiatric, or legal services necessary to safeguard
3-32 the disabled adult's, or elder person's, or vulnerable
3-33 adult's rights and resources and to maintain the
3-34 physical and mental well-being of such person. These
3-35 services shall include, but not be limited to, the
3-36 provision of medical care for physical and mental health
3-37 needs, assistance in personal hygiene, food, clothing,
3-38 adequately heated and ventilated shelter, and protection
3-39 from health and safety hazards but shall not include the
3-40 taking into physical custody of a disabled adult, or
3-41 elder person, or vulnerable adult without that person's
3-42 consent.
-3-
4- 1 (9) 'Exploitation' means the illegal or improper use of
4- 2 a disabled adult or elder person or that person's
4- 3 resources for another's profit or advantage.
4- 4 (9.1) 'Institution' means any hospital, nursing home,
4- 5 personal care home, hospice, home health agency, or
4- 6 private home care provider required to have a license or
4- 7 permit under Chapter 7 of Title 31 or any community
4- 8 mental health center or community care provider.
4- 9 (10) 'Neglect' means the absence or omission of
4-10 essential services to the degree that it harms or
4-11 threatens with harm the physical or emotional health of
4-12 a disabled adult or elder person.
4-13 (11) 'Protective services' means services necessary to
4-14 protect a disabled adult or elder person from abuse,
4-15 neglect, or exploitation. Such services shall include,
4-16 but not be limited to, evaluation of the need for
4-17 services and mobilization of essential services on
4-18 behalf of a disabled adult or elder person.
4-19 (12) 'Therapeutic conduct' means the provision of health
4-20 care or personal care services for a bona fide purpose
4-21 in the best interest of a disabled adult, elder person,
4-22 or vulnerable adult by an individual.
4-23 (13) 'Vulnerable adult' means any disabled adult or
4-24 elder person suffering from physical or mental infirmity
4-25 or other physical or emotional dysfunction to the extent
4-26 that such person is impaired in the ability to provide
4-27 adequately for his or her own care and protection and is
4-28 unable or unlikely to report abuse without assistance,
4-29 whether or not such person resides in or obtains
4-30 services from an institution."
4-31 SECTION 3.
4-32 Said chapter is further amended by striking Code Section
4-33 30-5-8, relating to criminal penalties, and inserting in its
4-34 place the following:
4-35 "30-5-8.
4-36 (a)(1) It shall be unlawful for any person to abuse,
4-37 neglect, or exploit any disabled adult, or elder person,
4-38 or vulnerable adult.
4-39 (2) Any Except as provided in paragraph (3) of this Code
4-40 section, any person violating the provisions of this
4-41 subsection shall be guilty of a misdemeanor.
-4-
5- 1 (3) Any caretaker violating the provisions of this Code
5- 2 section when such violation is a battery punishable
5- 3 under Code Section 16-5-23.1 shall, upon conviction
5- 4 thereof, be punished by imprisonment for not less than
5- 5 one nor more than five years, by a fine not to exceed
5- 6 $2,000.00, or both imprisonment and fine.
5- 7 (b)(1) It shall be unlawful for any person or official
5- 8 required by paragraph (1) of subsection (a) of Code
5- 9 Section 30-5-4 to report a case of disabled adult or
5-10 elder person abuse to fail knowingly and willfully to
5-11 make such report.
5-12 (2) Any person violating the provisions of this
5-13 subsection shall be guilty of a misdemeanor."
5-14 SECTION 4.
5-15 All laws and parts of laws in conflict with this Act are
5-16 repealed.
-5-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/10/99
