AB 288 — Revises provisions relating to the protection of older persons and vulnerable persons. (BDR 15-724)

(ReprintedAssembly withBill amendmentsNo. adopted on May 26, 2017) SECOND REPRINT A.B.

288288–Assemblymen AJoiner, SSEMBLYFrierson, BILLBenitez- NO.Thompson, Carrillo, Diaz;

288–AAraujo, SSEMBLYMENCarlton, JOINER,Fumo, FJauregui, RIERSON,Monroe-Moreno, BSpiegel ENITEZ-THOMPSONand ,Swank ARRILLOJoint ,Sponsor: DIAZ;

ARAUJO,Senator CARLTONCannizzaro ,CHAPTER.......... FUMO , JAUREGUI , M ONROE -M ORENO , SPIEGEL AND SWANK M ARCH 14, 2017 ____________ JOINT SPONSOR :

SENATOR C ANNIZZARO ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the protection of older persons and vulnerable persons.

(BDR 15-724) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *AB288_R2* – 2 – Legislative Counsel’s Digest:

Existing law provides for the imposition of an additional penalty upon a person who commits certain crimes or criminal violations of law against a person 60 years of age or older or a vulnerable person, and provides that the sentence prescribed runs consecutively with the sentence prescribed by statute for the crime or criminal violation.

Existing law extends immunity from civil or criminal liability to every person neglect,who, exploitation,in isolationgood orfaith: abandonment of an older person or a vulnerablee, person;

(2)(1) submitsparticipates informationin containedthe inmaking suchof a report toconcerning the abuse, neglect, exploitation, isolation or abandonment of an older person or a licensingvulnerable board;(3) causes or conducts an investigation of alleged abuse, neglect, exploitation, or isolation or abandonment of an older person or a vulnerable person.

(NRS 200.5096) Section 1.5 of this bill provides that such immunity does not extend to any person who abused, neglected, exploited, isolated or (3)abandoned causesthe older person or conductsvulnerable anperson investigationwho is the subject of allegedthe report or investigation or any person who committed certain other acts relating to the abuse, neglect, exploitation, isolationisolExisting orlaw abandonmentestablishes ofthe penalties to be imposed upon a person who abuses, neglects, exploits, isolates or abandons an older person or a vulnerable person.

(NRSAny 200.5096)person Sectionwho 1.5has ofassumed thisresponsibility billto providescare thatfor suchan immunityolder doesperson notor extenda tovulnerable any person and who abused,neglects neglected,the exploited,older isolatedperson or abandonedvulnerable theperson olderor personcommits certain other related acts, thereby causing substantial bodily or vulnerablemental personharm whoto isor the subjectdeath of the reportolder person or investigationvulnerable orperson, anyis personguilty whoof committeda certaincategory otherB actsfelony relatingand tois - 79th Session (2017) – 2 – punished by imprisonment in the abuse,state neglect,prison exploitation,for isolationa orminimum abandonmentterm of thenot olderless personthan or2 vulnerableyears person.and a maximum term of not more than 6 years.

neglects, exploits, isolates or abandons an older person or a vulnerable person.

Any person who has assumed responsibility to care for an older person or a vulnerable person and who neglects the older person or vulnerable person or commits certain other related acts, thereby causing substantial bodily or mental harm to or the death of the older person or vulnerable person, is guilty of a category B felony and is punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years.

Section 2 also revises the penalties for certain offenses relating to the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person and provides that a person who commits anytany ofdetermined anby suchthe court, for the first offense or, if the offense is guiltyexploitation, of:the monetary value involved is less than $650 or cannot be determined;

(1) either a category C felony or gross misdemeanor, as determined by the court, for the first offense or, if the offense is exploitation, the monetary value involved is less than $650 or cannot be determined;

(1) provides that if a facility for long-term care wishes to include as part of any contract relating to the provision of care a clause which specifies or restricts the means by which the parties to the contract are required to resolveand any(2) dispute,establishes therequirements clausepertaining mustto bethe includedform asand ancontent addendumof tosuch theant; contract;

addendum.stablishesaddendum. requirements pertaining to the form and content of such an Section 5 of this bill amends Senate Bill No.

Section 5 of this bill amends Senate Bill No.

-EXPLANATION *AB288_R2* – 3Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

or - 79th Session (2017) – 3 – (j) Taking money or property from the person of another, ¬ against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

and -¬ *AB288_R2*The –court 4shall –state (e)on Anythe otherrecord relevantthat information.it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

¬ The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

- 79th Session (2017) – 4 – Sec.

Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who, pursuantpur[1.] to(a) NRSParticipates 200.5091in tothe 200.50995,making inclusive,of ina report;n good faith:

[1.] (a) Participates in the making of a report;

Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:gui(a) For the first offense, of [a gross] either of the following, as determined by the court:

(a)(1) ForA thecategory firstC offense,felony ofand [ashall gross]be eitherpunished of the following, as determinedprovided byin theNRS court:193.130;

- *AB288_R2* – 5 – (1) A category C felony and shall be punished as provided in NRS 193.130;

or (b) For [any] the second and all subsequent [offense] offenses or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, - 79th Session (2017) – 5 – ¬ unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract,who [:ct, to care for an older person or a vulnerable person and who(a) [:Neglects] neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering [;