Councilmember Sandra Allen
A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Allen introduced the following bill, which was referred to the Committee
on the Judiciary with comments from the Committee on Human Services
BE IT ENACTED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this Act may be cited
as the "Criminalize Abuse and Neglect of Vulnerable Adults Act of 1999".
Sec. 2. CRIMINAL ABUSE OF A VULNERABLE ADULT — A person is guilty
of criminal abuse if’ by any means, that person intentionally or knowingly engages in any
of the following conduct, and which conduct is not accidental:
(a) the infliction or threat to inflict on a vulnerable adult physical pain or injury,
including, but not limited to hitting, slapping, kicking, pinching, biting, pulling hair
or corporal punishment;
(b) the use of repeated or malicious oral, written, or gestured language towards a
vulnerable adult or the treatment of a vulnerable adult which would be considered be a
reasonable person to be ridiculing, derogatory, humiliating, harassing, or threatening:
(c) unreasonable confinement or involuntary seclusion, including the forced separation
of the vulnerable adult form other persons against the will of the vulnerable person or
the legal representative of the vulnerable adult;
Sec. 3. CRIMINAL NEGLECT OF A VULNERABLE ADULT — Any person who
knowingly, or willfully or through culpable negligence fails to discharge a duty to
provide care and services necessary to maintain the physical and mental health of a
vulnerable adult including’ but not limited to food, clothing, medicine, shelter,
supervision and medical services, that a prudent person would deem essential for the
well-being of the adult is guilty of criminal negligence.
Sec. 4. VULNERABLE ADULT means a person eighteen years old or older
who has a physical or mental condition which substantially impairs the person form
adequately impairs the person form adequately providing for his or her own care or
protection.
Sec. 5. PENALTIES
(a) Any person who commits criminal abuse or criminal neglect a vulnerable adult shall
be fined in an amount not to exceed $1000 and imprisoned of not more than 180 days.
(b) Any person w ho commits criminal abuse or criminal neglect of a vulnerable adult
which causes serious bodily injury or severe mental distress may be fined in an amount not
to exceed $100,000 and imprisoned of up to 10 years.
(c) Any person who commits criminal abuse or criminal neglect of a vulnerable adult
which causes permanent bodily injury or death may be fined in any amount not to exceed
$250,000 and imprisoned for not less than five years.