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WV SB54

WV SB54
Establishing criminal penalties for abuse or neglect of incapacitated adults


summary

Introduced
01/14/2026
In Committee
02/25/2026
Crossed Over
02/24/2026
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

A BILL to amend and reenact §61-2-29 and §61-2-29a of the Code of West Virginia, 1931, as amended, relating to abuse or neglect of incapacitated adults; adding definitions; creating criminal penalties; removing the element of malice in felony charges of certain caregiver actions resulting in injury, death, or risk of injury or death of an incapacitated adult; and providing that certain caregiver offenses resulting in injury, death, or risk of injury or death of an incapacitated adult are separate and distinct offenses to other statutory offenses.

AI Summary

This bill establishes criminal penalties for the abuse or neglect of incapacitated adults, who are individuals 18 or older unable to carry out daily activities necessary for life and health due to age, physical, mental, or other infirmities. It introduces a definition for "gross neglect" as reckless or intentional caregiver conduct that disregards an incapacitated adult's health, safety, or welfare. Importantly, the bill removes the requirement of "malice" (intent to harm) for felony charges related to caregiver actions that result in bodily injury, serious bodily injury, or death to an incapacitated adult, making it easier to prosecute such cases. It also clarifies that offenses under these provisions are separate from other existing criminal offenses.

Committee Categories

Justice

Sponsors (3)

Last Action

To House Judiciary (on 02/25/2026)

bill text


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