Bill > AB288

Introduced Session

Legislative Counsel's Digest: Existing law extends immunity from civil or criminal liability to every person who, in good faith: (1) participates in the making of a report concerning the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; (2) submits information contained in such a report to a licensing board; or (3) causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person. (NRS 200.5096) Section 1 of this bill provides that such immunity does not extend to any person who abused, neglected, exploited, isolated or abandoned the older person or vulnerable person who is the subject of the report or investigation or any person who committed certain other acts relating to the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person. Existing law establishes the penalties to be imposed upon a person who abuses, 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. (NRS 200.5099) Section 2 of this bill increases the maximum term of imprisonment for the commission of such acts from 6 years to 20 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 any such offense is guilty of: (1) a category C felony or gross misdemeanor for the first offense or, if the offense is exploitation, the monetary value involved is less than $650 or cannot be determined; or (2) a category B felony for the second and all subsequent offenses or, if the offense is exploitation, if the monetary value involved is $650 or more. Existing law provides that a person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person is punished: (1) for the first offense, for a gross misdemeanor; or (2) for the second and all subsequent offenses, for a category C felony. (NRS 200.50995) Section 3 of this bill revises the penalty for all such offenses and provides that a person is punished: (1) for the first offense, for a category C felony or gross misdemeanor; or (2) for the second and all subsequent offenses, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years. Section 4 of this bill: (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 providing that the parties to the contract agree to resolve any dispute through arbitration, the clause must be included as an addendum to the contract; and (2) establishes requirements pertaining to the form and content of such an addendum.

AI Summary

Teresa Benitez-Thompson (D)*,  Richard Carrillo (D)*,  Olivia Diaz (D)*,  Jason Frierson (D)*,  Amber Joiner (D)*,  Nelson Araujo (D),  Nicole Cannizzaro (D),  Maggie Carlton (D),  Osvaldo Fumo (D),  Sandra Jauregui (D),  Daniele Monroe-Moreno (D),  Ellen Spiegel (D),  Heidi Swank (D), 

Approved by the Governor. Chapter 422. (on 06/06/2017)

Official Document