03/20/1996 01:30 PM Senate JUD

       SB 211 VULNERABLE PEOPLE:NEGLECT/SUPPORT/ASSAULT                       
                                                                              
 SENATOR ELLIS, sponsor of SB 211, explained that SB 211 was drafted           
 in response to an abuse case last December in which the Department            
 of Law was unable to prosecute the offenders.  SB 211 creates the             
 new crime of endangering the welfare of a vulnerable adult                    
 committed by intentionally deserting a vulnerable adult, and                  
 criminal neglect of a vulnerable adult by failing to provide                  
 support to a vulnerable adult, and establishes penalties for those            
 crimes.  This measure will provide the Department of Law with the             
 tools it needs to prosecute such crimes.  The state has encouraged            
 the growth of the new industry of assisted living and group homes             
 for vulnerable people, including senior citizens, developmentally             
 disabled adults, or any adults who are mentally or physically                 
 disabled in any way that makes them vulnerable.                               
                                                                               
 SENATOR TAYLOR thanked Senator Ellis for bringing this matter to              
 the legislature's attention.  He noted AARP has submitted a letter            
 of strong support to the committee, as well as a significant amount           
 of backup material and recommendations on elder abuse.                        
                                                                               
 SENATOR GREEN asked if SB 211 applies only to licensed agencies, or           
 whether it extends to a neighbor or family member who takes care of           
 a vulnerable adult in a more casual relationship.                             
                                                                               
 SENATOR ELLIS deferred that question to a representative of the               
 Department of Law.  He added the bill was crafted to address those            
 facilities that present a potential liability to the state because            
 they are licensed by the state.                                               
                                                                               
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 ANNE CARPENETI stated the Department of Law supports SB 211.  She             
 did not believe the bill applies to persons other than those                  
 licensed by the state.  It applies to relationships made by                   
 authority of law, which could be a guardianship, but not to less              
 formal relationships between two people.                                      
                                                                               
 CONNIE SIPE, Director of the Division of Senior Services, testified           
 via teleconference in support of SB 211.                                      
                                                                               
 SENATOR GREEN moved CSSB 211(STA) out of committee with individual            
 recommendations.  There being no objection, the motion carried.