Failed 2nd reading by GINGERY
HB0300
Adult Protective Services Law Update
In one sentence
This law expands who can be charged with abusing a vulnerable adult, adds intimidation to the list of prohibited acts, and requires the Department of Family Services to provide training and join community teams.
What it does
- Changes the criminal law so that any person, not just a caregiver, can be charged with abusing, neglecting, abandoning, intimidating, or exploiting a vulnerable adult.
- Adds intimidation to the list of actions that count as abuse or neglect under the law.
- Defines intimidation as communicating to a vulnerable adult that they, their family, friends, or pets will be deprived of basic needs like food, shelter, or care, or will suffer physical violence.
- Requires the Department of Family Services to assign designated workers, provide training to investigative personnel, and participate in local community-based adult protection teams.
- Authorizes four additional personnel positions for the Department of Family Services and appropriates $480,000 to further the purposes of the act.
Who it affects
- Vulnerable adults who are 18 years or older and unable to manage their own care or money due to advanced age or physical or mental disability.
- The Department of Family Services, which must assign staff, provide training, and participate in community teams.
- Any person who may be charged with abusing, neglecting, abandoning, intimidating, or exploiting a vulnerable adult.
- Law enforcement agencies and the Department of Family Services, which must investigate reports and provide protective services.
Limits and unknowns
- The official summary states the appropriation is $480,000, but the legislative history shows amendments that changed the amount from $600,000 to $300,000 and then to $480,000; the final enacted amount is confirmed as $480,000 in the summary and final amendments.
- The law does not specify the exact procedures for how community-based teams make decisions, only that the Department must develop, facilitate, and participate in them.
Plain language
Terms to know
- Vulnerable adult
- A person 18 years of age or older who is unable to manage and take care of themselves or their money, assets, or property without assistance as a result of advanced age or physical or mental disability.
- Intimidation
- Communicating by word or act to a vulnerable adult that they, their family, friends, or pets will be deprived of food, shelter, clothing, supervision, medication, or health care, or will suffer physical violence.
- Exploitation
- Reckless or intentional acts to obtain control over a vulnerable adult's money or property through deception or undue influence, or to force them to perform services for another's profit without legal authority.
- Protective services
- Emergency services provided by the department to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation, or abandonment until they no longer need those services.
Official record
Sources
Read the official summary
2007 General Session Summary for HB0300 Bill No.: HB0300 Drafter: MDO LSO No.: 07LSO-0313 Effective Date: 7/1/2007 Enrolled Act No.: HEA0120 Chapter No.: 209 Prime Sponsor: Representative Simpson Catch Title: Adult protective services. Subject: Protections for vulnerable adults. Summary/Major Elements: Amends the criminal statute dealing with abuse of a vulnerable adult, W.S. 6-2-507, by striking the term "caregiver" and inserting the term "person", thereby expanding who can be charged under W.S. 6-2-507. Adds the terms "intimidates or intimidation of a vulnerable" to the actions a person may be prosecuted for under this section. Amends the Adult Protective Services Act by creating the definition of "intimidation". Allows the Department of Family Services (DFS) or law enforcement to intervene to protect a vulnerable adult who is being intimidated. Adds exploitation by a third party to the definition of "exploitation". Requires DFS to assign personnel, provide trainings and participate in community-based adult protection teams to carry out the provisions of the Adult Protective Services Act. Authorizes 4 additional personnel to DFS and appropriates $480,000.00 to DFS to further the purposes of this act. Comments: Final action had not been taken at the time this summary was initially prepared. This updated summary should replace the summary in the bound materials.
Public statements
Why lawmakers voted
Last checked Aug 8, 11:22 PM
Wyoming roll calls
Recorded votes
7 roll calls
H Did Concur 60-0-0-0-02007-02-27 · House60 yes 0 no
- Yes
- 60
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 60
S Passed 3rd Reading 29-0-1-0-02007-02-27 · Senate29 yes 0 no
- Yes
- 29
- No
- 0
- Absent
- 0
- Excused
- 1
- Conflict
- 0
Yes 29
Excused 1
S02 Recommended Amend and Do Pass 5-0-0-0-02007-02-22 · Senate5 yes 0 no
- Yes
- 5
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
S01 Recommended Amend and Do Pass 5-0-0-0-02007-02-20 · Senate5 yes 0 no
- Yes
- 5
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
H Passed 3rd Reading 58-0-2-0-02007-02-06 · House58 yes 0 no
- Yes
- 58
- No
- 0
- Absent
- 0
- Excused
- 2
- Conflict
- 0
Yes 58
Excused 2
H02 Recommended Amend and Do Pass 7-0-0-0-02007-02-02 · House7 yes 0 no
- Yes
- 7
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
H01 Recommended Amend and Do Pass 9-0-0-0-02007-02-01 · House9 yes 0 no
Official activity
Bill history
- Assigned Chapter Number - 209LSO
- Governor Signed HEA0120Governor
- S President Signed HEA No. 0120Senate
- H Speaker Signed HEA No. 120House
- Assigned Number HEA0120LSO
- H Did ConcurHouse
- H Received for ConcurrenceHouse
- S Passed 3rd ReadingSenate
- S Passed 2nd ReadingSenate
- S Passed CoWSenate
- Amendment FailedSenate
- Amendment AdoptedSenate
- S Amendments AdoptedSenate
- S Placed on General FileSenate
- S02 Recommended Amend and Do PassSenate
- S Rereferred to S02Senate
- S01 Recommended Amend and Do PassSenate
- S Introduced and Referred to S01Senate
- S Received for IntroductionSenate
- H Passed 3rd ReadingHouse
Changes
Amendments
6 stored
Adopted 3rd reading by PHILP
Adopted Standing Committee by H01
Adopted Standing Committee by H02
Adopted Standing Committee by ROSS
Failed Standing Committee by NICHOLAS