Establishing criminal penalties for abuse or neglect of incapacitated adults

SB 54 Text

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WEST virginia legislature
2026 regular session
Enrolled
Committee Substitute
for
Senate Bill 54
By Senators Rucker, Tarr, and Deeds
[Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)]

AN ACT to amend and reenact §61-2-29 and §61-2-29a of the Code of West Virginia, 1931, as amended, relating to abuse, gross neglect, or neglect of incapacitated adults; adding definitions; expanding the class of individuals who can be charged with crimes relating to abuse, gross neglect, or neglect of incapacitated adults to include all persons; establishing that caregivers who knowingly permit others to abuse, grossly neglect, or neglect an incapacitated adult can be charged with certain crimes; creating criminal offenses and establishing criminal penalties and fines; removing the element of malice in felony charges of certain criminal offenses, and in offenses that result in injury, serious bodily injury, or death, or substantial risk of bodily injury, serious bodily injury, or death of an incapacitated adult; and providing that criminal offenses resulting in injury, death, or risk of injury or death of an incapacitated adult as a result of abuse, gross neglect, neglect, or permitting another person to do the same, are separate and distinct offenses to other statutory offenses
.
Be it enacted by the Legislature of West Virginia:

ARTICLE 2. crimes against the person.

§61-2-29. Abuse or neglect of incapacitated adult; definitions; penalties.

(a) The following words and phrases have the meanings ascribed to them when used in this section and §61-2-29a and §61-2-29b of this code, unless the context clearly indicates otherwise.
"Abuse" means the intentional infliction of bodily injury on an incapacitated adult.
"Bodily injury" means substantial physical pain, illness, or any impairment of physical condition.
"Caregiver" means any person who has assumed the legal responsibility or a contractual obligation for the care of an incapacitated adult or has voluntarily assumed responsibility for the care of an incapacitated adult. The term includes a facility operated by any public or private agency, organization, or institution which provides services to, and has assumed responsibility for, the care of an incapacitated adult.
"Gross neglect" or “grossly neglects” means reckless or intentional conduct, behavior, or inaction by a caregiver that evidences a clear disregard for the health, safety, or welfare of an incapacitated adult.
"Incapacitated adult" means any person 18 years of age or older who, because of advanced age, physical, mental, or other infirmity, is unable to carry out the daily activities of life necessary to sustaining life and reasonable health.
"Neglect" means the unreasonable failure by a caregiver to provide the care necessary to assure the physical safety or health of an incapacitated adult.
"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
(b) Any person who neglects an incapacitated adult or any caregiver who knowingly permits another person to neglect an incapacitated adult is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail for not more than one year, or both fined and confined.
(c) Any person who grossly neglects an incapacitated adult or any caregiver who knowingly permits another person to grossly neglect an incapacitated adult is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail for not less than 60 days nor more than one year, or both fined and confined.
(d) Any person who abuses an incapacitated adult or any caregiver who knowingly permits another person to abuse an incapacitated adult is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail for not less than 90 days nor more than one year, or both fined and confined.
(e) Any person who abuses, grossly neglects, or neglects an incapacitated adult and by that abuse, gross neglect, or neglect creates a substantial risk of serious bodily injury or death to the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000, or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.
(f) Any person who abuses, grossly neglects, or neglects an incapacitated adult and causes the incapacitated adult bodily injury is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and imprisoned in a state correctional facility not less than two years nor more than 10 years.
(g) Any person who abuses, grossly neglects, or neglects an incapacitated adult and causes the incapacitated adult serious bodily injury is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 and imprisoned in a state correctional facility not less than three years nor more than 15 years.
(h) Nothing in this section nor in §61-2-29a of this code may be construed to mean an adult is abused or neglected for the sole reason that his or her independent decision is to rely upon treatment by spiritual means in accordance with the tenets and practices of a recognized church or religious denomination or organization in lieu of medical treatment.
(i) Nothing in this section nor §61-2-29a of this code may be construed to mean an incapacitated adult is abused or neglected if deprivation of life-sustaining treatment or other act has been provided for by the West Virginia Health Care Decisions Act, pursuant to §16-30-1
et seq.
of this code.
(j) An offense under this section is a separate and distinct offense in addition to any other offenses set forth in this code.

§61-2-29a. Death of an incapacitated adult.

(a) Any person who neglects an incapacitated adult causing death of the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than 15 years.
(b) A caregiver of an incapacitated adult who causes the death of an incapacitated adult by knowingly allowing any other person to neglect the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than 15 years.
(c) Any person who grossly neglects an incapacitated adult causing death of the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than 25 years.
(d) Any caregiver of an incapacitated adult who causes the death of an incapacitated adult by knowingly allowing any other person to grossly neglect the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than 25 years.
(e) Any person who abuses the incapacitated adult which causes the death of the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than 40 years.
(f) A caregiver of an incapacitated adult who causes the death of the incapacitated adult by knowingly allowing any other person to abuse the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than 40 years.
(g) The provisions of this section do not apply to any person, caregiver or health care provider who, without malice, fails or refuses, or allows another person to, without malice, fail or refuse to supply an incapacitated adult with necessary medical care when the medical care conflicts with the tenets and practices of a recognized religious denomination or order of which the incapacitated adult is an adherent member.
(h) An offense under this section is a separate and distinct offense in addition to any other offenses set forth in this code.
The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate

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Clerk of the House of Delegates

Originated in the Senate.

In effect 90 days from passage.

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President of the Senate

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Speaker of the House of Delegates

__________

The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

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