388,214
Section
214. 880.01 (4) of the statutes is amended to read:
880.01 (4) "Incompetent" means a person adjudged by a court of record to be substantially incapable of managing his or her property or caring for himself or herself by reason of infirmities of aging degenerative brain disorder, developmental disabilities, or other like incapacities. Physical disability without mental incapacity is not sufficient to establish incompetence.
388,215
Section
215. 880.01 (5) of the statutes is renumbered 880.01 (1t) and amended to read:
880.01 (1t) "Infirmities of aging"
"Degenerative brain disorder" means organic brain damage caused by advanced age or other physical degeneration in connection therewith to the extent that the person so afflicted the loss or dysfunction of brain cells to the extent that an individual is substantially impaired in his or her ability to adequately provide adequately for his or her own care or custody.
388,216
Section
216. 895.85 (2) of the statutes is amended to read:
895.85 (2) Scope. This section does not apply to awards of double damages or treble damages, or to the award of exemplary damages under ss. 46.90 (6) (c)
(9) (a) and (b), 51.30 (9), 51.61 (7), 55.043 (9m) (a) and (b), 103.96 (2), 134.93 (5), 146.84 (1) (b) and (bm), 153.85, 252.14 (4), 252.15 (8) (a), 610.70 (7) (b), 943.245 (2) and (3) and 943.51 (2) and (3).
388,217
Section
217. 940.225 (2) (j) of the statutes is created to read:
940.225 (2) (j) Is a licensee, employee, or nonclient resident of an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity.
388,218
Section
218. 940.225 (5) (ab) of the statutes is renumbered 940.225 (5) (acm).
388,219
Section
219. 940.225 (5) (abm) and (ak) of the statutes are created to read:
940.225 (5) (abm) "Client" means an individual who receives direct care or treatment services from an entity.
(ak) "Nonclient resident" means an individual who resides, or is expected to reside, at an entity, who is not a client of the entity, and who has, or is expected to have, regular, direct contact with the clients of the entity.
388,220
Section
220. 940.285 (title) of the statutes is amended to read:
940.285 (title) Abuse of vulnerable adults individuals at risk.
388,221
Section
221. 940.285 (1) (a) of the statutes is repealed.
388,222
Section
222. 940.285 (1) (ag) of the statutes is created to read:
940.285 (1) (ag) "Abuse" means any of the following:
1. Physical abuse, as defined in s. 46.90 (1) (fg).
2. Emotional abuse, as defined in s. 46.90 (1) (cm).
3. Sexual abuse, as defined in s. 46.90 (1) (gd).
4. Treatment without consent, as defined in s. 46.90 (1) (h).
5. Unreasonable confinement or restraint, as defined in s. 46.90 (1) (i).
6. Deprivation of a basic need for food, shelter, clothing, or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order.
388,223
Section
223. 940.285 (1) (am) of the statutes is created to read:
940.285 (1) (am) "Adult at risk" has the meaning given in s. 55.01 (1e).
388,224
Section
224. 940.285 (1) (b), (bm), (c) and (d) of the statutes are repealed.
388,225
Section
225. 940.285 (1) (dc) of the statutes is created to read:
940.285 (1) (dc) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
388,226
Section
226. 940.285 (1) (dg) of the statutes is created to read:
940.285 (1) (dg) "Individual at risk" means an elder adult at risk or an adult at risk.
388,227
Section
227. 940.285 (1) (e) of the statutes is repealed.
388,227m
Section 227m. 940.285 (1m) of the statutes is created to read:
940.285 (1m) Exception. Nothing in this section may be construed to mean that a vulnerable adult is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition.
388,228
Section
228. 940.285 (2) (title) and (a) 1. to 3. of the statutes are amended to read:
940.285 (2) (title) Maltreatment Abuse; penalties.
(a) 1. Intentionally subjects a vulnerable adult
an individual at risk to maltreatment abuse.
2. Recklessly subjects a vulnerable adult an individual at risk to maltreatment abuse.
3. Negligently subjects a vulnerable adult an individual at risk to maltreatment abuse.
388,229
Section
229. 940.295 (1) (a) of the statutes is renumbered 940.295 (1) (am).
388,230
Section
230. 940.295 (1) (ad) of the statutes is created to read:
940.295 (1) (ad) "Abuse" has the meaning given in s. 46.90 (1) (a).
388,231
Section
231. 940.295 (1) (ag) of the statutes is created to read:
940.295 (1) (ag) "Adult at risk" has the meaning given in s. 55.01 (1e).
388,232
Section
232. 940.295 (1) (b) of the statutes is amended to read:
940.295 (1) (b) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1) (aj).
388,233
Section
233. 940.295 (1) (cm) of the statutes is repealed.
388,234
Section
234. 940.295 (1) (hm) of the statutes is repealed.
388,235
Section
235. 940.295 (1) (j) of the statutes is repealed.
388,236
Section
236. 940.295 (1) (jm) of the statutes is repealed.
388,237
Section
237. 940.295 (1) (k) of the statutes is repealed and recreated to read:
940.295 (1) (k) "Neglect" has the meaning given in s. 46.90 (1) (f).
388,238
Section
238. 940.295 (1) (km) of the statutes is repealed and recreated to read:
940.295 (1) (km) "Negligence" means an act, omission, or course of conduct that the actor should realize creates a substantial and unreasonable risk of death, great bodily harm, or bodily harm to another person.
388,239
Section
239. 940.295 (1) (kp) of the statutes is repealed.
388,240
Section
240. 940.295 (1) (n) of the statutes is repealed.
388,241
Section
241. 940.295 (1) (o) of the statutes is amended to read:
940.295 (1) (o) "Recklessly" means conduct which that creates a situation of unreasonable risk of
death or harm to and demonstrates a conscious disregard for the safety of the patient or resident.
388,242
Section
242. 940.295 (1) (t) of the statutes is repealed.
388,243
Section
243. 940.295 (3) (a) 3. of the statutes is amended to read:
940.295 (3) (a) 3. Negligently abuses
Abuses, with negligence, or neglects a patient or a resident.
388,244
Section
244. 940.295 (3) (b) 1g. of the statutes is amended to read:
940.295 (3) (b) 1g. Any person violating par. (a) 1. or 2. under circumstances that cause death to a vulnerable person an individual at risk is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death to a vulnerable person an individual at risk is guilty of a Class D felony.
388,245
Section
245. 940.295 (3) (b) 1m. of the statutes is amended to read:
940.295 (3) (b) 1m. Any person violating par. (a) under circumstances that cause great bodily harm to a vulnerable person an individual at risk is guilty of a Class E felony.
388,246
Section
246. 943.20 (2) (a) of the statutes is renumbered 943.20 (2) (ag).
388,247
Section
247. 943.20 (2) (ac) of the statutes is created to read:
943.20 (2) (ac) "Adult at risk" has the meaning given in s. 55.01 (1e).
388,248
Section
248. 943.20 (2) (ad) of the statutes is created to read:
943.20 (2) (ad) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
388,249
Section
249. 943.20 (2) (ae) of the statutes is created to read:
943.20 (2) (ae) "Individual at risk" means an elder adult at risk or an adult at risk.
388,250
Section
250. 943.20 (2) (e) of the statutes is repealed.
388,251
Section
251. 943.20 (3) (d) 6. of the statutes is amended to read:
943.20 (3) (d) 6. The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from a vulnerable adult an individual at risk.
388,252
Section
252.
Initial applicability.
(1) Elder-adult-at risk reports. The treatment of sections 20.435 (7) (dh), 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (4) (h), 46.90 (1) (a), (aj), (an), (b), (br), (bt), (c), (cm), (d), (e), (ed), (eg), (er), (f), (fg), (g), (gd), (gf), (gr), (h), and (i), (2), (3) (title), (a), (b), and (c), (4) (a) 1. and 2., (ab), (ad), (ae), (b) 1. b., c., and cm. and 2. c., (c), (d), and (e), (5) (title), (b) (intro.) and 1. to 5., (br), (c), (d) 1. and 2., (f), (g), and (h), (5m) (title), (a), (b), (br), and (c), (6) (a), (ac), (b) (intro.), 1., 2., 3., 4., 5., 6., 7., 9., and 10., (bd), (br), (bt), (bv), (bw), (by), (c) 1., 2., and 3., (7), (8) (a), (b), (c), and (d), and (9) (title) and (e), 51.42 (3) (e), and 51.437 (4r) (b) of the statutes, the renumbering and amendment of section 46.90 (5) (a) of the statutes, and the creation of section 46.90 (5) (a) 2. and (b) 6. of the statutes first apply to reports of alleged abuse, financial exploitation, neglect, or self-neglect received on the effective date of this subsection.
(3) Emergency detentions and civil commitments. The treatment of section 51.01 (2g) (b), (3g), and (5) (a) of the statutes first applies to emergency detentions and civil commitments made on the effective date of this subsection.
(4) Requests for service. The treatment of section 51.62 (1) (ag), (ar), and (br) and (3) (a) 2m. of the statutes first applies to requests for service made to the protection and advocacy agency on the effective date of this subsection.
(5) Adult-at-risk reports. The treatment of sections 55.001, 55.01 (1), (1e), (1f), (1m), (1p), (1t), (1v), (2), (2s), (3), (4g), (4p), (4r), (6), (6d), (6g), and (7), 55.02, 55.043 (title), (1) (title), (a) (intro.), 1., 2., 3., 4., and 5., (b) (intro.), 1. and 2. (intro.), a., and b., (1d), (1g), (1m), (1r) (title), (a) 2., (b) (intro.), 3., and 6. a. and b., (c) 2. b., and (d), (3), (4) (title), (intro.), (a), (am), (b), (c), (d), (e), and (f), (5), (5g), (6), (7), (8), (9), and (9m), 55.06 (2) (c) and (11) (a), and 106.54 (5) of the statutes, the renumbering and amendment of section 55.043 (2) of the statutes, and the creation of section 55.043 (2) (b) of the statutes first apply to reports of alleged abuse, financial exploitation, neglect, or self-neglect received on the effective date of this subsection.
(7) Individual-at-risk restraining orders and injunctions. The treatment of section 813.123 (title), (1) (a), (ae), (am), (b), (br), (c), (cg), (dm), (eg), (ep), (f), (fm), (g), (gr), (gs), and (h), (3) (b) (intro.), 1., 2., and 3. and (c) (intro.), (4) (a) (intro.) and 2., (ar), (5) (a) (intro.), 3. a., b., and c., (ar), (c) 1., 2., and 3., (6) (a) and (c), (7), (9) (intro.), and (11) of the statutes, the renumbering and the amendment of section 813.123 (2) of the statutes, and the creation of section 813.123 (2) (b) and (4) (a) 2. b. of the statutes first apply to actions for restraining orders and injunctions for individuals at risk commenced on the effective date of this subsection.
(8) Petitions for guardianship. The treatment of section 880.01 (2), (4), and (5) of the statutes first applies to petitions for guardianship submitted on the effective date of this subsection.
(9) Sexual assaults of entity clients. The treatment of section 940.225 (2) (j) and (5) (ab), (abm), and (ak) of the statutes first applies to violations committed on the effective date of this subsection.
(10) Abuse of individuals at risk. The treatment of section 940.285 (title), (1) (a), (ag), (am), (b), (bm), (c), (d), (dc), (dg), and (e) and (2) (title) and (a) 1. to 3. of the statutes first applies to violations committed on the effective date of this subsection.
(11) Abuse and neglect of patients and residents. The treatment of section 940.295 (1) (a), (ad), (ag), (b), (cm), (hm), (j), (jm), (k), (km), (kp), (n), (o), and (t) and (3) (a) 3. and (b) 1g. and 1m. of the statutes first applies to violations committed on the effective date of this subsection.
(12) Theft of property of individuals at risk. The treatment of section 943.20 (2) (a), (ac), (ad), (ae), and (e) and (3) (d) 6. of the statutes first applies to violations committed on the effective date of this subsection.
(1) This act takes effect on the first day of the 7th month beginning after publication.
