AB539,74,1312 813.123 (6) (a) The name of the petitioner and the vulnerable adult individual
13at risk
.
AB539, s. 209 14Section 209. 813.123 (6) (c) of the statutes is amended to read:
AB539,74,2315 813.123 (6) (c) That the respondent interfered with , or, based on prior conduct
16of the respondent, may interfere with, an investigation of the elder adult at risk
17under s. 46.90 (5),
an investigation of the vulnerable adult adult at risk under s.
1855.043, the delivery of protective services to the vulnerable adult individual at risk
19under s. 55.05 or, a protective placement of the vulnerable adult individual at risk
20under s. 55.06, or the delivery of services to the elder adult at risk under s. 46.90 (5m);
21or that the respondent engaged in, or threatened to engage in, the abuse, financial
22exploitation, neglect, stalking, or harassment of an individual at risk or
23mistreatment of an animal
.
AB539, s. 210 24Section 210. 813.123 (7) of the statutes is amended to read:
AB539,75,8
1813.123 (7) Interference order. Any order under this section directing a
2person to avoid interference with an investigation of a vulnerable adult under s.
355.043, the delivery of protective services to a vulnerable adult under s. 55.05 or a
4protective placement of a vulnerable adult under s. 55.06 prohibits the person
sub.
5(4) (ar) 1. or 2. or (5) (ar) 1. or 2. also shall prohibit the respondent
from intentionally
6preventing a representative or employee of the county protective services agency
7from meeting, communicating or being in visual or audio contact with the vulnerable
8adult
adult at risk, except as provided in the order.
AB539, s. 211 9Section 211. 813.123 (9) (intro.) of the statutes is amended to read:
AB539,75,1110 813.123 (9) (intro.) A law enforcement officer may shall arrest and take a
11person into custody if all of the following occur:
AB539, s. 212 12Section 212. 813.123 (11) of the statutes is repealed.
AB539, s. 213 13Section 213. 880.01 (2) of the statutes is amended to read:
AB539,75,2214 880.01 (2) "Developmentally disabled person" means any individual having a
15disability attributable to mental retardation, cerebral palsy, epilepsy, autism or
16another neurological condition closely related to mental retardation or requiring
17treatment similar to that required for mentally retarded individuals, which has
18continued or can be expected to continue indefinitely, substantially impairs the
19individual from adequately providing for his or her own care or custody and
20constitutes a substantial handicap to the afflicted individual. The term does not
21include a person affected by senility which is primarily caused by the process of aging
22or the infirmities of aging degenerative brain disorder.
AB539, s. 214 23Section 214. 880.01 (4) of the statutes is amended to read:
AB539,76,324 880.01 (4) "Incompetent" means a person adjudged by a court of record to be
25substantially incapable of managing his or her property or caring for himself or

1herself by reason of infirmities of aging degenerative brain disorder, developmental
2disabilities, or other like incapacities. Physical disability without mental incapacity
3is not sufficient to establish incompetence.
AB539, s. 215 4Section 215. 880.01 (5) of the statutes is renumbered 880.01 (1t) and amended
5to read:
AB539,76,106 880.01 (1t) "Infirmities of aging" "Degenerative brain disorder" means organic
7brain damage caused by advanced age or other physical degeneration in connection
8therewith to the extent that the person so afflicted
the loss or dysfunction of brain
9cells to the extent that an individual
is substantially impaired in his or her ability
10to adequately provide adequately for his or her own care or custody.
AB539, s. 216 11Section 216. 895.85 (2) of the statutes is amended to read:
AB539,76,1612 895.85 (2) Scope. This section does not apply to awards of double damages or
13treble damages, or to the award of exemplary damages under ss. 46.90 (6) (c) (9) (a)
14and (b), 51.30 (9), 51.61 (7), 55.043 (9m) (a) and (b), 103.96 (2), 134.93 (5), 146.84 (1)
15(b) and (bm), 153.85, 252.14 (4), 252.15 (8) (a), 610.70 (7) (b), 943.245 (2) and (3) and
16943.51 (2) and (3).
AB539, s. 217 17Section 217. 940.225 (2) (j) of the statutes is created to read:
AB539,76,2018 940.225 (2) (j) Is a licensee, employee, or nonclient resident of an entity, as
19defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual
20intercourse with a client of the entity.
AB539, s. 218 21Section 218. 940.225 (5) (ab) of the statutes is renumbered 940.225 (5) (acm).
AB539, s. 219 22Section 219. 940.225 (5) (abm) and (ak) of the statutes are created to read:
AB539,76,2423 940.225 (5) (abm) "Client" means an individual who receives direct care or
24treatment services from an entity.
AB539,77,3
1(ak) "Nonclient resident" means an individual who resides, or is expected to
2reside, at an entity, who is not a client of the entity, and who has, or is expected to
3have, regular, direct contact with the clients of the entity.
AB539, s. 220 4Section 220. 940.285 (title) of the statutes is amended to read:
AB539,77,5 5940.285 (title) Abuse of vulnerable adults individuals at risk.
AB539, s. 221 6Section 221. 940.285 (1) (a) of the statutes is repealed.
AB539, s. 222 7Section 222. 940.285 (1) (ag) of the statutes is created to read:
AB539,77,88 940.285 (1) (ag) "Abuse" means any of the following:
AB539,77,99 1. Physical abuse, as defined in s. 46.90 (1) (fg).
AB539,77,1010 2. Emotional abuse, as defined in s. 46.90 (1) (cm).
AB539,77,1111 3. Sexual abuse, as defined in s. 46.90 (1) (gd).
AB539,77,1212 4. Treatment without consent, as defined in s. 46.90 (1) (h).
AB539,77,1313 5. Unreasonable confinement or restraint, as defined in s. 46.90 (1) (i).
AB539,77,1714 6. Deprivation of a basic need for food, shelter, clothing, or personal or health
15care, including deprivation resulting from the failure to provide or arrange for a basic
16need by a person who has assumed responsibility for meeting the need voluntarily
17or by contract, agreement, or court order.
AB539, s. 223 18Section 223. 940.285 (1) (am) of the statutes is created to read:
AB539,77,1919 940.285 (1) (am) "Adult at risk" has the meaning given in s. 55.01 (1e).
AB539, s. 224 20Section 224. 940.285 (1) (b), (bm), (c) and (d) of the statutes are repealed.
AB539, s. 225 21Section 225. 940.285 (1) (dc) of the statutes is created to read:
AB539,77,2222 940.285 (1) (dc) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
AB539, s. 226 23Section 226. 940.285 (1) (dg) of the statutes is created to read:
AB539,77,2524 940.285 (1) (dg) "Individual at risk" means an elder adult at risk or an adult
25at risk.
AB539, s. 227
1Section 227. 940.285 (1) (e) of the statutes is repealed.
AB539, s. 228 2Section 228. 940.285 (2) (title) and (a) 1. to 3. of the statutes are amended to
3read:
AB539,78,44 940.285 (2) (title) Maltreatment Abuse; penalties.
AB539,78,65 (a) 1. Intentionally subjects a vulnerable adult an individual at risk to
6maltreatment abuse.
AB539,78,87 2. Recklessly subjects a vulnerable adult an individual at risk to maltreatment
8abuse.
AB539,78,109 3. Negligently subjects a vulnerable adult an individual at risk to
10maltreatment abuse.
AB539, s. 229 11Section 229. 940.295 (1) (a) of the statutes is renumbered 940.295 (1) (am).
AB539, s. 230 12Section 230. 940.295 (1) (ad) of the statutes is created to read:
AB539,78,1313 940.295 (1) (ad) "Abuse" has the meaning given in s. 46.90 (1) (a).
AB539, s. 231 14Section 231. 940.295 (1) (ag) of the statutes is created to read:
AB539,78,1515 940.295 (1) (ag) "Adult at risk" has the meaning given in s. 55.01 (1e).
AB539, s. 232 16Section 232. 940.295 (1) (b) of the statutes is amended to read:
AB539,78,1817 940.295 (1) (b) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1)
18(aj)
.
AB539, s. 233 19Section 233. 940.295 (1) (cm) of the statutes is repealed.
AB539, s. 234 20Section 234. 940.295 (1) (hm) of the statutes is repealed.
AB539, s. 235 21Section 235. 940.295 (1) (j) of the statutes is repealed.
AB539, s. 236 22Section 236. 940.295 (1) (jm) of the statutes is repealed.
AB539, s. 237 23Section 237. 940.295 (1) (k) of the statutes is repealed and recreated to read:
AB539,78,2424 940.295 (1) (k) "Neglect" has the meaning given in s. 46.90 (1) (f).
AB539, s. 238 25Section 238. 940.295 (1) (km) of the statutes is repealed and recreated to read:
AB539,79,3
1940.295 (1) (km) "Negligence" means an act, omission, or course of conduct that
2the actor should realize creates a substantial and unreasonable risk of death, great
3bodily harm, or bodily harm to another person.
AB539, s. 239 4Section 239. 940.295 (1) (kp) of the statutes is repealed.
AB539, s. 240 5Section 240. 940.295 (1) (n) of the statutes is repealed.
AB539, s. 241 6Section 241. 940.295 (1) (o) of the statutes is amended to read:
AB539,79,97 940.295 (1) (o) "Recklessly" means conduct which that creates a situation of
8unreasonable risk of death or harm to and demonstrates a conscious disregard for
9the safety of the patient or resident.
AB539, s. 242 10Section 242. 940.295 (1) (t) of the statutes is repealed.
AB539, s. 243 11Section 243. 940.295 (3) (a) 3. of the statutes is amended to read:
AB539,79,1312 940.295 (3) (a) 3. Negligently abuses Abuses or neglects, with negligence, a
13patient or a resident.
AB539, s. 244 14Section 244. 940.295 (3) (b) 1g. of the statutes is amended to read:
AB539,79,1815 940.295 (3) (b) 1g. Any person violating par. (a) 1. or 2. under circumstances
16that cause death to a vulnerable person an individual at risk is guilty of a Class C
17felony. Any person violating par. (a) 3. under circumstances that cause death to a
18vulnerable person
an individual at risk is guilty of a Class D felony.
AB539, s. 245 19Section 245. 940.295 (3) (b) 1m. of the statutes is amended to read:
AB539,79,2220 940.295 (3) (b) 1m. Any person violating par. (a) under circumstances that
21cause great bodily harm to a vulnerable person an individual at risk is guilty of a
22Class E felony.
AB539, s. 246 23Section 246. 943.20 (2) (a) of the statutes is renumbered 943.20 (2) (ag).
AB539, s. 247 24Section 247. 943.20 (2) (ac) of the statutes is created to read:
AB539,79,2525 943.20 (2) (ac) "Adult at risk" has the meaning given in s. 55.01 (1e).
AB539, s. 248
1Section 248. 943.20 (2) (ad) of the statutes is created to read:
AB539,80,22 943.20 (2) (ad) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
AB539, s. 249 3Section 249. 943.20 (2) (ae) of the statutes is created to read:
AB539,80,54 943.20 (2) (ae) "Individual at risk" means an elder adult at risk or an adult at
5risk.
AB539, s. 250 6Section 250. 943.20 (2) (e) of the statutes is repealed.
AB539, s. 251 7Section 251. 943.20 (3) (d) 6. of the statutes is amended to read:
AB539,80,98 943.20 (3) (d) 6. The property is taken from a patient or resident of a facility
9or program under s. 940.295 (2) or from a vulnerable adult an individual at risk.
AB539, s. 252 10Section 252. Initial applicability.
AB539,80,2211 (1) Elder-adult-at risk reports. The treatment of sections 20.435 (7) (dh),
1246.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (4) (h), 46.90 (1) (a),
13(aj), (an), (b), (br), (bt), (c), (cm), (d), (e), (ed), (eg), (er), (f), (fg), (g), (gd), (gf), (gr), (h),
14and (i), (2), (3) (title), (a), (b), and (c), (4) (a) 1. and 2., (ab), (ad), (ae), (b) 1. b., c., and
15cm. and 2. c., (c), (d), and (e), (5) (title), (b) (intro.) and 1. to 5., (br), (c), (d) 1. and 2.,
16(f), (g), and (h), (5m) (title), (a), (b), (br), and (c), (6) (a), (ac), (b) (intro.), 1., 2., 3., 4.,
175., 6., 7., 9., and 10., (bd), (br), (bt), (bv), (bw), (by), (c) 1., 2., and 3., (7), (8) (a), (b), (c),
18and (d), and (9) (title) and (e), 51.42 (3) (e), and 51.437 (4r) (b) of the statutes, the
19renumbering and amendment of section 46.90 (5) (a) of the statutes, and the creation
20of section 46.90 (5) (a) 2. and (b) 6. of the statutes first apply to reports of alleged
21abuse, financial exploitation, neglect, or self-neglect received on the effective date
22of this subsection.
AB539,81,223 (2) Criminal history and patient abuse record search. The treatment of
24section 50.065 (1) (br) and (cg), (4m) (a) 3. and (b) 3., and (7) (c) of the statutes first

1applies to findings made by units of government or state agencies on the effective
2date of this subsection.
AB539,81,53 (3) Emergency detentions and civil commitments. The treatment of section
451.01 (2g) (b), (3g), and (5) (a) of the statutes first applies to emergency detentions
5and civil commitments made on the effective date of this subsection.
AB539,81,86 (4) Requests for service. The treatment of section 51.62 (1) (ag), (ar), and (br)
7and (3) (a) 2m. of the statutes first applies to requests for service made to the
8protection and advocacy agency on the effective date of this subsection.
AB539,81,179 (5) Adult-at-risk reports. The treatment of sections 55.001, 55.01 (1), (1e),
10(1f), (1m), (1p), (1t), (1v), (2), (2s), (3), (4g), (4p), (4r), (6), (6d), (6g), and (7), 55.02,
1155.043 (title), (1) (title), (a) (intro.), 1., 2., 3., 4., and 5., (b) (intro.), 1. and 2. (intro.),
12a., and b., (1d), (1g), (1m), (1r) (title), (a) 2., (b) (intro.), 3., and 6. a. and b., (c) 2. b.,
13and (d), (3), (4) (title), (intro.), (a), (am), (b), (c), (d), (e), and (f), (5), (5g), (6), (7), (8),
14(9), and (9m), 55.06 (2) (c) and (11) (a), and 106.54 (5) of the statutes, the renumbering
15and amendment of section 55.043 (2) of the statutes, and the creation of section
1655.043 (2) (b) of the statutes first apply to reports of alleged abuse, financial
17exploitation, neglect, or self-neglect received on the effective date of this subsection.
AB539,81,2118 (6) Reports to department. The treatment of section 146.40 (1) (ab) and (aw),
19(4g) (a) 3., and (4r) (a), (am) 1., 2., and 3., and (b) of the statutes first applies to reports
20made to the department of health and family services on the effective date of this
21subsection.
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