AB539: Bill Text

AB539,75,11 813.123 (9) (intro.) A law enforcement officer may shall arrest and take a person into custody if all of the following occur:

AB539, s. 212 Section 212. 813.123 (11) of the statutes is repealed.

AB539, s. 213 Section 213. 880.01 (2) of the statutes is amended to read:

AB539,75,22 880.01 (2) "Developmentally disabled person" means any individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the individual from adequately providing for his or her own care or custody and constitutes a substantial handicap to the afflicted individual. The term does not include a person affected by senility which is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder.

AB539, s. 214 Section 214. 880.01 (4) of the statutes is amended to read:

AB539,76,3 880.01 (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.

AB539, s. 215 Section 215. 880.01 (5) of the statutes is renumbered 880.01 (1t) and amended to read:

AB539,76,10 880.01 (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.

AB539, s. 216 Section 216. 895.85 (2) of the statutes is amended to read:

AB539,76,16 895.85 (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).

AB539, s. 217 Section 217. 940.225 (2) (j) of the statutes is created to read:

AB539,76,20 940.225 (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.

AB539, s. 218 Section 218. 940.225 (5) (ab) of the statutes is renumbered 940.225 (5) (acm).

AB539, s. 219 Section 219. 940.225 (5) (abm) and (ak) of the statutes are created to read:

AB539,76,24 940.225 (5) (abm) "Client" means an individual who receives direct care or treatment services from an entity.

AB539,77,3 (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.

AB539, s. 220 Section 220. 940.285 (title) of the statutes is amended to read:

AB539,77,5 940.285 (title) Abuse of vulnerable adults individuals at risk.

AB539, s. 221 Section 221. 940.285 (1) (a) of the statutes is repealed.

AB539, s. 222 Section 222. 940.285 (1) (ag) of the statutes is created to read:

AB539,77,8 940.285 (1) (ag) "Abuse" means any of the following:

AB539,77,9 1. Physical abuse, as defined in s. 46.90 (1) (fg).

AB539,77,10 2. Emotional abuse, as defined in s. 46.90 (1) (cm).

AB539,77,11 3. Sexual abuse, as defined in s. 46.90 (1) (gd).

AB539,77,12 4. Treatment without consent, as defined in s. 46.90 (1) (h).

AB539,77,13 5. Unreasonable confinement or restraint, as defined in s. 46.90 (1) (i).

AB539,77,17 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.

AB539, s. 223 Section 223. 940.285 (1) (am) of the statutes is created to read:

AB539,77,19 940.285 (1) (am) "Adult at risk" has the meaning given in s. 55.01 (1e).

AB539, s. 224 Section 224. 940.285 (1) (b), (bm), (c) and (d) of the statutes are repealed.

AB539, s. 225 Section 225. 940.285 (1) (dc) of the statutes is created to read:

AB539,77,22 940.285 (1) (dc) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).

AB539, s. 226 Section 226. 940.285 (1) (dg) of the statutes is created to read:

AB539,77,25 940.285 (1) (dg) "Individual at risk" means an elder adult at risk or an adult at risk.

AB539, s. 227 Section 227. 940.285 (1) (e) of the statutes is repealed.

AB539, s. 228 Section 228. 940.285 (2) (title) and (a) 1. to 3. of the statutes are amended to read:

AB539,78,4 940.285 (2) (title) Maltreatment Abuse; penalties.

AB539,78,6 (a) 1. Intentionally subjects a vulnerable adult an individual at risk to maltreatment abuse.

AB539,78,8 2. Recklessly subjects a vulnerable adult an individual at risk to maltreatment abuse.

AB539,78,10 3. Negligently subjects a vulnerable adult an individual at risk to maltreatment abuse.

AB539, s. 229 Section 229. 940.295 (1) (a) of the statutes is renumbered 940.295 (1) (am).

AB539, s. 230 Section 230. 940.295 (1) (ad) of the statutes is created to read:

AB539,78,13 940.295 (1) (ad) "Abuse" has the meaning given in s. 46.90 (1) (a).

AB539, s. 231 Section 231. 940.295 (1) (ag) of the statutes is created to read:

AB539,78,15 940.295 (1) (ag) "Adult at risk" has the meaning given in s. 55.01 (1e).

AB539, s. 232 Section 232. 940.295 (1) (b) of the statutes is amended to read:

AB539,78,18 940.295 (1) (b) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1) (aj).

AB539, s. 233 Section 233. 940.295 (1) (cm) of the statutes is repealed.

AB539, s. 234 Section 234. 940.295 (1) (hm) of the statutes is repealed.

AB539, s. 235 Section 235. 940.295 (1) (j) of the statutes is repealed.

AB539, s. 236 Section 236. 940.295 (1) (jm) of the statutes is repealed.

AB539, s. 237 Section 237. 940.295 (1) (k) of the statutes is repealed and recreated to read:

AB539,78,24 940.295 (1) (k) "Neglect" has the meaning given in s. 46.90 (1) (f).

AB539, s. 238 Section 238. 940.295 (1) (km) of the statutes is repealed and recreated to read:

AB539,79,3 940.295 (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.

AB539, s. 239 Section 239. 940.295 (1) (kp) of the statutes is repealed.

AB539, s. 240 Section 240. 940.295 (1) (n) of the statutes is repealed.

AB539, s. 241 Section 241. 940.295 (1) (o) of the statutes is amended to read:

AB539,79,9 940.295 (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.

AB539, s. 242 Section 242. 940.295 (1) (t) of the statutes is repealed.

AB539, s. 243 Section 243. 940.295 (3) (a) 3. of the statutes is amended to read:

AB539,79,13 940.295 (3) (a) 3. Negligently abuses Abuses or neglects, with negligence, a patient or a resident.

AB539, s. 244 Section 244. 940.295 (3) (b) 1g. of the statutes is amended to read:

AB539,79,18 940.295 (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.

AB539, s. 245 Section 245. 940.295 (3) (b) 1m. of the statutes is amended to read:

AB539,79,22 940.295 (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.

AB539, s. 246 Section 246. 943.20 (2) (a) of the statutes is renumbered 943.20 (2) (ag).

AB539, s. 247 Section 247. 943.20 (2) (ac) of the statutes is created to read:

AB539,79,25 943.20 (2) (ac) "Adult at risk" has the meaning given in s. 55.01 (1e).

AB539, s. 248 Section 248. 943.20 (2) (ad) of the statutes is created to read:

AB539,80,2 943.20 (2) (ad) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).

AB539, s. 249 Section 249. 943.20 (2) (ae) of the statutes is created to read:

AB539,80,5 943.20 (2) (ae) "Individual at risk" means an elder adult at risk or an adult at risk.

AB539, s. 250 Section 250. 943.20 (2) (e) of the statutes is repealed.

AB539, s. 251 Section 251. 943.20 (3) (d) 6. of the statutes is amended to read:

AB539,80,9 943.20 (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.

AB539, s. 252 Section 252. Initial applicability.

AB539,80,22 (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.

AB539,81,2 (2) Criminal history and patient abuse record search. The treatment of section 50.065 (1) (br) and (cg), (4m) (a) 3. and (b) 3., and (7) (c) of the statutes first applies to findings made by units of government or state agencies on the effective date of this subsection.

AB539,81,5 (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.

AB539,81,8 (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.

AB539,81,17 (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.

AB539,81,21 (6) Reports to department. The treatment of section 146.40 (1) (ab) and (aw), (4g) (a) 3., and (4r) (a), (am) 1., 2., and 3., and (b) of the statutes first applies to reports made to the department of health and family services on the effective date of this subsection.

AB539,82,4 (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.

AB539,82,7 (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.

AB539,82,10 (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.

AB539,82,13 (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.

AB539,82,17 (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.

AB539,82,20 (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.