AB539: Bill Text

AB539, s. 242 Section 242. 940.295 (1) (t) of the statutes is repealed.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AB539, s. 250 Section 250. 943.20 (2) (e) of the statutes is repealed.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.

AB539,82,21 (End)