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Current Status Bill Number:View additional legislative information at the LPITS web site.660 Ratification Number:71 Act Number:56 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990325 Primary Sponsor:Judiciary Committee SJ 11 All Sponsors:Judiciary Committee Drafted Document Number:l:\s-jud\bills\\\jud0044.11.doc Date Bill Passed both Bodies:19990514 Governor's Action:S Date of Governor's Action:19990601 Subject:Vulnerable adult, abuse, neglect, exploitation of; unlawful, penalties; Aging, Crimes and Offenses, Residential Care History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A56 ------ 19990601 Signed by Governor ------ 19990526 Ratified R71 House 19990514 Read third time, enrolled for ratification House 19990513 Read second time, unanimous consent for third reading on the next Legislative day House 19990512 Committee report: Favorable 25 HJ House 19990406 Introduced, read first time, 25 HJ referred to Committee Senate 19990331 Read third time, sent to House Senate 19990330 Read second time, notice of general amendments Senate 19990325 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on March 25, 1999 - Word format Revised on May 12, 1999 - Word format
(A56, R71, S660)
AN ACT TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS; TO AMEND SECTION 16-1-90, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN DEATH IS A CLASS A FELONY, TO FURTHER PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS A CLASS D FELONY, AND TO FURTHER PROVIDE THAT ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT IS A CLASS F FELONY; TO ADD SECTION 16-3-1050, SO AS TO PROVIDE PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT.
Be it enacted by the General Assembly of the State of South Carolina:
Penalties for abuse, neglect, and exploitation of a vulnerable adult
SECTION 1. Section 43-35-85 of the 1976 Code, as added by Act 110 of 1993, is amended to read:
"Section 43-35-85. (A) A person required to report under this chapter who has actual knowledge that abuse, neglect, or exploitation has occurred and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year. A person required to report under this chapter who has reason to believe that abuse, neglect, or exploitation has occurred or is likely to occur and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is subject to disciplinary action as may be determined necessary by the appropriate licensing board.
(B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.
(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.
(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years.
(H) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to this chapter, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned for not more than three years.
As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
Listing of Class A felonies; abuse, neglect, or exploitation of a vulnerable adult resulting in death added
SECTION 2. Section 16-1-90 (A) of the 1976 Code, as last amended by Act 372 of 1998, is further amended to read:
"(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, as set forth in Section 16-1-20(A), apply:
16-3-50 Manslaughter--voluntary
16-3-652 Criminal sexual conduct
First degree
16-3-655 Criminal sexual conduct with minors
if victim under 11 years of age
First degree
16-3-656 Assault with intent to commit criminal
sexual conduct
First degree
16-3-658 Criminal sexual conduct where victim
is legal spouse (separated) First degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-3-1075(B)(2) Carjacking (great bodily injury)
16-11-110(A) Arson in the first degree
16-11-380 Entering bank, depository, or building and loan association with intent to steal
16-11-330(A) Robbery while armed with a deadly weapon
16-11-390 Safecracking
24-13-450 Taking of a hostage by an inmate
43-35-85(F), 16-3-1050(F) Abuse or neglect of a vulnerable adult
resulting in death
44-53-370 Prohibited Acts A, penalties (b)(1) (narcotic drugs in Schedules I(b) and
(c), LSD, and Schedule II) second, third, or subsequent offense
44-53-370(e)(2)(a)2 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more but less than 28 grams)
Second offense
44-53-370(e)(2)(b)2 Prohibited Acts, penalties (trafficking
in cocaine, 28 grams or more but less
than 100 grams)
Second offense
44-53-370(e)(5)(a)2 Prohibited Acts, penalties (trafficking
in LSD, 100 dosage units or more but less than 500 dosage units)
Second offense
44-53-370(e)(5)(b)2 Prohibited Acts, penalties (trafficking
in LSD, 500 dosage units or more but
less than 1,000 dosage units)
Second offense
44-53-370(e)(6)(d) Prohibited Acts, penalties (trafficking
in flunitrazepam, 5 kilograms or
more)
44-53-370(g)(1)(b) Prohibited Acts A, penalties
(distribution of narcotic drugs in
Schedules I(b) and (c), LSD, and
Schedule II with intent to commit a
crime)
Second offense
44-53-370(g)(1)(c) Prohibited Acts A, penalties
(distribution of narcotic drugs in
Schedules I(b) and (c), LSD, and
Schedule II with intent to commit a
crime)
Third or subsequent offense
44-53-375(B)(3) Manufacture, distribution, etc., ice,
crank, or crack cocaine
Third or subsequent offense
44-53-375(C)(1)(b) Trafficking in ice, crank, or crack
cocaine (10 grams or more but less
than 28 grams)
Second offense
44-53-375(C)(2)(b) Trafficking in ice, crank, or crack cocaine (28 grams or more but less
than 100 grams)
Second offense
55-1-30(3) Unlawful removing or damaging of
airport facility or equipment when
death results
56-5-1030(B)(3) Interference with traffic-control
devices or railroad signs or signals
prohibited when death results from
violation
58-17-4090 Penalty for obstruction of railroad"
Listing of Class D felonies; abuse, neglect, and exploitation of a vulnerable adult resulting in great bodily injury added
SECTION 3. Section 16-1-90 (D) of the 1976 Code, as last amended by Act 372 of 1998, is further amended to read:
"(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply:
16-3-1090(B) Assist another person in committing
suicide
16-3-1730(C) Aggravated stalking within seven years of a conviction of
harassment or
stalking
16-11-312 Burglary--second degree
16-11-325 Common law robbery
16-11-550 Threatening to kill, injure or
intimidate individual or damage or
destroy property by means of
explosive or incendiary
Second and subsequent offense
16-15-140 Committing or attempting lewd act
upon child under 14
24-13-410(B)(D) Escaping or attempting to escape from
prison or possessing tools or weapons
used to escape, recaptured in State
24-13-470 Inmate throwing bodily fluids on a
correctional facility employee
43-35-85(E), 16-3-1050(E) Abuse or neglect of a vulnerable adult
resulting in great bodily injury
44-53-370(b)(1) Prohibited Acts A, penalties (narcotic
drugs in Schedule I (b) and (c), LSD,
and Schedule II)
First offense
44-53-370 Prohibited Acts A, penalties (g)(2)(a)
(distribution of controlled substances
with intent to commit a crime)
First offense
44-53-375(A) Possession of less than 1 gram of ice,
crank, or crack cocaine
Third or subsequent offense
44-53-375(B)(1) Manufacture, distribution, etc., ice,
crank, or crack cocaine
First offense
44-53-577 Unlawful to hire, solicit, direct a
person under 17 years of age to
transport, conceal, or conduct
financial transaction relating to
unlawful drug activity
56-5-2945(A)(1) Causing great bodily injury by
operating vehicle while under
influence of drugs or alcohol"
Listing of Class F felonies; abuse, neglect, and exploitation of a vulnerable adult added
SECTION 4. Section 16-1-90 (F) of the 1976 Code is amended to read:
"(F) The following offenses are Class F felonies and the maximum terms established for a Class F felony, as set forth in Section 16-1-20(A), apply:
7-25-50 Bribery at elections
First offense
7-25-60 Procuring or offering to procure votes
by bribery
First offense
7-25-190 Illegal conduct at elections generally
8-13-725(B) Public official disclosing confidential information
12-7-2750 Failure to pay tax, make return, or supply information or making false
returns or statements with intent to evade
12-9-840 Failure to make return, or withhold or
remit tax with intent to evade law,
false or fraudulent returns or
statements
12-21-2716 Unlawful manufacture or sale of slugs
to be used in coin-operated devices
12-21-2794 Tampering with video game machine
12-21-4150 Posing as a bingo player with the
intent to defraud bingo customers
12-21-6040(A)2 Revealing facts contained in report
under Marijuana and Controlled
Substance Tax Act
12-27-50 Penalties for wilful violations of
gasoline tax
12-29-610 Penalties for wilful violations of
chapter concerning motor fuels other
than gasoline
12-31-670 Penalties for wilful violations
concerning chapter on road tax on
motor carriers
12-45-110 Penalties for certain violations
pertaining to county taxes
12-54-40(K)(6)(b) Preparation of tax related document
by person convicted on preparing a
fraudulent tax document
16-1-57 Sentence based on value of property
involved in crime
Third or subsequent offense
16-3-60 Involuntary manslaughter
16-3-630 Assault of a correctional facility
employee
16-3-1040 Threatening life, person or family of
public official
16-3-1720(C) Stalking within seven years of a
conviction for harassment
16-3-1730(A) Aggravated stalking
16-5-10 Conspiracy against civil rights
16-5-130(1) Penalties for instigating, aiding or
participating in riot - resists
enforcement of statute of state or
United States, obstruct public officer,
Carries weapon, etc.
16-9-10 Perjury and subordination of perjury
16-9-30 False swearing before persons
authorized to administer oaths
16-9-210 Giving or offering bribes to officers
16-9-230 Acceptance of rebates or extra
compensation
16-9-260 Corrupting jurors, arbitrators,
umpires, or referees
16-9-270 Acceptance of bribes by jurors,
arbitrators, umpires, or referees
16-11-20 Making, mending or possessing tools
or other implements capable of being
used in crime
16-11-125 Making false claim or statement in
support of claim to obtain insurance
benefits for fire or explosion loss
16-11-130 Burning personal property to defraud
insurer
16-11-150 Burning lands of another without
consent
Second and subsequent offense
16-11-170 Wilfully burning lands of another
16-11-190 Wilfully and maliciously attempts to
burn
16-11-313(B) Burglary - third degree
First offense
16-11-510(B)(2) Malicious injury to animals and
personal property (value over $1,000
up to $5,000)
16-11-520(B)(2) Malicious injury to real property
(value over $1,000 up to $5,000)
16-11-617 Unlawful to cultivate or attempt to
cultivate marijuana on land of another
16-11-910(A) Transfer of recorded sounds for
unauthorized use or sale
16-11-930 Illegal distribution of recording
without name and address of
manufacturer and designation of
featured artist (See Section
16-11-940(A))
16-13-10(B)(2) Forgery (value over $1,000 up to
$5,000)
16-13-30(B)(1) Grand larceny (value over $1,000 up
to $5,000)
16-13-40(2) Stealing of bonds and the like (value
over $1,000 up to $5,000)
16-13-50(2) Stealing livestock, confiscation of
motor vehicle or other chattel (value
over $1,000 up to $5,000)
16-13-70(B)(2) Stealing of vessels and equipment -
payment of damages (value over
$1,000 up to $5,000)
16-13-110(B)(2) Shoplifting (value over $1,000 up to
$5,000)
16-13-160 Breaking into motor vehicles or tanks,
pumps, and other containers where
fuel or lubricants are stored
16-13-180(2) Receiving stolen goods (value over
$1,000 up to $5,000)
16-13-210(2) Embezzlement of less than $5,000 in
public funds
16-13-230(B)(2) Breach of trust with fraudulent intent
(value over $1,000 up to $5,000)
16-13-240(2) Obtaining signature or property by
false pretenses (value over $1,000 up
to $5,000)
16-13-260(2) Obtaining property under false tokens
or letters (value over $1,000 up to
$5,000)
16-13-420(B)(2) Failure to return rented objects,
fraudulent appropriation (value over
$1,000 up to $5,000)
16-13-425(2) Unlawful failure to return rented
video or cassette tape (value over
$1,000 up to $5,000)
16-13-430(C)(2) Fraudulent acquisition or use of food
stamps (value over $1,000 up to
$5,000)
16-14-20 Financial transaction card theft
16-14-40 Financial transaction card forgery
16-14-60 Financial transaction card theft--value
exceeds $500 in six-month period
16-14-70 Criminal possession of financial
transaction card forgery devices
16-14-80 Criminally receiving goods and
services fraudulently obtained with
financial transaction card (value over
$500)
16-15-10 Bigamy
16-15-120 Buggery
16-15-335 Unlawful to hire, employ, use, or
permit any person under 18 to do
anything violating obscenity statutes
16-15-345 Unlawful to disseminate obscene
material to any person under 18 years
of age
16-15-385 Dissemination of obscene material to
minors is unlawful
16-15-405(D) Sexual exploitation of a minor
Second degree
16-15-410 Sexual exploitation of a minor
Third degree
16-15-425(C) Participation in the prostitution of a
minor
16-16-20(3)(c) Computer Crime Act
Second degree
Second or subsequent offense
16-17-410 Conspiracy
16-17-495(B) Transporting a child under sixteen
years of age with the purpose of
concealing the child or avoiding a
custody order or statute
16-17-600(C) Destruction or desecration of human
remains or repositories - destroys,
tears down, injures fencing, trees,
flowers, or shrubs around a repository
of human remains
16-17-722(B) Knowingly file a false police report
regarding a felony
16-21-10 Altering, forging, or counterfeiting
certificate of title, registration card, or
license plate, misrepresentation or
concealment in application
16-21-40(A)(2), (A)(4) Removing or falsifying identification
number of vehicle or engine and
buying, receiving, or selling such
vehicle or engine
16-21-80(2) Receiving, possessing, concealing,
selling, or disposing of stolen vehicle
(value over $1,000 up to $5,000)
16-23-30 Sale or delivery of pistol to and
possession by certain persons
unlawful, stolen pistols (See Section
16-23-50)
16-23-410 Pointing firearms at a person
16-23-420 Carrying or displaying firearms in
public buildings or adjacent areas
16-23-430 Carrying weapons on school property
16-23-480 Manufacture or possession of article
designed to cause damage by fire or
other means
16-23-490 Possession of firearm or knife during
commission or attempt to commit
violent crime
16-23-520 Use, transportation, manufacture,
possession, purchase, or sale of
teflon-coated ammunition
16-27-30 Animal fighting or baiting
16-27-40 Presence at facility where animal
fighting or baiting is taking place
Third and subsequent offenses
16-54-40(K)(1) Wilful attempt to evade or defeat tax
imposed
16-54-40(K)(2) Wilful failure to collect or truthfully
account for and pay over tax
16-54-40(K)(6)(a) Wilfully assisting in false or fraudulent
return
23-3-470(B)(3) Failure of sex offender to register
Third or subsequent offense
23-3-475(B)(3) Providing false information when
registering as a sex offender
Third or subsequent offense
23-3-510(2) Committing a criminal offense by
using information obtained from the
sex offender registry
23-31-160 False information or evidence on
firearms license application (See
Section 23-31-190)
23-31-190 Penalties, violation concerning
regulation of pistols
23-36-170(a) Penalty (violation of South Carolina
Explosives Control Act)
First offense
24-1-270 Trespass or loitering on or refusal to
leave state correctional properties
24-3-210 Furloughs for qualified inmates of
state prison system-failure to return
(See Section 24-13-410)
27-32-120(B) Violation of vacation time sharing
plans
Third or subsequent offense
35-1-1590(2) Violations of Uniform Securities Act
in which the investor loses more than
$1,000 but less than $20,000
38-9-150 Return of deposited securities (making
false affidavit)
38-13-170 Making or aiding in making false
statement (Insurance)
38-55-170(2) Presenting false claim for payment
(Insurance) (value over $1,000 up to
$5,000)
39-22-90(A)(1)-(4), (9) Prohibited acts. State Warehouse
System (See Section 39-22-90(B))
39-23-80(B)(2) Adulterated, misbranded, or new
drugs and devices
Second offense
39-23-80(B)(3) Adulterated, misbranded, or new
drugs and devices - with intent to defraud or mislead
40-5-310 Unlawful practice of law by a person
43-29-41 Abuse of incapacitated persons
43-30-100 Abuse or physical or mental injury to
client or patient
43-35-85(B), (C), (D) Abuse, neglect, or exploitation of a
16-3-1050(B), (C), (D) vulnerable adult
44-41-80 Performing or soliciting unlawful
abortion
44-41-85(A) Performing a partial-birth abortion
44-53-40(B) Obtaining certain drugs, devices,
preparations, or compounds by fraud,
deceit, or the like
Second or subsequent offense
44-53-370(b)(2) Prohibited Acts A, penalties
(manufacture or possession of other
substances in Schedule I, II, III, or
flunitrazepam with intent to distribute)
First offense
44-53-370(b)(3) Prohibited Acts A, penalties
(manufacture or possession of
Schedule IV drugs except for
flunitrazepam with intent to distribute)
Second or subsequent offense
44-53-370(d)(1) Prohibited Acts A, penalties
(possession of narcotic drugs in
Schedule I (b), (c), LSD, and
Schedule II)
Second, third, or subsequent offenses
44-53-375(A) Possession of less than one gram of
ice, crank, or crack cocaine
First offense
44-53-380 Prohibited Acts B, penalties
44-53-390 Prohibited Acts C, penalties
44-53-395 Prohibited acts, penalties (prescription
drugs)
Second or subsequent offense
45-2-40(B)(2) Inflicting more than $1,000 but less
than $5,000 in damages to a lodging
establishment while using or possessing a controlled substance,
beer, wine, or alcohol
46-1-20(2) Stealing crops from the field (value
over $1,000 up to $5,000)
46-1-40(2) Stealing tobacco plants from bed
(value over $1,000 up to $5,000)
46-1-60(B)(2) Making away with produce before
payment (value over $1,000 up to
$5,000)
46-1-70(B)(2) Factors or commission merchants
failing to account for produce (value
over $1,000 up to $5,000)
46-41-30(2) Unlawful to engage in business as
dealer without license (agricultural
products)
Second or subsequent offense
47-3-760(B)(2) Penalty for owner of dangerous
animal which attacks and injures a
human
Second or subsequent offense
49-1-50(C)(2) Sale of drifted lumber or timber (value
over $1,000 up to $5,000)
55-1-30(1) Unlawful removing or damaging of
airport facility or equipment
56-1-1100 Habitual traffic offenders, violation of
free vehicle registration for disabled
veterans
56-5-750(B)(2) Failure to stop for a law enforcement
vehicle - Second or subsequent
offense (no death or injury occurs)
56-5-1030(B)(1) Interference with traffic-control
devices or railroad sign or signals
56-5-2780(B)(2) Unlawful passing a school bus when
death results
56-5-2930 Driving under influence of liquor,
drugs, or like substances unlawful
(See Section 56-5-2940(4))
Fourth or subsequent offense
56-29-30(B) Unlawful to alter, counterfeit, deface,
destroy, disguise, etc. a vehicle
identification number
56-29-30(C)(1) Unlawful to buy, dispose, sell,
transfer, or possess a motor vehicle or
part with tampered identification
number
56-29-30(D) Attempt to violate Motor Vehicle
Chop Shop, Stolen, and Altered
Property Act
56-29-30(E) Conspiracy to violate Motor Vehicle
Chop Shop, Stolen, and Altered
Property Act
57-1-60 Bribery of state highway
commissioners and employees
58-13-740 Violation of provisions concerning
transportation of explosive
compounds
58-15-820 Wilful obstruction of railroad or
electric railway
58-17-4100 Shooting or throwing missile at trains
59-102-20 Failure of athlete agent to register
59-102-30(B) Failure of athlete agent to notify
university of contract
59-102-30(H) Postdating of agent's contract by
agent prohibited"
Criminal penalties for failing to report, perpetrating or interfering with an investigation of abuse, neglect, or exploitation of a vulnerable adult
SECTION 5. The 1976 Code is amended by adding:
"Section 16-3-1050. (A) A person required to report abuse, neglect, or exploitation of a vulnerable adult under Chapter 35 of Title 43 who has actual knowledge that abuse, neglect, or exploitation has occurred and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year. A person required to report abuse, neglect, or exploitation of a vulnerable adult under Chapter 35 of Title 43 who has reason to believe that abuse, neglect, or exploitation has occurred or is likely to occur and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is subject to disciplinary action as may be determined necessary by the appropriate licensing board.
(B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.
(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.
(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years.
(H) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to Chapter 35 of Title 43, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned not more than three years.
As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 26th day of May, 1999.
Approved the 1st day of June, 1999.
This web page was last updated on Wednesday, December 9, 2009 at 9:07 A.M.