South Carolina General Assembly
115th Session, 2003-2004

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Bill 4004

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COMMITTEE REPORT

May 7, 2003

H. 4004

Introduced by Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod

S. Printed 5/7/03--H.

Read the first time April 16, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4004) to amend Section 43-35-10, Code of Laws of South Carolina, 1976, relating to definitions of terms in the Omnibus Adult Protection Act, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

G. MURRELL SMITH, JR. for Committee.

            

A BILL

TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 43-35-10(3) of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"(3)    'Exploitation' means:

(a)    causing or requiring a vulnerable adult to engage in activity or labor which is improper, illegal, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient; or

(b)    an improper, illegal, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or

(c)    causing a vulnerable adult to purchase goods or services for the profit or advantage of another through undue influence, harassment, duress, force, coercion, or swindling."

SECTION    2.    This act takes effect upon approval by the Governor.

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