Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 1075
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 43-47-19, Mississippi Code of 1972, is amended as follows:
43-47-19. (1) It shall be unlawful for any person to abuse, neglect or exploit any vulnerable person.
(2) (a) Any person who willfully commits an act or willfully omits the performance of any duty, which act or omission contributes to, tends to contribute to, or results in neglect, physical pain, injury, mental anguish, unreasonable confinement or deprivation of services which are necessary to maintain the mental or physical health of a vulnerable person, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year in the county jail, or by both such fine and imprisonment. Any accepted medical procedure performed in the usual scope of practice shall not be a violation of this subsection.
(b) Any person who willfully exploits a vulnerable person, where the value of the exploitation is less than Two Hundred Fifty Dollars ($250.00), shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment not to exceed one (1) year in the county jail, or by both such fine and imprisonment; where the value of the exploitation is Two Hundred Fifty Dollars ($250.00) or more, the person who exploits a vulnerable person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years.
(3) Any person who willfully inflicts physical pain or injury upon a vulnerable person shall be guilty of felonious abuse or battery, or both, of a vulnerable person and, upon conviction thereof, may be punished by imprisonment in the State Penitentiary for not more than twenty (20) years.
(4) Any person who willfully inflicts severe mental anguish upon a vulnerable person shall be guilty of a felony and shall be sentenced to not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections and shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).
( * * *5) For any third or subsequent
misdemeanor conviction of any person violating any part of this section, the
offenses being committed within a period of five (5) years, such person shall
be guilty of a felony and shall be sentenced to not less than one (1) year nor
more than five (5) years in the custody of the Department of Corrections and
shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than
Five Thousand Dollars ($5,000.00).
( * * *6) Nothing contained in this section
shall prevent proceedings against a person under any statute of this state or
municipal ordinance defining any act as a crime or misdemeanor.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 43-47-19, MISSISSIPPI CODE OF 1972, TO INCLUDE THE INTENTIONAL INFLICTION OF SEVERE MENTAL ANGUISH UPON A VULNERABLE PERSON AS A FELONY; AND FOR RELATED PURPOSES.