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 9  AN ACT concerning crimes and punishment; relating to mistreatment of
10    a dependent adult; amending K.S.A. 21-3437 and repealing the existing
11    section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 21-3437 is hereby amended to read as follows: 21-
15  3437. (a) Mistreatment of a dependent adult is knowingly and intention-
16  ally committing one or more of the following acts:
17    (1) (A)  Intentionally causing infliction of physical injury, unreason-
18  able confinement or cruel punishment upon a dependent adult; or
19    (B)  recklessly causing infliction of physical injury, unreasonable con-
20  finement or cruel punishment upon a dependent adult;
21    (2)  intentionally taking unfair advantage of a dependent adult's phys-
22  ical or financial resources for another individual's personal or financial
23  advantage by the use of undue influence, coercion, harassment, duress,
24  deception, false representation or false pretense by a caretaker or another
25  person; or
26    (3)  intentionally omitting or depriving treatment, goods or services
27  by a caretaker or another person which are necessary to maintain physical
28  or mental health of a dependent adult.
29    (b)  No dependent adult is considered to be mistreated for the sole
30  reason that such dependent adult relies upon or is being furnished treat-
31  ment by spiritual means through prayer in lieu of medical treatment in
32  accordance with the tenets and practices of a recognized church or relig-
33  ious denomination of which such dependent adult is a member or ad-
34  herent.
35    (c)  For purposes of this section: ``Dependent adult'' means an indi-
36  vidual 18 years of age or older who is unable to protect their own interest.
37  Such term shall include:
38    (1)  Any resident of an adult care home including but not limited to
39  those facilities defined by K.S.A. 39-923 and amendments thereto;
40    (2)  any adult cared for in a private residence;
41    (3)  any individual kept, cared for, treated, boarded or otherwise ac-
42  commodated in a medical care facility;
43    (4)  any individual with mental retardation or a developmental disa-
HB 2253
                                     

 1  bility receiving services through a community mental retardation facility
 2  or residential facility licensed under K.S.A. 75-3307b and amendments
 3  thereto;
 4    (5)  any individual with a developmental disability receiving services
 5  provided by a community service provider as provided in the develop-
 6  mental disability reform act; or
 7    (6)  any individual kept, cared for, treated, boarded or otherwise ac-
 8  commodated in a state psychiatric hospital or state institution for the
 9  mentally retarded.
10    (d)  Mistreatment of a dependent adult as defined in subsection
11    (a)(1)(A) is a severity level 5, person felony. Mistreatment of a dependent
12  adult as defined in subsection (a)(1) (a)(1)(B) is a severity level 6, person
13  felony. Mistreatment of a dependent adult as defined in subsection (a)(2)
14  and (a)(3) is a class A person misdemeanor.
15    Sec. 2.  K.S.A. 21-3437 is hereby repealed.
16    Sec. 3.  This act shall take effect and be in force from and after its
17  publication in the statute book.