Session of 1999
HOUSE BILL No. 2081
By Committee on Judiciary
1-21
9 AN ACT concerning crimes and punishment; relating to mistreatment
10 of a dependent adult; amending K.S.A. 21-3437 and repealing the ex-
11 isting 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) Infliction of physical injury, unreasonable confinement or cruel
18 punishment upon a dependent adult;
19 (1) (A) Intentionally inflicting abuse upon a dependent adult; or
20 (B) recklessly inflicting abuse upon a dependent adult; or
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
34 adherent.
35 (c) For purposes of this section:
36 (1) "Dependent adult" means an individual 18 years of age or older
37 who is unable to protect their such individual's own interest. Such term
38 shall include, including:
39 (1) (A) Any resident of an adult care home including but not limited
40 to those facilities defined by K.S.A. 39-923 and amendments thereto;
41 (2) (B) any adult cared for in a private residence;
42 (3) (C) any individual kept, cared for, treated, boarded or otherwise
43 accommodated in a medical care facility;
44 (4) (D) any individual with mental retardation or a developmental
45 disability receiving services through a community mental retardation fa-
46 cility or residential facility licensed under K.S.A. 75-3307b and amend-
47 ments thereto;
48 (5) (E) any individual with a developmental disability receiving serv-
49 ices provided by a community service provider as provided in the devel-
50 opmental disability reform act; or
51 (6) (F) any individual kept, cared for, treated, boarded or otherwise
52 accommodated in a state psychiatric hospital or state institution for the
53 mentally retarded.
54 (2) "Abuse" means any act or failure to act that causes or is likely to
55 cause harm to a dependent adult, including:
56 (A) Infliction of physical or mental injury;
57 (B) unreasonable use of a physical restraint, isolation or medication
58 that harms or is likely to harm a dependent adult;
59 (C) unreasonable use of a physical or chemical restraint, medication
60 or isolation as punishment, for convenience, in conflict with a physician's
61 order or as a substitute for treatment, except where such conduct or phys-
62 ical restraint is in furtherance of the health and safety of the dependent
63 adult;
64 (D) a threat or menacing conduct directed toward a dependent adult
65 that results or might reasonably be expected to result in fear or emotional
66 or mental distress to a dependent adult;
67 (E) fiduciary abuse as defined in subsection (e) of K.S.A. 39-1430,
68 and amendments thereto.
69 (d) (1) Mistreatment of a dependent adult as defined in subsection
70 (a)(1)(A) is a severity level 6 5, person felony. Mistreatment of a depend-
71 ent adult as defined in subsection (a)(2) and (a)(3) (a)(1)(B) is a class A
72 person misdemeanor severity level 6, person felony.
73 (2) Mistreatment of a dependent adult as defined in subsection (a)(2)
74 is: (A) A severity level 7, person felony if the value of the physical or
75 financial resources is $25,000 or more; (B) a severity level 9, person felony
76 if the value of the physical or financial resources is at least $500 but less
77 than $25,000; (C) except as provided in subpart (D), a class A person
78 misdemeanor if the value of the physical or financial resources is less than
79 $500; (D) a severity level 9, person felony if the value of the physical or
80 financial resources is less than $500 and committed by a person who,
81 within five years immediately preceding commission of the crime, has
82 been convicted two or more times of mistreatment of a dependent adult
83 as defined in subsection (a)(2).
84 (3) Mistreatment of a dependent adult as defined in subsection (a)(3)
85 is a class A person misdemeanor.
86 Sec. 2. K.S.A. 21-3437 is hereby repealed.
87 Sec. 3. This act shall take effect and be in force from and after its
88 publication in the statute book.