SB 82 West Virginia Senate · 2025 Regular Session

Establishing criminal penalties for abuse or neglect of incapacitated adults

SB 82 upgrades gross neglect of incapacitated adults to a felony, imposing penalties of up to $3,000 in fines and 5 years in prison for reckless or intentional neglect that risks serious harm or death. It removes the requirement of proving "malice" for felony charges when a caregiver’s actions cause an incapacitated adult’s death, making such cases prosecutable as felonies without needing to prove intentional harm. The bill directly affects caregivers (including facilities) responsible for vulnerable adults aged 18+ who cannot perform daily life activities due to age, physical, or mental infirmity. Penalties increase based on severity, with higher fines and longer prison terms for causing serious injury or death compared to current misdemeanor standards.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Feb 12, 2025
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Full legislative history

Actions timeline

Total actions
3
Key actions
0
Committee
1
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Judiciary
upper
1 primary · 1 co-sponsor

Sponsors