Idaho Bills

Amends existing law to revise the definition of "neglect."

ThisisoneofthebillsthattheSupremeCourthasrecommendedinitsannualreporttotheGovernor concerning defects or omissions in the law as required under article V, section 25 of the Idaho Constitution. The crime of abuse or neglect of a vulnerable adult is defined in I.C. § 18-1505. The offense is a felony if the abuse or neglect is likely to produce great bodily harm or death; otherwise it is a misdemeanor. However, the statute defines "neglect" as a failure of a caretaker to provide certain basic needs "in such a manner as to jeopardize the life, health and safety of the vulnerable adult." The conjunctive "and" means that proving neglect requires a showing that the life of the vulnerable adult was jeopardized, in addition to his or her health or safety. This appears to make all neglect of a vulnerable adult a felony. It seems more likely that the Legislature intended that acts jeopardizing the health or safety of a vulnerable adult, but not necessarily his or her life, would also be an offense that would be punishable as a misdemeanor. This bill would correct the statute by requiring only that the act of neglect jeopardized the life, health or safety of the vulnerable adult.