EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 200.5091 is hereby amended to read as follows:

1-2 200.5091 It is the policy of this state to provide for the cooperation of

1-8 disabilities.

1-9 Sec. 2. NRS 200.5092 is hereby amended to read as follows:

1-10 200.5092 As used in NRS 200.5091 to 200.50995, inclusive, unless

1-12 1. "Abuse" means willful and unjustified:

2-1 (a) Infliction of pain, injury or mental anguish on an older person [;] or

2-2 a person with a mental disability; or

2-3 (b) Deprivation of food, shelter, clothing or services which are

2-4 necessary to maintain the physical or mental health of an older person [.]

2-5 or a person with a mental disability.

2-6 2. "Exploitation" means any act taken by a person who has the trust

2-7 and confidence of an older person or a person with a mental disability or

2-8 any use of the power of attorney or guardianship of an older person or a

2-9 person with a mental disability to obtain control, through deception,

2-10 intimidation or undue influence, over the older person’s money, assets or

2-11 property or that of a person with a mental disability with the intention of

2-12 permanently depriving the older person or a person with a mental

2-13 disability of the ownership, use, benefit or possession of his money, assets

2-14 or property. As used in this subsection, "undue influence" does not include

2-15 the normal influence that one member of a family has over another.

2-16 3. "Isolation" means willfully, maliciously and intentionally

2-17 preventing an older person or a person with a mental disability from

2-18 having contact with another person by:

2-19 (a) Intentionally preventing the older person or a person with a mental

2-20 disability from receiving his visitors, mail or telephone calls, including,

2-21 without limitation, communicating to a person who comes to visit the older

2-22 person or a person with a mental disability or a person who telephones the

2-23 older person or a person with a mental disability that the older person or a

2-24 person with a mental disability is not present or does not want to meet

2-25 with or talk to the visitor or caller knowing that the statement is false,

2-26 contrary to the express wishes of the older person or a person with a

2-27 mental disability and intended to prevent the older person or a person with

2-28 a mental disability from having contact with the visitor; or

2-29 (b) Physically restraining the older person or a person with a mental

2-30 disability to prevent the older person or a person with a mental disability

2-31 from meeting with a person who comes to visit the older person [.] or a

2-32 person with a mental disability.

2-33 The term does not include an act intended to protect the property or

2-34 physical or mental welfare of the older person or a person with a mental

2-35 disability or an act performed pursuant to the instructions of a physician of

2-36 the older person [.] or a person with a mental disability.

2-37 4. "Neglect" means the failure of:

2-38 (a) A person who has assumed legal responsibility or a contractual

2-39 obligation for caring for an older person or a person with a mental

2-40 disability or who has voluntarily assumed responsibility for his care to

2-41 provide food, shelter, clothing or services which are necessary to maintain

2-42 the physical or mental health of the older person [;] or a person with a

2-43 mental disability; or

3-1 (b) An older person or a person with a mental disability to provide for

3-2 his own needs because of inability to do so.

3-3 5. "Older person" means a person who is 60 years of age or older.

3-4 6. "Person with a mental disability" means a person with a condition

3-5 described in NRS 433.164 or 433.174.

3-6 7. "Protective services" means services the purpose of which is to

3-7 prevent and remedy the abuse, neglect, exploitation and isolation of older

3-8 persons [.] or persons with mental disabilities. The services may include

3-9 investigation, evaluation, counseling, arrangement and referral for other

3-10 services and assistance.

3-11 Sec. 3. NRS 200.5093 is hereby amended to read as follows:

3-12 200.5093 1. A person required to make a report pursuant to this

3-42 been abused, neglected, exploited or isolated:

4-1 (a) Every physician, dentist, dental hygienist, chiropractor, optometrist,

4-2 podiatric physician, medical examiner, resident, intern, professional or

4-3 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

4-4 and family therapist, alcohol or drug abuse counselor, driver of an

4-5 ambulance, advanced emergency medical technician or other person

4-6 providing medical services licensed or certified to practice in this state,

4-7 who examines, attends or treats an older person or a person with a mental

4-8 disability who appears to have been abused, neglected, exploited or

4-9 isolated.

4-10 (b) Any personnel of a hospital or similar institution engaged in the

4-11 admission, examination, care or treatment of persons or an administrator,

4-12 manager or other person in charge of a hospital or similar institution upon

4-13 notification of the suspected abuse, neglect, exploitation or isolation of an

4-14 older person or a person with a mental disability by a member of the staff

4-15 of the hospital.

4-16 (c) A coroner.

4-17 (d) Every clergyman, practitioner of Christian Science or religious

4-18 healer, unless he acquired the knowledge of abuse, neglect, exploitation or

4-19 isolation of the older person or a person with a mental disability from the

4-20 offender during a confession.

4-21 (e) Every person who maintains or is employed by an agency to provide

4-22 nursing in the home.

4-23 (f) Every attorney, unless he has acquired the knowledge of abuse,

4-24 neglect, exploitation or isolation of the older person or a person with a

4-25 mental disability from a client who has been or may be accused of such

4-26 abuse, neglect, exploitation or isolation.

4-27 (g) Any employee of the department of human resources.

4-28 (h) Any employee of a law enforcement agency or a county’s office for

4-29 protective services or an adult or juvenile probation officer.

4-30 (i) Any person who maintains or is employed by a facility or

4-31 establishment that provides care for older persons [.] or persons with

4-32 mental disabilities.

4-33 (j) Any person who maintains, is employed by or serves as a volunteer

4-34 for an agency or service which advises persons regarding the abuse,

4-35 neglect, exploitation or isolation of an older person or a person with a

4-36 mental disability and refers them to persons and agencies where their

4-37 requests and needs can be met.

4-38 (k) Every social worker.

4-39 (l) Any person who owns or is employed by a funeral home or

4-40 mortuary.

4-41 3. A report may be filed by any other person.

4-42 4. A person required to make a report pursuant to this section who has

4-43 reasonable cause to believe that an older person or a person with a mental

5-1 disability has died as a result of abuse, neglect or isolation shall report this

5-2 belief to the appropriate medical examiner or coroner, who shall

5-3 investigate the cause of death of the older person or a person with a

5-4 mental disability and submit to the appropriate local law enforcement

5-5 agencies, the appropriate prosecuting attorney and the aging services

5-6 division of the department of human resources his written findings. The

5-7 written findings must include the information required pursuant to the

5-8 provisions of NRS 200.5094, when possible.

5-9 5. A division, office or department which receives a report pursuant to

5-10 this section shall cause the investigation of the report to commence within

5-11 3 working days. A copy of the final report of the investigation conducted

5-12 by a division, office or department, other than the aging services division

5-13 of the department of human resources [,] if the report concerns an older

5-14 person, or other than the mental hygiene and mental retardation division

5-15 of the department of human resources if the report involves a person with

5-16 a mental disability, must be forwarded within 90 days after the

5-17 completion of the report to [the] :

5-18 (a) The aging services division [within 90 days after the completion of

5-19 the report.] if the report concerns an older person; or

5-20 (b) The mental hygiene and mental retardation division if the report

5-21 concerns a person with a mental disability.

5-22 6. If the investigation of the report results in the belief that the older

5-23 person or a person with a mental disability is abused, neglected, exploited

5-24 or isolated, the welfare division of the department of human resources or

5-25 the county’s office for protective services may provide protective services

5-26 to the older person or a person with a mental disability if he is able and

5-27 willing to accept them.

5-28 7. A person who knowingly and willfully violates any of the

5-29 provisions of this section is guilty of a misdemeanor.

5-30 Sec. 4. NRS 200.5099 is hereby amended to read as follows:

5-31 200.5099 1. Except as otherwise provided in subsection 6, any

5-41 care for an older person or a person with a mental disability and who:

6-1 (a) Neglects the older person [,] or a person with a mental disability

6-2 causing the older person or a person with a mental disability to suffer

6-3 physical pain or mental suffering;

6-4 (b) Permits or allows the older person or a person with a mental

6-5 disability to suffer unjustifiable physical pain or mental suffering; or

6-6 (c) Permits or allows the older person or a person with a mental

6-7 disability to be placed in a situation where the older person or a person

6-8 with a mental disability may suffer physical pain or mental suffering as the

6-9 result of abuse or neglect,

6-10 is guilty of a gross misdemeanor unless a more severe penalty is prescribed

6-11 by law for the act or omission which brings about the abuse or neglect.

6-12 3. Except as otherwise provided in subsection 4, any person who

6-13 exploits an older person or a person with a mental disability shall be

6-14 punished, if the value of any money, assets and property obtained or used:

6-15 (a) Is less than $250, for a misdemeanor by imprisonment in the county

6-16 jail for not more than 1 year, or by a fine of not more than $2,000, or by

6-17 both fine and imprisonment;

6-18 (b) Is at least $250, but less than $5,000, for a category B felony by

6-19 imprisonment in the state prison for a minimum term of not less than 2

6-20 years and a maximum term of not more than 10 years, or by a fine of not

6-21 more than $10,000, or by both fine and imprisonment; or

6-22 (c) Is $5,000 or more, for a category B felony by imprisonment in the

6-23 state prison for a minimum term of not less than 2 years and a maximum

6-24 term of not more than 20 years, or by a fine of not more than $25,000, or

6-25 by both fine and imprisonment,

6-26 unless a more severe penalty is prescribed by law for the act which brought

6-27 about the exploitation. The monetary value of all of the money, assets and

6-28 property of the older person or a person with a mental disability which

6-29 have been obtained or used, or both, may be combined for the purpose of

6-30 imposing punishment for an offense charged pursuant to this subsection.

6-31 4. If a person exploits an older person or a person with a mental

6-32 disability and the monetary value of any money, assets and property

6-33 obtained cannot be determined, the person shall be punished for a gross

6-34 misdemeanor by imprisonment in the county jail for not more than 1 year,

6-35 or by a fine of not more than $2,000, or by both fine and imprisonment.

6-36 5. Any person who isolates an older person or a person with a mental

6-37 disability is guilty:

6-38 (a) For the first offense, of a gross misdemeanor; or

6-39 (b) For any subsequent offense, of a category B felony and shall be

6-40 punished by imprisonment in the state prison for a minimum term of not

6-41 less than 2 years and a maximum term of not more than 10 years, and may

6-42 be further punished by a fine of not more than $5,000.

7-1 6. A person who violates any provision of subsection 1, if substantial

7-2 bodily or mental harm or death results to the older person [,] or a person

7-3 with a mental disability is guilty of a category B felony and shall be

7-4 punished by imprisonment in the state prison for a minimum term of not

7-5 less than 2 years and a maximum term of not more than 20 years, unless a

7-6 more severe penalty is prescribed by law for the act or omission which

7-7 brings about the abuse.

7-8 7. A person who violates any provision of subsection 2, if substantial

7-9 bodily or mental harm or death results to the older person [,] or a person

7-10 with a mental disability, shall be punished for a category B felony by

7-11 imprisonment in the state prison for a minimum term of not less than 2

7-12 years and a maximum term of not more than 6 years, unless a more severe

7-13 penalty is prescribed by law for the act or omission which brings about the

7-14 abuse or neglect.

7-15 8. As used in this section:

7-16 (a) "Allow" means to take no action to prevent or stop the abuse or

7-17 neglect of an older person or a person with a mental disability if the

7-18 person knows or has reason to know that the older person or a person with

7-19 a mental disability is being abused or neglected.

7-20 (b) "Permit" means permission that a reasonable person would not grant

7-21 and which amounts to a neglect of responsibility attending the care and

7-22 custody of an older person [.] or a person with a mental disability.

7-23 Sec. 5. The amendatory provisions of this act do not apply to offenses

7-24 that were committed before October 1, 1999.