HOUSE BILL NO. 197
INTRODUCED BY JAYNE
BY REQUEST OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
AN ACT AMENDING THE MONTANA ELDER AND PERSONS WITH DEVELOPMENTAL DISABILITIES ABUSE PREVENTION ACT; MAKING IT A FELONY TO PURPOSELY OR KNOWINGLY ABUSE, SEXUALLY ABUSE, OR NEGLECT AN OLDER PERSON OR A PERSON WITH A DEVELOPMENTAL DISABILITY; MAKING IT A MISDEMEANOR FOR A FIRST OFFENSE OF NEGLIGENTLY ABUSING AN OLDER PERSON OR A PERSON WITH A DEVELOPMENTAL DISABILITY; AND AMENDING SECTION 52-3-825, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 52-3-825, MCA, is amended to read:
"52-3-825. Penalties. (1) Any A person who purposely or knowingly fails to make a report required by 52-3-811 or discloses or fails to disclose the contents of a case record or report in violation of 52-3-813 is guilty of an offense and upon conviction is punishable as provided in 46-18-212.
(2) (a) An individual A person who purposely or knowingly abuses, sexually abuses, or neglects an older person or a person with a developmental disability is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.
(b) (i) A person who negligently abuses an older person or a person with a developmental disability is guilty of a misdemeanor and upon a first conviction may shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
(ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(b)(i), the individual may person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and may be fined an amount not to exceed $10,000, or both.
(c) A person with a developmental disability may not be charged under subsection (2)(a) or (2)(b).
(3) (a) A person convicted of purposely or knowingly exploiting an older person or a person with a developmental disability in a case involving money, assets, or property in an amount of $1,000 or less in value shall be fined an amount not more than $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. A person convicted of purposely or knowingly exploiting an older person or a person with a developmental disability in a case involving money, assets, or property in an amount of more than $1,000 in value shall be fined an amount not more than $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(b) For purposes of prosecution under subsection (3)(a) in a case involving the same transaction or in a case prosecuted pursuant to a common scheme, the amounts may be aggregated in determining the value involved."
- END -
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