H 5143 General Bill, By Parks, Scott, McLeod, Lloyd, Weeks, J.M. Neal, Mack, 
Toole, Battle, Duncan, Emory, Frye, Harrison, Howard, Lee, Miller, Ott, 
E.H. Pitts, M.A. Pitts, Rutherford, Sinclair, W.D. Smith, Taylor and Whipper
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-645 SO AS TO CREATE THE OFFENSE OF ASSAULT AND BATTERY OF A VULNERABLE
 ADULT AND TO PROVIDE A PENALTY.

   04/15/04  House  Introduced and read first time HJ-40
   04/15/04  House  Referred to Committee on Judiciary HJ-40

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-645 SO AS TO CREATE THE OFFENSE OF ASSAULT AND BATTERY OF A VULNERABLE ADULT AND TO PROVIDE A PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-645.    (A)    As used in this section, 'vulnerable adult' means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. This includes a person who is impaired in the ability to adequately provide for the person's own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction. A resident of a facility or any handicapped person who is not a resident of a facility is a vulnerable adult.

(B)    A person who commits assault and battery upon a vulnerable adult is guilty of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution."

SECTION    2.    This act takes effect upon approval by the Governor.