West VirginiaSB 542026 Regular SessionSenate

Establishing criminal penalties for abuse or neglect of incapacitated adults

Sponsored By: Patricia Rucker (Republican)

Signed by Governor

§61-2-29§61-2-29A

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

Felonies for harm to incapacitated adults

If abuse, gross neglect, or neglect creates a big risk of serious injury or death, it is a felony with a $1,000–$3,000 fine and 1–5 years in prison. If it causes bodily injury, it is a felony with a $100–$1,000 fine and 2–10 years in prison. If it causes serious bodily injury, it is a felony with a $1,000–$5,000 fine and 3–15 years in prison. These rules apply to any person.

Harsher felonies when abuse causes death

If neglect causes an incapacitated adult’s death, it is a felony with up to a $5,000 fine and 5–15 years in prison. If gross neglect causes death, it is a felony with up to a $5,000 fine and 5–25 years in prison. If abuse causes death, it is a felony with 5–40 years in prison. Caregivers who knowingly let someone else commit the neglect, gross neglect, or abuse that causes death face the same prison ranges and fines.

Misdemeanor penalties for abuse or neglect

The law makes neglect, gross neglect, and abuse of an incapacitated adult crimes. Neglect is a misdemeanor with a $100–$500 fine and up to 1 year in jail. Gross neglect is a misdemeanor with a $100–$500 fine and 60 days to 1 year in jail. Abuse is a misdemeanor with a $100–$500 fine and 90 days to 1 year in jail. Caregivers who knowingly let someone else do these acts can face the same penalties, and the law applies to any person, not just caregivers.

These charges are separate crimes

Charges under these sections are separate crimes. Prosecutors can add them to other charges from the same act. This can lead to more total penalties for the same harmful conduct.

Who is protected and what counts as abuse

The law defines who is an incapacitated adult (18 or older who cannot do daily tasks needed for health). It defines what counts as abuse, neglect, and gross neglect. It explains bodily injury and serious bodily injury. It also defines who is a caregiver, including people and care facilities that take responsibility.

Religious and end-of-life care exceptions

An adult is not considered abused or neglected just for choosing spiritual treatment instead of medical care. Caregivers or providers who, without malice, refuse care that conflicts with the adult’s religion can be exempt from death‑causing charges. Acts allowed under the Health Care Decisions Act, like withholding life‑sustaining treatment when authorized, are not crimes under this law.

Sponsors & Cosponsors

Sponsor

Patricia Rucker
Republican • Senate

Cosponsors

Vince Deeds
Republican • Senate
Eric Tarr
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 164 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 653)

Yes: 34 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 513)

Yes: 96 • No: 0

Senate vote • 2/24/2026

Passed Senate (Roll No. 208)