SENATE, No. 1207

STATE OF NEW JERSEY

INTRODUCED MAY 30, 1996

By Senator SINAGRA

An Act concerning abandonment of elderly or disabled persons and amending P.L.1989, c.23.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1989, c.23 (C.2C:24-8) is amended to read as follows:

    1. a. A person having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or disabled, who abandons the elderly or disabled person or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the elderly or disabled person, is guilty of a crime of the [fourth] third degree. For purposes of this section "abandon" means the willful desertion or forsaking of an elderly or disabled person in an unsupervised setting.

    b. A person shall not be considered to commit an offense under this section for the sole reason that he provides or permits to be provided nonmedical remedial treatment by spiritual means through prayer alone in lieu of medical care, in accordance with the tenets and practices of the person's established religious tradition, to a person to whom he has a legal duty to care for or has assumed responsibility for the care of.

    c. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.

(cf: P.L.1989, c.23, s.1)

    2. This act shall take effect immediately.

STATEMENT

    Pursuant to current law, a person having a legal duty to care for or who has assumed the responsibility for the care of a person over the age of 60 or disabled who neglects or fails to perform an act necessary for the physical or mental health of an elderly or disabled person is guilty of a crime of the fourth degree. This bill upgrades the offense to a crime of the third degree and clarifies the offense to include abandonment of an elderly or disabled person in an unsupervised setting. The term "abandon" is defined as the willful desertion or forsaking of an elderly or disabled person. A crime of the third degree is punishable by a term of imprisonment between three and five years, a fine up to $7,500, or both.

Clarifies offense of endangering the welfare of an elderly or disabled person to include abandonment; upgrades to crime of the third degree.