1.1.................... moves to amend H.F. No. 1945 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 609.233, is amended to read:
1.5    Subdivision 1. Gross misdemeanor crime. A caregiver or operator who
1.6intentionally neglects a vulnerable adult or knowingly permits conditions to exist that
1.7result in the abuse or neglect of a vulnerable adult is guilty of a gross misdemeanor. For
1.8purposes of this section, "abuse" has the meaning given in section 626.5572, subdivision
, and "neglect" means a failure to provide a vulnerable adult with necessary food,
1.10clothing, shelter, health care, or supervision.
1.11    Subd. 1a. Felony deprivation. A caregiver or operator who intentionally deprives a
1.12vulnerable adult of necessary food, clothing, shelter, health care, or supervision, when the
1.13caregiver or operator is reasonably able to make the necessary provisions is guilty of a
1.14felony and may be sentenced as provided in subdivision 2a, if:
1.15(1) the caregiver or operator knows or has reason to know the deprivation could
1.16likely result in substantial bodily harm or great bodily harm to the vulnerable adult; or
1.17(2) the deprivation occurred over an extended period of time.
1.18    Subd. 2. Exemptions. A vulnerable adult is not neglected or deprived under
1.19subdivision 1 or 1a for the sole reason that:
1.20(1) the vulnerable adult or a person with authority to make health care decisions
1.21for the vulnerable adult under sections 144.651, 144A.44, 253B.03, or 524.5-101 to
1.22524.5-502 , or chapter 145B, 145C, or 252A, refuses consent or withdraws consent,
1.23consistent with that authority and within the boundary of reasonable medical practice, to
1.24any therapeutic conduct, including any care, service, or procedure to diagnose, maintain,
1.25or treat the physical or mental condition of the vulnerable adult or, where permitted under
2.1law, to provide nutrition and hydration parenterally or through intubation; this paragraph
2.2does not enlarge or diminish rights otherwise held under law by:
2.3(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
2.4involved family member, to consent to or refuse consent for therapeutic conduct; or
2.5(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;
2.6(2) the vulnerable adult, a person with authority to make health care decisions for the
2.7vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means
2.8or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu
2.9of medical care, provided that this is consistent with the prior practice or belief of the
2.10vulnerable adult or with the expressed intentions of the vulnerable adult; or
2.11(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
2.12emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a
2.13person including a facility staff person when a consensual sexual personal relationship
2.14existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless
2.15of whether the consensual sexual personal relationship existed prior to the caregiving
2.17    Subd. 2a. Penalties. A person who violates subdivision 1a may be sentenced as
2.19(1) if the conduct results in great bodily harm to the vulnerable adult, imprisonment
2.20for not more than ten years or payment of a fine of not more than $10,000, or both.
2.21(2) if the conduct results in substantial bodily harm to the vulnerable adult,
2.22imprisonment for not more than five years or payment of a fine of not more than $5,000,
2.23or both.
2.24    Subd. 2b. Affirmative defenses. It shall be an affirmative defense to a prosecution
2.25under subdivision 1 or 1a, if proven by a preponderance of evidence, that:
2.26(1) the defendant is an individual employed by a facility or operator and does
2.27not have managerial or supervisory authority, and was unable to reasonably make
2.28the necessary provisions due to inadequate staffing levels, inadequate supervision, or
2.29institutional policies;
2.30(2) the defendant is a facility, operator, or an employee of a facility or operator in
2.31a position of managerial or supervisory authority, and did not knowingly, intentionally,
2.32or recklessly permit criminal acts by its employees or agents that resulted in the harm to
2.33the vulnerable adult; or
2.34(3) the defendant is a caregiver and failed to perform acts necessary to prevent the
2.35applicable level of harm, if any, to the vulnerable adult because the caregiver was acting
2.36reasonably and necessarily to provide care to another identified vulnerable adult.
3.1EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
3.2committed on or after that date."
3.3Delete the title and insert:
3.4"A bill for an act
3.5relating to public safety; adding a felony-level penalty and affirmative defenses
3.6to the vulnerable adult neglect crime;amending Minnesota Statutes 2010,
3.7section 609.233."