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(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of House Floor Amendment #1

    1. Strikes House Judiciary Committee amendment #5 which now removes the phrase, "physical harm does not constitute great bodily harm". From the bill.

    2. On page 4, line 16, removes the phrase, "or in an injury that is not". And removes line 17 in its entirety. This amendment has the effect of removing all the qualifying language that previously limited the definition of what "abuse" means.

    Synopsis of HJC Amendment

House Judiciary Committee amendment to House Bill 676 does the following:

1. Changes the word "physical" to the word "bodily" at three different locations in the bill on pages 3, 4 and 5.

2. Changes the word "grossly" to the word "criminally" on page 3, line 18.

3. Changes the phrase "no harm" to the new phrase "no physical harm" at two different locations in the bill.

4. On page 4, line 7, strikes the phrase, "an injury to the body" and inserts new language to now read, "a serious injury not constituting great bodily harm".

5. On page 4, line 16, strikes the phrase "harm or in an injury that is not" and inserts new language to now mean, "physical harm does not constitute great bodily harm".

6. Strikes the phrase, "psychological harm" on page 4, line 18.

7. Strikes the phrase, "or in an injury that is not likely to result in death, physical harm or great psychological harm", on page 5, lines 14 and 15.

Synopsis of Bill

House Bill 676 makes changes of definitions, penalties and procedures in the Resident Abuse and Neglect Act and amends certain sections of Section 30-47-3 NMSA 1978.

Significant Issues

House Bill 676 adds to the definitions section of the act the term, "criminally negligent" and adds to sections of the bill the phrase, "or in an injury that is not likely to result in death, physical harm or great psychological harm" to clarify the actions that demand criminal penalties. Finally, the bill raises the level of offense contemplated by the commission of minimal abuse or neglect in a residential settings from a forth degree misdemeanor to a misdemeanor which increases the penalty. Major abuse and neglect convictions still demand felony sanctions under the act.

ADMINISTRATIVE IMPLICATIONS

The Department of Health, as a result of the passage of this legislation, should inform all residential providers of the changes in the act. The department has the necessary resources to do this in a timely manner.

OTHER SUBSTANTIVE ISSUES

Abuse and neglect of clients in residential settings must be punished if detected. Increasing the penalties for violations of the provisions of the act will serve as a deterrent to the commission of these acts.

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