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2002 LAWS OF MARYLAND
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Ch. 26
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A SENTENCE IMPOSED UNDER THIS SECTION SHALL BE IN ADDITION TO ANY
OTHER SENTENCE IMPOSED FOR A CONVICTION ARISING FROM THE SAME FACTS
AND CIRCUMSTANCES UNLESS THE EVIDENCE REQUIRED TO PROVE EACH CRIME IS
SUBSTANTIALLY IDENTICAL.
(E) INVESTIGATION.
IF A STATE OR LOCAL UNIT RECEIVES A REPORT OF PRESENT OR PAST ABUSE
OR NEGLECT OF A VULNERABLE ADULT, AN INVESTIGATION SHALL BE CONDUCTED
IN ACCORDANCE WITH:
(1) § 7-1005 OF THE HEALTH - GENERAL ARTICLE IF THE ADULT HAS A
DEVELOPMENTAL DISABILITY AS DEFINED IN § 7-101 OF THE HEALTH - GENERAL
ARTICLE;
(2) § 10-705 OF THE HEALTH - GENERAL ARTICLE IF THE ADULT IS IN A
FACILITY AS DEFINED IN § 10-101 OF THE HEALTH - GENERAL ARTICLE;
(3) § 19-346 OR § 19-347 OF THE HEALTH - GENERAL ARTICLE IF THE
ADULT IS A RESIDENT OF A RELATED INSTITUTION AS DEFINED IN § 19-301 OF THE
HEALTH - GENERAL ARTICLE; AND
(4) §§ 14-301 THROUGH 14-309 OF THE FAMILY LAW ARTICLE IF THE
ADULT DOES NOT MEET THE CRITERIA OF ITEM (1), (2), OR (3) OF THIS SUBSECTION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 35D.
In subsection (a)(2)(i) and (8)(i) of this section, the former references to
actions by a "caregiver, a parent or other person who has permanent or
temporary care or custody or responsibility for the supervision of a
vulnerable adult, or by any household or family member" are deleted as
duplicative of the references to a "caregiver, a parent, or other person who
has permanent or temporary care or responsibility for the supervision of a
vulnerable adult" and a "household member or family member" in
subsection (b)(1) and (2) of this section, respectively.
In subsection (a)(2)(iii) of this section, the former definition of "health care
provider" is incorporated into an exception to the definition of "abuse"
because that exception is the only place where the defined term was used
in the former law.
In subsection (a)(5) of this section, the reference to a household member as
a regular presence in a "home" of a vulnerable adult is retained, although
the defined term "household" may be more appropriate. It is not clear that
the adult child of the owner of an elder day care facility would be a
"household member" as defined with the reference to "home". Substituting
the defined term "household" for the term "home" would more clearly
address this. Because the substitution would constitute a substantive
change, the Criminal Law Article Review Committee brings this matter to
the attention of the General Assembly.
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- 288 -
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