HARRY HUGHES, Governor

1939

(3) THE APPROPRIATE LAW ENFORCEMENT AGENCY

SHALL RENDER A COMPLETE WRITTEN REPORT OF ITS FINDINGS TO

THE LOCAL STATE'S ATTORNEY WITHIN 5 WORKING DAYS OF THE

COMPLETION OF THE INVESTIGATION, WHICH SHALL BE WITHIN 10

DAYS OF THE RECEIPT OF THE ORAL OR WRITTEN REPORT FIRST

DISCLOSING THE EXISTENCE OF POSSIBLE ABUSE.

(I) ACTION TO BE TAKEN BY THE LOCAL STATE'S ATTORNEY

    THE LOCAL STATE'S ATTORNEY SHALL SEND NOTICE OF ANY

REPORTED ABUSE TO THE PERSON IN CHARGE OF THE FACILITY,

BELIEVED TO BE INVOLVED, REQUEST COOPERATION IN THE

INVESTIGATION, AND TAKE FURTHER ACTION AS APPROPRIATE.

(J) IMMUNITY FROM CIVIL LIABILITY OF CRIMINAL PENALTY

ANY PERSON, EXCEPT AN ABUSER, WHO MAKES A REPORT

PURSUANT TO THIS SUBHEADING IN GOOD FAITH, OR PARTICIPATES

IN AN INVESTIGATION OR IN A JUDICIAL PROCEEDING ARISING FROM

A REPORT IS IMMUNE FROM ANY CIVIL LIABILITY OR CRIMINAL

PENALTY THAT MIGHT BE INCURRED OR IMPOSED FOR THIS ACTION.

(K) PENALTY (E)

(1) Any employee of a mental health facility OR
MENTAL RETARDATION FACILITY, OR ANY OTHER PERSON WHO HAS THE

PERMANENT OR TEMPORARY CARE OR RESPONSIBILITY FOR THE

SUPERVISION OF A RESIDENT IN THE FACILITY, WHO CAUSES THE

ABUSE OF THAT PERSON IS GUILTY OF A SEPARATE FELONY

MISDEMEANOR AS TO EACH INCIDENT, AND UPON CONVICTION SHALL

BE SENTENCED TO BE IMPRISONED FOR NOT MORE THAN 5 YEARS.

(2) THE PENALTY IMPOSED BY THIS SECTION IS IN

ADDITION TO ANY OTHER PENALTY WHICH MAY BE IMPOSED FOR THE
ABUSIVE ACT ITSELF. ANY PERSON WHO FAILS TO MAKE A REPORT
AS REQUIRED UNDER THIS SECTION IS GUILTY OF A MISDEMEANOR,
AND UPON CONVICTION SHALL BE SENTENCED TO BE IMPRISONED FOR
NOT MORE THAN 30 DAYS OR FINED IN AN AMOUNT NOT TO EXCEED
$1000, OR BOTH.

Resident Abuse

FOR the purpose of providing for a method of reporting
suspected incidents of abuse of the residents of mental
health facilities, mental retardation facilities, and
certain other residential facilities; providing, for
investigation by a law enforcement agency; defining
certain terms; providing for a written report by the
law enforcement agency to be prepared within a certain
period of time and to be sent to certain officials; and
providing immunity from civil liability for certain
persons making a good faith report.

BY adding to

Article 59 - Mental Hygiene