WILLIAM DONALD SCHAEFER, Governor Ch. 318

(5) (6) "VULNERABLE ADULT" MEANS AN ADULT WHO LACKS
THE PHYSICAL OR MENTAL CAPACITY TO PROVIDE FOR THE ADULT'S DAILY
NEEDS.

(B)  (1) A PERSON CARE GIVER WHO CAUSES ABUSE OR NEGLECT OF
A VULNERABLE ADULT IS GUILTY OF A MISDEMEANOR AND ON CONVICTION
IS SUBJECT TO A FINE NOT EXCEEDING $5,000 OR IMPRISONMENT FOR NOT
MORE THAN 5 YEARS, OR BOTH.

(2) A SENTENCE IMPOSED UNDER THIS SECTION SHALL BE IN
ADDITION TO ANY OTHER SENTENCE IMPOSED FOR A CRIMINAL CONVICTION
ARISING FROM THE SAME FACTS AND CIRCUMSTANCES UNLESS THE EVIDENCE
REQUIRED TO PROVE EACH OFFENSE IS SUBSTANTIALLY IDENTICAL.

(C)  IF A PERSON REPORTS TO A STATE OR LOCAL AGENCY THAT AN
ADULT HAS BEEN OR IS CURRENTLY SUBJECTED TO ABUSE OR NEGLECT, AN
INVESTIGATION SHALL BE CONDUCTED IN ACCORDANCE WITH:

(1)  § 7-1005 OF THE HEALTH - GENERAL ARTICLE IF THE
ADULT IS AN INDIVIDUAL WITH 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 AN INDIVIDUAL 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 PARAGRAPHS
(1), (2), OR (3) OF THIS SUBSECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 19, 1989.

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