The Senate Corrections and Criminal Law Committee heard SB 178 authored by Sen. Messmer on battery and neglect of a dependent that is an endangered adult or disabled person. The bill enhances the felony level for battery or neglect offenses committed against an endangered adult or person with a mental or physical disability by one level for the base offenses or offenses resulting in bodily injury or serious bodily injury, or from Level 3 to Level 1 for offenses resulting in death. Sen. Messmer explained that such offenses are increasingly common, and existing penalties are inadequate and should be commensurate to similar offenses committed against a victim under 14 years of age.
Testifying in support of the bill were Stephanie McKinney, sister of a disabled adult who died from caregiver neglect; and the Indiana Association of Area Agencies on Aging.
Committee members expressed concern that the bill’s Level 1 penalties may be disproportionate to manslaughter, a Level 2 offense; and that “mental disability” may result in overbroad application. The bill was held for amendment.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/178