Bill Protecting Against Elder Abuse Passes Senate

ATLANTA (March 26, 2013) – The Georgia State Senate passed House Bill 78 today by a vote of 53 to 0. Carried in the Senate by Sen. Renee Unterman (R-Buford), this legislation would expand the penalties for individuals engaged in the sexual or financial exploitation of the elderly. House Bill 78 also makes crimes committed against the elderly punishable by a felony. 

“The adoption of House Bill 78 will simply add another measure of protection for our state’s most vulnerable residents,” said Sen. Unterman. “With the population of older adults age 65 and over expected to increase dramatically over the next decade, we must act now to protect Georgia’s elderly. Enacting stronger elder abuse laws will further safeguard our seniors against abuse and hold perpetrators accountable.”

Under House Bill 78, inflicting physical pain or injury, sexual abuse, mental anguish, unreasonable confinement or deprivation of essential services is a felony offense.

House Bill 78 requires the following individuals to report any abuse, neglect or exploitation of a disabled adult or elder person:

–         Any person required to report child abuse

–         Physical therapists

–         Occupational therapists

–         Day-care personnel

–         Coroners

–         Medical Examiners

–         Emergency medical services personnel

–         Certified emergency medical technicians, cardiac technicians, paramedics, or first responders

–         Employees of a public or private agency engages in professional health  related services to elder persons or disabled adults

–         Clergy members

Identities of individuals reporting elder abuse will remain confidential along with victims of abuse. However, agencies conducting an investigation into the alleged abuse will not be barred from obtaining information relevant to the case.

In Georgia, elder abuse and exploitation cases are reviewed by the Adult Protective Services (APS) program. This program was adopted under the Disabled Adults and Elder Persons Protection Act and investigates domestic abuse, neglect, or exploitation of disabled persons over the age of 18 or elderly persons over the age of 65 who are not residents of long term care facilities.

The APS program receives reports of abuse, neglect, or exploitation through its Central Intake Unit. In FY 2010, the Central Intake staff handled 38,793 calls, 23 percent of which were accepted for APS investigation.

If signed into law, House Bill 78 will expand coverage to serve individuals aged 65 and older, disabled persons aged 18 years of age and older, and residents of long-term care facilities.

House Bill 78 now returns to the House for approval of changes made by the Senate.

RELEASE
For Immediate Release:
March 26, 2013

For Information Contact:
Jennifer Yarber, Interim Director
Shawna Mercer, Sr. Communications Specialist
Shawna.Mercer@senate.ga.gov
404.656.0028