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SB19-172

Protect From Unlawful Abandonment And Confinement

Concerning crimes related to an at-risk person, and, in connection therewith, creating the crimes of unlawful abandonment and unlawful confinement and making an appropriation.
Session:
2019 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

At-risk persons - unlawful abandonment - false imprisonment - appropriation. The act makes it a crime to unlawfully abandon an at-risk person. The intentional and unreasonable desertion of an at-risk person in a manner that endangers the safety of that person constitutes unlawful abandonment. Unlawful abandonment is a class 1 misdemeanor.

The act creates the crime of false imprisonment of an at-risk person if:

  • The person knowingly confines or detains an at-risk person in a locked or barricaded room or other space; and
  • Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the at-risk person; or
  • The person knowingly and unreasonably confines or detains an at-risk person by tying, caging, chaining, or otherwise using similar physical restraints to restrict the at-risk person's freedom of movement; or
  • The person knowingly and unreasonably confines or detains an at-risk person by means of force, threats, or intimidation designed to restrict the at-risk person's freedom of movement.

False imprisonment of an at-risk person is a class 6 felony pursuant to the first 2 ways to commit the crime and a class 1 misdemeanor pursuant to the third.

To comply with the statutorily-required prison costs of the act, the act appropriates:

  • For the 2019-20 state fiscal year, $110,652 from the capital construction fund to the corrections expansion reserve fund;
  • For the 2020-21 state fiscal year,$26,220 to the department of corrections from the general fund; and
  • For the 2021-22 state fiscal year, $1,902 to the department of corrections from the general fund.
    (Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

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Bill Text

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