West Virginia legislation · 2026 Regular Session
West Virginia SB54: Establishing criminal penalties for abuse or neglect of incapacitated adults
Status: Signed into law, March 27, 2026
What the bill says
An act to amend and reenact §61-2-29 and §61-2-29a of the Code of West Virginia, 1931, as amended, relating to abuse, gross neglect, or neglect of incapacitated adults; adding definitions; expanding the class of individuals who can be charged with crimes relating to abuse, gross neglect, or neglect of incapacitated adults to include all persons; establishing that caregivers who knowingly permit others to abuse, grossly neglect, or neglect an incapacitated adult can be charged with certain crimes; creating criminal offenses and establishing criminal penalties and fines; removing the element of.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §61-2-29 and §61-2-29a of the Code of West Virginia, 1931, as amended, relating to abuse, gross neglect, or neglect of incapacitated adults; adding definitions; expanding the class of individuals who can be charged with crimes relating to abuse, gross neglect, or neglect of incapacitated adults to include all persons; establishing that caregivers who knowingly permit others to abuse, grossly neglect, or neglect an incapacitated adult can be charged with certain crimes; creating criminal offenses and establishing criminal penalties and fines; removing the element of malice in felony charges of certain criminal offenses, and in offenses that result in injury, serious bodily injury, or death, or substantial risk of bodily injury, serious bodily injury, or death of an incapacitated adult; and providing that criminal offenses resulting in injury, death, or risk of injury or death of an incapacitated adult as a result of abuse, gross neglect, neglect, or permitting another person to do the same, are separate and distinct offenses to other statutory offenses. ARTICLE 2. crimes against the person. §61-2-29. Abuse or neglect of incapacitated adult; definitions; penalties. (a) The following words and phrases have the meanings ascribed to them when used in this section and §61-2-29a and §61-2-29b of this code, unless the context clearly indicates otherwise. "Abuse" means the intentional infliction of …