Relating to creating the criminal offense of abandoning a resident of an assisted living facility during a declared state of disaster or local state of disaster.
By establishing a criminal penalty for abandonment during disasters, SB1800 seeks to enhance the protection of residents in assisted living facilities. The offenses defined in the bill vary in severity based on the outcome of abandonment: it proposes state jail felony charges for abandonment, increasing to more severe felonies if the resident suffers bodily harm or death. The bill underscores a commitment to holding facility operators accountable for the care of their residents, especially during crises when attention to their needs is critical.
Senate Bill 1800 aims to introduce a criminal offense for the abandonment of residents in assisted living facilities during declared states of disaster. The bill clearly defines abandonment as failing to provide necessary care to a resident of an assisted living facility when it would be unreasonable for a similarly situated person to leave the resident unattended. This legislation comes in response to growing concerns about the safety and well-being of vulnerable populations in assisted living facilities during emergencies.
While the intent behind the legislation appears to prioritize the safety of elderly residents, there may be concerns regarding the practical implications of enforcing such a law. Critics may argue that defining abandonment and establishing thresholds for criminality could lead to difficulties in prosecution, as operators might face challenges proving reasonable care under disaster conditions. There may also be worries about the potential for unintended consequences, such as operators being reluctant to evacuate residents for fear of criminal liability.
As of March 13, 2025, SB1800 has been referred to the Senate Committee on Criminal Justice, where discussions will likely focus on its implications and potential adjustments before it progresses further.