SB 471

Under current law, any person who is responsible for a child's welfare who,

through his or her actions or failure to take action, intentionally contributes to the

neglect of the child is guilty of a misdemeanor or, if the child suffers bodily harm or

death, the person is guilty of a felony. Under this bill, any person who is responsible

for a child's welfare who neglects or contributes to the neglect of the child is guilty

of the crime of neglect. This bill defines neglect as failing, for reasons other than

poverty, to provide the child necessary care, such as appropriate food, clothing, and

medical and dental care; the opportunity for education; supervision; or the protection

from exposure to the distribution, manufacture, or use of controlled substances; or

as failing to provide the child with appropriate supervision due to the sustained

consumption of alcohol or controlled substances. Under the bill, the penalties for the

crime of neglect, or for contributing to neglect whether or not actual neglect occurs,

vary from a Class D felony to a Class A misdemeanor depending on the consequence

or risk of the consequence of death, injury, or becoming a victim of a crime. The bill

also creates a crime of repeated acts of neglect of the same child. If a jury agrees that

a person committed at least three acts of neglect against the same child, but does not

agree on which acts constitute the three acts, the person is convicted of committing

this crime. The penalties for repeated acts of neglect of the same child vary from a

Class C felony to a Class H felony, depending on the actual or likely consequence of

death, injury, or becoming the victim of a crime.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.