House passes bill clarifying abuse, neglect and exploitation definitions for disabled adults

The Utah House of Representatives passed HB 113 on Jan. 28, 1992, a bill that clarifies statutory terms for abuse, neglect and exploitation of disabled adults and attaches a range of penalties.

Sponsor Representative Donald LeBaron told members the bill does not create new criminal prohibitions but refines existing language so judges and juries can apply terms such as "abuse" more precisely. LeBaron read the bill’s definition: "Abuse of a disabled adult is an act committed with unlawful force or violence that causes bodily injury," and the measure lists other formulations such as an attempt to cause bodily injury and unreasonable confinement or deprivation of life‑sustaining treatment.

Lawmakers queried the bill’s scope and potential unintended consequences. Representative Harwood asked whether the definition’s reference to "deprivation of life‑sustaining treatment" would criminalize appropriate medical decisions such as those covered by living wills; the sponsor said those circumstances would be handled under other statutes and in court. Representative Osler and others noted that many of the conduct described (striking, slapping, pushing) may already be covered by existing assault statutes but said they were not confident current language allowed adequate prosecutions in all cases.

In floor exchanges, Representative LeBaron recounted testimony gathered during hearings, including one family’s allegation of severe mistreatment at a long‑term care facility. ‘‘I remember one testimony told of a lady… they forced her mouth open by inserting a knife between her teeth and prying and broke all of her teeth out,’’ LeBaron said, describing the anecdote as part of the record that motivated the bill.

Supporters argued the bill was drafted with input from county attorneys, prosecutors, police investigators and state and local officials who oversee care for disabled adults; the bill also includes a range of penalties from class A misdemeanors downward. Critics urged caution and amendments to ensure the measure did not inadvertently criminalize necessary medical care or overlap improperly with other statutes.

The House voted and the measure passed, 46–23, and was forwarded to the Senate for further consideration.

Next steps: HB 113 will be considered by the Utah State Senate; sponsors and critics recommended further review of definitions in light of medical‑decision exceptions and prosecutorial standards.