Blog

Battery Protection for Elder Person and those in Assisted living facilities

Posted by Sean A. Black | Jun 20, 2019 | 0 Comments

Battery involves criminal physical contact which causes injury.  The battery statute previously provided for an enhanced penalty where the victim was a person 65 years of age or older.

The new law removes the old subsection(j) and replaces it with two different subsections.

Where a person is an employee, agent or volunteer at a long-term care facility, an assisted living community, a personal care home, or a home health or hospice care service, and commits a battery against a person receiving services of that business, that person shall be punished as a felony with a sentence of 1-5 years or a fine of not more than $2,000 or both.

It also adds what might be called the little league umpire protection act. If the victim is a sports official officiating an amateur contest or entering or exiting the property where such officiating will occur, then the punishment becomes a misdemeanor of a high and aggravated nature. This applies whether the contest is at the collegiate, elementary or secondary school or recreational level.

2019-2020 Georgia HB 247
OCGA 16-5-23.1; OCGA 16-5-100

About the Author

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Commitment

Black law black logo

Dedicated to getting you the best possible result in your case.

Consultations

We provide brief no charge consultations for new criminal, traffic and DUI cases. Fees may be charged for consultations or case reviews for post-judgment matters including sex offender issues.

141 Savannah St W
Ste B

Toccoa, GA 30577
706-282-4696
706-282-4694 (fax)
Mon, Tue, Wed, Thu: 08:30am - 05:30pm
Fri: 08:30am - 12:00pm