WV SB54

Adds "gross neglect" as a defined offense for incapacitated adult care, meaning reckless or intentional conduct showing clear disregard for the adult's health, safety, or welfare

Removes the requirement to prove "malice" for felony charges when caregiver neglect or abuse results in bodily injury, serious bodily injury, or death of an incapacitated adult

Creates new felony penalties for caregivers who abuse incapacitated adults causing bodily injury (2-10 years imprisonment, $100-$1,000 fine) or serious bodily injury (3-15 years, $1,000-$5,000 fine)

Establishes felony penalties for gross neglect creating substantial risk of serious bodily injury or death (1-5 years imprisonment, $1,000-$3,000 fine)

Maintains penalties of 5-15 years for neglect causing death and 5-40 years for abuse causing death, while lowering the evidentiary burden by eliminating the malice requirement