Law would stiffen penalties for crimes against elderly, disabled

A state lawmaker has proposed a bill that would create two-year mandatory prison sentences for violent crimes committed against senior citizens and people with disabilities.

The proposed legislation is inspired by five Bay Village High School students accused of dumping urine, spit, tobacco and water onto a 15-year-old boy with autism. The bill was also introduced just days following separate attacks against two Butler County senior citizens.

Elmon Booth, 82, of Middletown was beaten with a brick and robbed by three men during a home invasion last month and just weeks later robbers allegedly kicked in the door of 96-year-old Jane Auld and stole $2,000 from her.

The bill’s sponsor hopes the legislation will put a stop to future attacks against Ohio’s elderly and disabled.

“This is hopefully a deterrent,” said Rep. Bill Patmon, D-Cleveland, the bill’s sponsor. “And sends a clear message we care about folks who are least able to take care of themselves physically.”

Patmon included seniors in the proposal because some of them have told him they fear walking their dog or going to the grocery store without getting assaulted.

Under the proposed law, anyone who commits a felony crime, excluding theft, identity fraud and assault by a caretaker, against a person older than 65 or disabled would automatically go to prison for two years, in addition to the sentence a judge hands down.

The Butler County Board of Development Disabilities has received roughly 500 reports of abuse, neglect and injuries of the county’s disabled residents so far this year, said Leia Snyder, the agency’s quality assurance director.

She said about half of those are criminal-related complaints.

“In general, I would say crime against people with disabilities is a serious problem,” Snyder said.

A variety of reasons make people with disabilities more vulnerable to crime, she added. Some have limited communication skills or rely on people, who have access to their valuable items or money, for care.

Snyder said her agency employs four investigators but also works with law enforcement on crimes against residents with disabilities. Many crimes against people with disabilities are related to theft but some can be as serious as physical or sexual assault.

Clark County Juvenile Court Judge Joseph Monnin said judges don’t like laws that create different sentencing criteria for different groups of people when the same law is broken.

“I see no reason for mandatory sentences for crimes such as that,” Monnin said. “To tie the hands of judicial officers so they can not use discretion often leads to injustices. Every child that comes to court has different needs and concerns.”

But Rep. John Becker, a Union Twp. Republican and co-sponsor of the legislation, said those who commit crimes against a vulnerable population deserve to face stiffer penalties.

“When you’re preying on people that are elderly or disabled, you’re taking advantage,” Becker said.

Patmon believes the bill has a good chance progressing through the Statehouse this session, noting the bipartisan support.

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