PRINTER'S NO. 1742
No. 1460 Session of 2001
INTRODUCED BY CASORIO, BEBKO-JONES, BELARDI, BELFANTI, BROWNE,
CALTAGIRONE, CAPPABIANCA, CAPPELLI, CAWLEY, L. I. COHEN, COY,
CREIGHTON, CRUZ, DALLY, D. EVANS, FLICK, FRANKEL, FREEMAN,
GEORGE, HARHAI, HENNESSEY, JOSEPHS, KIRKLAND, LEDERER,
McILHATTAN, MELIO, PETRARCA, PISTELLA, PRESTON, READSHAW,
ROONEY, SHANER, SOLOBAY, STABACK, E. Z. TAYLOR, THOMAS,
WALKO, WOJNAROSKI, YOUNGBLOOD, YUDICHAK AND WASHINGTON,
APRIL 30, 2001
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for provisions
3 relating to intimidation of victims and witnesses of elder
4 abuse.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 4951, 4952(a) and 4957(a) of Title 18 of
8 the Pennsylvania Consolidated Statutes are amended to read:
9 § 4951. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Abuse." The occurrence of one or more of the following
14 acts:
15 (1) The infliction of injury, unreasonable confinement,
16 intimidation or punishment with resulting physical harm, pain
1 or mental anguish.
2 (2) The willful deprivation by a caretaker of goods or
3 services which are necessary to maintain physical or mental
4 health.
5 (3) Sexual harassment, rape or abuse, as defined in 23
6 Pa.C.S. Ch. 61 (relating to protection from abuse).
7 The term does not include acts involving only environmental
8 factors which are beyond the control of an older adult or a
9 caretaker of an older adult, such as inadequate housing,
10 furnishings, income, clothing or medical care.
11 "Older adult." A person within the jurisdiction of this
12 Commonwealth who is 60 years of age or older.
13 "Victim." Any person against whom any crime as defined under
14 the laws of this State or of any other state or of the United
15 States is being or has been perpetrated or attempted, or any
16 older adult who has been subjected to abuse by another
17 individual to an extent that such abuse gives rise to civil
18 penalties.
19 "Witness." Any person having knowledge of the existence or
20 nonexistence of facts or information relating to any crime or
21 abuse of an older adult, including, but not limited to [those
22 who have], any such person who:
23 (1) has reported facts or information to any law
24 enforcement officer, prosecuting official, attorney
25 representing a criminal defendant or judge[, those who have];
26 (2) has been served with a subpoena issued under the
27 authority of this State or any other state or of the United
28 States[,];
29 (3) has reported facts or information regarding the
30 abuse of an older adult to a protective services or licensing
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1 agency or to a State or county long-term care ombudsman; and
2 [those who have]
3 (4) has given written or oral testimony in any criminal
4 matter [;]or civil matter arising from the alleged abuse of
5 an older adult.
6 The term includes any person who would be believed by any
7 reasonable person to be [an individual] one of the persons
8 described in this definition.
9 § 4952. Intimidation of witnesses or victims.
10 (a) Offense defined.--A person commits an offense if, with
11 the intent to or with the knowledge that his conduct will
12 obstruct, impede, impair, prevent or interfere with the
13 administration of criminal justice or the administration of any
14 law intended to protect older adults from abuse, he intimidates
15 or attempts to intimidate any witness or victim to:
16 (1) Refrain from informing or reporting to any law
17 enforcement officer, prosecuting official or judge or other
18 appropriate authority in the case of abuse of older adults
19 concerning any information, document or thing relating to the
20 commission of a crime or abuse of an older adult.
21 (2) Give any false or misleading information or
22 testimony relating to the commission of any crime or abuse of
23 an older adult to any law enforcement officer, prosecuting
24 official or judge.
25 (3) Withhold any testimony, information, document or
26 thing relating to the commission of a crime or abuse of an
27 older adult from any law enforcement officer, prosecuting
28 official or judge or other appropriate authority in the case
29 of abuse of an older adult.
30 (4) Give any false or misleading information or
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1 testimony or refrain from giving any testimony, information,
2 document or thing, relating to the commission of a crime or
3 abuse of an older adult, to an attorney representing a
4 criminal defendant or person alleged to have abused an older
5 adult.
6 (5) Elude, evade or ignore any request to appear or
7 legal process summoning him to appear to testify or supply
8 evidence.
9 (6) Absent himself from any proceeding or investigation
10 to which he has been legally summoned.
11 * * *
12 § 4957. Protection of employment of crime victims and
13 witnesses.
14 (a) General rule.--An employer shall not deprive an employee
15 of his employment, seniority position or benefits, or threaten
16 or otherwise coerce him with respect thereto, because the
17 employee attends court by reason of being a victim of, or a
18 witness to, a crime or abuse of an older adult. Nothing in this
19 section shall be construed to require the employer to compensate
20 the employee for employment time lost because of such court
21 attendance.
22 * * *
23 Section 2. This act shall take effect in 60 days.
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