PRIOR PRINTER'S NO. 1742 PRINTER'S NO. 2103
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, WASHINGTON, SAINATO
AND J. WILLIAMS, APRIL 30, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 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,
1 intimidation or punishment with resulting physical harm, pain
2 or mental anguish.
3 (2) The willful deprivation by a caretaker of goods or
4 services which are necessary to maintain physical or mental
5 health.
6 (3) Sexual harassment, rape or abuse, as defined in 23
7 Pa.C.S. Ch. 61 (relating to protection from abuse).
8 The term does not include acts involving only environmental
9 factors which are beyond the control of an older adult or a
10 caretaker of an older adult, such as inadequate housing,
11 furnishings, income, clothing or medical care.
12 "Older adult." A person within the jurisdiction of this
13 Commonwealth who is 60 years of age or older.
14 "ABUSE." AS DEFINED IN SECTION 103 OF THE ACT OF NOVEMBER 6, <--
15 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE
16 SERVICES ACT.
17 "OLDER ADULT." AS DEFINED IN SECTION 103 OF THE ACT OF
18 NOVEMBER 6, 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS
19 PROTECTIVE SERVICES ACT.
20 "Victim." Any person against whom any crime as defined under
21 the laws of this State or of any other state or of the United
22 States is being or has been perpetrated or attempted, or any
23 older adult who has been subjected to abuse. by another <--
24 individual to an extent that such abuse gives rise to civil
25 penalties.
26 "Witness." Any person having knowledge of the existence or
27 nonexistence of facts or information relating to any crime or
28 abuse of an older adult, including, but not limited to [those
29 who have], any such person who:
30 (1) has reported facts or information to any law
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1 enforcement officer, prosecuting official, attorney
2 representing a criminal defendant or judge[, those who have];
3 (2) has been served with a subpoena issued under the
4 authority of this State or any other state or of the United
5 States[,];
6 (3) has reported facts or information regarding the
7 abuse of an older adult to a protective services or licensing
8 agency or to a State or county long-term care ombudsman; and
9 [those who have]
10 (4) has given written or oral testimony in any criminal
11 matter [;]or civil matter arising from the alleged abuse of
12 an older adult.
13 The term includes any person who would be believed by any
14 reasonable person to be [an individual] one of the persons
15 described in this definition.
16 § 4952. Intimidation of witnesses or victims.
17 (a) Offense defined.--A person commits an offense if, with
18 the intent to or with the knowledge that his conduct will
19 obstruct, impede, impair, prevent or interfere with the
20 administration of criminal justice or the administration of any
21 law intended to protect older adults from abuse, he intimidates
22 or attempts to intimidate any witness or victim to:
23 (1) Refrain from informing or reporting to any law
24 enforcement officer, prosecuting official or judge or other
25 appropriate authority INCLUDING A PROTECTIVE SERVICES OR <--
26 LICENSING AGENCY OR A STATE OR COUNTY LONG-TERM CARE
27 OMBUDSMAN in the case of abuse of older adults concerning any
28 information, document or thing relating to the commission of
29 a crime or abuse of an older adult.
30 (2) Give any false or misleading information or
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1 testimony relating to the commission of any crime or abuse of
2 an older adult to any law enforcement officer, prosecuting
3 official or judge.
4 (3) Withhold any testimony, information, document or
5 thing relating to the commission of a crime or abuse of an
6 older adult from any law enforcement officer, prosecuting
7 official or judge or other appropriate authority INCLUDING A <--
8 PROTECTIVE SERVICES OR LICENSING AGENCY OR A STATE OR COUNTY
9 LONG-TERM CARE OMBUDSMAN in the case of abuse of an older
10 adult.
11 (4) Give any false or misleading information or
12 testimony or refrain from giving any testimony, information,
13 document or thing, relating to the commission of a crime or
14 abuse of an older adult, to an attorney representing a
15 criminal defendant or person alleged to have abused an older
16 adult.
17 (5) Elude, evade or ignore any request to appear or
18 legal process summoning him to appear to testify or supply
19 evidence.
20 (6) Absent himself from any proceeding or investigation
21 to which he has been legally summoned.
22 * * *
23 § 4957. Protection of employment of crime victims and
24 witnesses.
25 (a) General rule.--An employer shall not deprive an employee
26 of his employment, seniority position or benefits, or threaten
27 or otherwise coerce him with respect thereto, because the
28 employee attends court by reason of being a victim of, or a
29 witness to, a crime or abuse of an older adult. Nothing in this
30 section shall be construed to require the employer to compensate
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1 the employee for employment time lost because of such court
2 attendance.
3 * * *
4 Section 2. This act shall take effect in 60 days.
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