PRINTER'S NO. 2004
No. 1598 Session of 2005
INTRODUCED BY WALKO, BLAUM, DeLUCA, STABACK, BELFANTI,
BLACKWELL, CALTAGIRONE, FABRIZIO, GEORGE, GERGELY, HARHAI,
JOSEPHS, KOTIK, McGEEHAN, PRESTON, REICHLEY, SHANER, SOLOBAY,
THOMAS, WILLIAMS, YOUNGBLOOD, YUDICHAK AND PISTELLA,
MAY 27, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MAY 27, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for neglect of a
3 care-dependent person.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2713(a)(1), (b)(1) and (2) and (f)
7 definition of "caretaker" of Title 18 of the Pennsylvania
8 Consolidated Statutes are amended, subsection (b) is amended by
9 adding a paragraph and subsection (f) is amended by adding a
10 definition to read:
11 § 2713. Neglect of care-dependent person.
12 (a) Offense defined.--A caretaker is guilty of neglect of a
13 care-dependent person if he:
14 (1) Intentionally, knowingly or recklessly [causes
15 bodily injury or serious bodily injury by failing] fails to
16 provide treatment, care, goods or services necessary to
17 preserve the health, safety or welfare of a care-dependent
1 person for whom he is responsible to provide care and by that
2 failure:
3 (i) causes bodily injury or serious bodily injury to
4 the care-dependent person; or
5 (ii) substantially and adversely affects the health,
6 safety or welfare of the care-dependent person.
7 * * *
8 (b) Penalty.--
9 (1) A violation of subsection [(a)(1)] (a)(1)(i)
10 constitutes a misdemeanor of the first degree if the victim
11 suffers bodily injury.
12 (2) A violation of subsection [(a)(1)] (a)(1)(i)
13 constitutes a felony of the first degree if the victim
14 suffers serious bodily injury.
15 (2.1) A violation of subsection (a)(1)(ii) constitutes a
16 misdemeanor of the second degree.
17 * * *
18 (f) Definitions.--As used in this section, the following
19 words and phrases shall have the meanings given to them in this
20 subsection:
21 * * *
22 "Caretaker." Any person who:
23 (1) is an owner, operator, manager or employee of a
24 nursing home, personal care home, domiciliary care home,
25 community residential facility, intermediate care facility
26 for the mentally retarded, adult daily living center, home
27 health agency or home health service provider whether
28 licensed or unlicensed;
29 (2) provides care to a care-dependent person in the
30 setting described in paragraph (1)[;] or (4);
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1 (3) has an obligation to care for a care-dependent
2 person for monetary consideration in the settings described
3 in paragraph (1) or in the care-dependent person's home; or
4 (4) is an owner of a private residence who, by contract,
5 provides room, board and personal care services in the
6 residence to less than four care-dependent persons unrelated
7 to him.
8 * * *
9 "Personal care services." Assistance or supervision in
10 matters such as dressing, bathing, diet, financial management,
11 emergency evacuation and self-administration of medication.
12 Section 2. This act shall take effect in 60 days.
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