PRINTER'S NO. 493
No. 434 Session of 1991
INTRODUCED BY HAGARTY, BLAUM, ARGALL, HALUSKA, NAHILL, KING,
TELEK, J. TAYLOR, CESSAR, PRESTON, MELIO, GODSHALL, MAIALE,
NAILOR, DALEY, FARMER, PHILLIPS, D. W. SNYDER, GANNON,
LAUGHLIN, RITTER, LINTON, CIVERA, HECKLER, BELFANTI, DeLUCA,
LESCOVITZ, SAURMAN, FAIRCHILD, MARSICO, FAJT, MICOZZIE, BUSH,
SEMMEL, COWELL, COY, STAIRS, HARPER, TRELLO, NOYE, MICHLOVIC,
BUNT, GRUPPO, FOX, HERMAN, BILLOW, CORNELL, RICHARDSON,
E. Z. TAYLOR, THOMAS, BATTISTO, GERLACH, ITKIN, SERAFINI,
OLASZ, ADOLPH, McGEEHAN, DAVIES AND VANCE, MARCH 11, 1991
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 1991
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for offenses relating to older
4 adults; and further providing for sentences.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2709 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 2709. Harassment.
10 [A] (a) General rule.--Except as provided in subsection (b),
11 a person commits a summary offense when, with intent to harass,
12 annoy or alarm another person:
13 (1) he strikes, shoves, kicks or otherwise subjects him
14 to physical contact, or attempts or threatens to do the same;
15 or
1 (2) he follows a person in or about a public place or
2 places; or
3 (3) he engages in a course of conduct or repeatedly
4 commits acts which alarm or seriously annoy such other person
5 and which serve no legitimate purpose.
6 (b) Harassment of older adult.--When the victim of the
7 offense is 60 years of age or older and in the care of an
8 institution and the offender is an employee, manager,
9 supervisor, owner or member of the board of directors of the
10 institution, the offense shall constitute a misdemeanor of the
11 third degree.
12 (c) Definition.--As used in this section, the term
13 "institution" shall be as defined in section 4331 (relating to
14 definitions).
15 Section 2. Chapter 43 of Title 18 is amended by adding a
16 subchapter to read:
17 CHAPTER 43
18 OFFENSES AGAINST THE FAMILY
19 * * *
20 SUBCHAPTER C
21 OFFENSES AGAINST OLDER ADULTS
22 Sec.
23 4331. Definitions.
24 4332. Persons required to report suspected older adult abuse.
25 4333. Endangering welfare of older adult.
26 § 4331. Definitions.
27 The following words and phrases when used in this subchapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Institution." Programs of care, assistance or service which
19910H0434B0493 - 2 -
1 are subject to licensure, certification or approval by any
2 governmental agency and which provide care, assistance or
3 service to an older adult. The term includes any other agency or
4 person who is under a legal obligation, including a contractual
5 obligation, to provide care, assistance or service to an older
6 adult.
7 "Institutional older adult abuse." Any abuse, neglect or
8 exploitation that violates any provisions of this title and is
9 inflicted by an employee, manager, supervisor, owner or member
10 of the board of directors of an institution.
11 "Older adult." A person within the jurisdiction of the
12 Commonwealth who is 60 years of age or older.
13 "Very serious abuse." The term includes the following:
14 (1) Acts or omissions that cause or attempt to cause
15 death or serious bodily injury.
16 (2) The use of a deadly weapon that results in bodily
17 injury.
18 (3) Sexual abuse.
19 § 4332. Persons required to report suspected older adult abuse.
20 (a) Required reports.--Any health care professional,
21 physician assistant or employee, owner or director of an
22 institution who, in the course of his employment, occupation or
23 practice of his profession, has a reason to believe an older
24 adult has been subject to very serious abuse or institutional
25 older adult abuse shall report such belief immediately by
26 telephone and shall confirm such report by a written report
27 within 48 hours to an older adult protective service agency.
28 (b) Reports to law enforcement.--Any protective service
29 agency receiving a report of very serious or institution abuse
30 of an older adult shall notify law enforcement authorities of
19910H0434B0493 - 3 -
1 this report and its contents immediately by telephone and shall
2 confirm such report by a written report within 48 hours of
3 receiving such information. When the agency has a reasonable
4 belief that such a report is unlikely to be substantiated, the
5 agency need not report by telephone but must submit a written
6 report within 48 hours.
7 (c) Failure to report.--Any person required to report under
8 this section who willfully fails to make such report, as
9 required by subsection (a), commits a summary offense for an
10 initial violation. All subsequent offenses shall be misdemeanors
11 of the third degree.
12 (d) Immunity from liability.--Any person required to report
13 under subsection (a) shall not be subject to civil or criminal
14 liability for making a report when the report is based upon a
15 reasonable belief.
16 § 4333. Endangering welfare of older adult.
17 (a) Offense defined.--A person is guilty of endangering the
18 welfare of an older adult if he:
19 (1) is an employee, manager or supervisor of an
20 institution and he recklessly endangers the welfare of an
21 older adult in the care of an institution by an act or
22 omission that places or may place an older adult in danger of
23 bodily injury; or
24 (2) is an owner or a member of the board of directors of
25 an institution who, by policy or practice or by failure to
26 take corrective action, knowingly causes or permits acts or
27 omissions that place or may place an older adult in danger of
28 bodily injury.
29 (b) Grading.--Any individual who violates subsection (a)
30 commits a misdemeanor of the second degree unless death results
19910H0434B0493 - 4 -
1 or the older adult suffers serious bodily injury, in which case
2 the person commits a misdemeanor of the first degree.
3 Section 3. The definition of "witness" in section 4951 of
4 Title 18 is amended and the section is amended by adding a
5 definition to read:
6 § 4951. Definitions.
7 The following words and phrases when used in this subchapter
8 shall have, unless the context clearly indicates otherwise, the
9 meanings given to them in this section:
10 "Older adult." As defined in section 4331 (relating to
11 definitions).
12 * * *
13 "Witness." Any person having knowledge of the existence or
14 nonexistence of facts or information relating to any crime,
15 including but not limited to those who have reported facts or
16 information to any law enforcement officer, prosecuting
17 official, attorney representing a criminal defendant or judge,
18 those who have been served with a subpoena issued under the
19 authority of this State or any other state or of the United
20 States, those who have reported facts or information regarding
21 the abuse of an adult who is 60 years of age or older to a
22 protective services or licensing agency or to a State or county
23 long-term care ombudsman and those who have given written or
24 oral testimony in any criminal matter; or who would be believed
25 by any reasonable person to be an individual described in this
26 definition.
27 Section 4. Section 4952(a) of Title 18 is amended to read:
28 § 4952. Intimidation of witnesses or victims.
29 (a) Offense defined.--A person commits an offense if, with
30 the intent to or with the knowledge that his conduct will
19910H0434B0493 - 5 -
1 obstruct, impede, impair, prevent or interfere with the
2 administration of criminal justice, or will interfere with the
3 administration of any law intended to protect adults who are 60
4 years of age or older from abuse, he intimidates or attempts to
5 intimidate any witness or victim to:
6 (1) Refrain from informing or reporting to any law
7 enforcement officer, prosecuting official or judge concerning
8 any information, document or thing relating to the commission
9 of a crime.
10 (2) Give any false or misleading information or
11 testimony relating to the commission of any crime to any law
12 enforcement officer, prosecuting official or judge.
13 (3) Withhold any testimony, information, document or
14 thing relating to the commission of a crime from any law
15 enforcement officer, prosecuting official or judge.
16 (4) Give any false or misleading information or
17 testimony or refrain from giving any testimony, information,
18 document or thing, relating to the commission of a crime, to
19 an attorney representing a criminal defendant.
20 (5) Elude, evade or ignore any request to appear or
21 legal process summoning him to appear to testify or supply
22 evidence.
23 (6) Absent himself from any proceeding or investigation
24 to which he has been legally summoned.
25 * * *
26 Section 5. Section 9717(a) of Title 42 is amended to read:
27 § 9717. Sentences for offenses against elderly persons.
28 (a) Mandatory sentence.--A person under 60 years of age
29 convicted of the following offenses when the victim is over 60
30 years of age and not a police officer shall be sentenced to a
19910H0434B0493 - 6 -
1 mandatory term of imprisonment as follows:
2 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
3 assault) - not less than two years.
4 18 Pa.C.S. § 3121 (relating to rape) - not less than five
5 years.
6 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
7 intercourse) - not less than five years.
8 18 Pa.C.S. § 3701(a)(1)(i), (ii), (iii) or (iv) (relating
9 to robbery) - not less than two years.
10 18 Pa.C.S. § 3922 (relating to theft by deception) - not
11 less than 12 months, but the imposition of the minimum
12 sentence shall be discretionary with the court where the
13 court finds justifiable cause and that finding is written in
14 the opinion.
15 * * *
16 Section 6. This act shall take effect in 60 days.
A28L18DGS/19910H0434B0493 - 7 -