PRINTER'S NO. 385
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
434
Session of
2015
INTRODUCED BY BREWSTER, WOZNIAK, TEPLITZ, FONTANA, HUGHES,
BLAKE, SMITH, COSTA, TARTAGLIONE AND BROWNE,
FEBRUARY 12, 2015
REFERRED TO AGING AND YOUTH, FEBRUARY 12, 2015
AN ACT
Amending the act of November 6, 1987 (P.L.381, No.79), entitled
"An act relating to the protection of the abused, neglected,
exploited or abandoned elderly; establishing a uniform
Statewide reporting and investigative system for suspected
abuse, neglect, exploitation or abandonment of the elderly;
providing protective services; providing for funding; and
making repeals," providing for background checks for
applicants and recipients.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 6, 1987 (P.L.381, No.79),
known as the Older Adults Protective Services Act, is amended by
adding a chapter to read:
CHAPTER 6
BACKGROUND CHECKS
FOR APPLICANTS AND RECIPIENTS
Section 601. Background checks for applicants and recipients.
(a) Applicants.--
(1) Prior to the admission of an applicant to a facility
as a resident, the facility shall perform a search for the
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applicant's name on the Pennsylvania State Police registry of
offenders and sexually violent predators established under 42
Pa.C.S. § 9799.28 (relating to public Internet website).
(2) Prior to the admission of an applicant who
previously resided outside this Commonwealth to a facility as
a resident, the facility shall perform a search for the
applicant's name on the Dru Sjodin National Sex Offender
Public Website established under section 120 of the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law
109-248, 120 Stat. 587).
(b) Recipients.--Within 30 days of the effective date of
this section, the facility shall search:
(1) The Pennsylvania State Police registry of offenders
and sexually violent predators established under 42 Pa.C.S. §
9799.28 using the names of recipients who are residents of
the facility as search criteria.
(2) The Dru Sjodin National Sex Offender Public Website
established under section 120 of the Adam Walsh Child
Protection and Safety Act of 2006 using the names of
recipients who are residents of the facility who previously
resided outside this Commonwealth as search criteria.
Section 602. Information relating to applicants and recipients.
In no case may a facility admit an applicant as a resident or
retain a recipient as a resident if it finds the applicant or
recipient listed on either:
(1) the Pennsylvania State Police registry of offenders
and sexually violent predators established under 42 Pa.C.S. §
9799.28 (relating to public Internet website); or
(2) the Dru Sjodin National Sex Offender Public Website
established under section 120 of the Adam Walsh Child
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Protection and Safety Act of 2006 (Public Law 109-248, 120
Stat. 587).
Section 603. Immunity.
An administrator or a facility shall not be held civilly
liable for any action directly related to good faith compliance
with this chapter.
Section 2. This act shall take effect in 60 days.
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