SENATE AMENDED
PRIOR PRINTER'S NOS. 229, 1300, 1443, PRINTER'S NO. 2045
1705, 1978
No. 247 Session of 1995
INTRODUCED BY ZUG AND KREBS, JANUARY 24, 1995
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 6, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of neglect of
3 care-dependent person; FURTHER PROVIDING FOR INSURANCE FRAUD; <--
4 and further prohibiting prostitution.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 2713. Neglect of care-dependent person.
10 (a) Offense defined.--A caretaker is guilty of neglect of a
11 care-dependent person if he:
12 (1) Intentionally, knowingly or recklessly causes bodily
13 injury or serious bodily injury by failing to provide
14 treatment, care, goods or services necessary to preserve the
15 health, safety or welfare of a care-dependent person for whom
16 he is responsible to provide care.
17 (2) Intentionally or knowingly uses a physical restraint
1 or chemical restraint or medication on a care-dependent
2 person, or isolates a care-dependent person contrary to law
3 or regulation, such that bodily injury or serious bodily
4 injury results.
5 (b) Penalty.--
6 (1) A violation of subsection (a)(1) constitutes a
7 misdemeanor of the first degree if the victim suffers bodily
8 injury.
9 (2) A violation of subsection (a)(1) constitutes a
10 felony of the first degree if the victim suffers serious
11 bodily injury.
12 (3) A violation of subsection (a)(2) constitutes a
13 misdemeanor of the first degree if the victim suffers bodily
14 injury.
15 (4) A violation of subsection (a)(2) constitutes a
16 felony of the first degree if the victim suffers serious
17 bodily injury.
18 (c) Report during investigation.--When in the course of
19 conducting any regulatory or investigative responsibility, the
20 Department of Aging, the Department of Health or the Department
21 of Public Welfare has a reasonable cause to believe that a care-
22 dependent person or care-dependent persons residing in a
23 facility have suffered bodily injury or been unlawfully
24 restrained in violation of subsection (a)(1) or (2), a report
25 shall be made immediately to the local law enforcement agency or
26 to the Office of Attorney General.
27 (d) Enforcement.--
28 (1) The district attorneys of the several counties shall
29 have authority to investigate and to institute criminal
30 proceedings for any violations of this section.
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1 (2) In addition to the authority conferred upon the
2 Attorney General under the act of October 15, 1980 (P.L.950,
3 No.164), known as the Commonwealth Attorneys Act, the
4 Attorney General shall have the authority to investigate and
5 institute criminal proceedings for any violation of this
6 section or any series of such violations involving more than
7 one county of this Commonwealth or involving any county of
8 this Commonwealth and another state. A person charged with a
9 violation of this section by the Attorney General shall not
10 have standing to challenge the authority of the Attorney
11 General to investigate or prosecute the case and, if any such
12 challenge is made, the challenge shall be dismissed and no
13 relief shall be available in the courts of this Commonwealth
14 to the person making the challenge.
15 (E) TREATMENT IN CONFORMANCE WITH CARE-DEPENDENT PERSON'S <--
16 RIGHT TO ACCEPT OR REFUSE SERVICES.--A CARETAKER, OR ANY OTHER <--
17 INDIVIDUAL OR FACILITY MAY OFFER AN AFFIRMATIVE DEFENSE TO
18 CHARGES FILED PURSUANT TO THIS ACT SECTION IF THE CARETAKER, <--
19 INDIVIDUAL OR FACILITY CAN DEMONSTRATE THROUGH A PREPONDERANCE
20 OF THE EVIDENCE THAT THE ALLEGED VIOLATIONS RESULT DIRECTLY
21 FROM:
22 (1) THE CARETAKER'S, INDIVIDUAL'S OR FACILITY'S LAWFUL <--
23 COMPLIANCE WITH A CARE-DEPENDENT PERSON'S ADVANCE DIRECTIVE
24 FOR HEALTH CARE AS PROVIDED IN 20 PA.C.S. CH. 54 (RELATING TO
25 ADVANCE DIRECTIVE FOR HEALTH CARE);
26 (2) THE CARETAKER'S, INDIVIDUAL'S OR FACILITY'S LAWFUL <--
27 COMPLIANCE WITH THE CARE-DEPENDENT PERSON'S WRITTEN, SIGNED
28 AND WITNESSED INSTRUCTIONS, COMPOSED WHEN THE CARE-DEPENDENT
29 PERSON IS COMPETENT AS TO THE TREATMENT HE WISHES TO RECEIVE;
30 OR <--
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1 (3) THE CARETAKER'S, INDIVIDUAL'S OR FACILITY'S LAWFUL <--
2 COMPLIANCE WITH THE DIRECTION OF THE CARE-DEPENDENT PERSON'S
3 ATTORNEY-IN-FACT ACTING PURSUANT TO A LAWFUL DURABLE POWER OF
4 ATTORNEY; OR <--
5 (4) THE CARETAKER'S, INDIVIDUAL'S OR FACILITY'S LAWFUL
6 COMPLIANCE WITH A "DO NOT RESUSCITATE" ORDER WRITTEN AND
7 SIGNED BY THE CARE-DEPENDENT PERSON'S ATTENDING PHYSICIAN.
8 (e) (F) Definitions.--As used in this section, the following <--
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Care-dependent person." Any adult who, due to physical or
12 cognitive disability or impairment, requires assistance to meet
13 his needs for food, shelter, clothing, personal care or health
14 care.
15 "Caretaker." Any person who:
16 (1) is an owner, operator, manager or employee of a
17 nursing home, personal care home, domiciliary care home,
18 community residential facility, adult daily living center,
19 home health agency or home health service provider whether
20 licensed or unlicensed;
21 (2) provides care to a care-dependent person in the
22 setting described in paragraph (1); or
23 (3) has an obligation to care for a care-dependent
24 person for monetary consideration in the settings described
25 in paragraph (1), or in the care-dependent person's home.
26 "Person." A natural person, corporation, partnership,
27 unincorporated association or other business entity.
28 SECTION 2. SECTION 4117(K)(2) OF TITLE 18 IS REPEALED. <--
29 Section 2 3. Section 5902(c) of Title 18 is amended and the <--
30 section is amended by adding subsections to read:
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1 § 5902. Prostitution and related offenses.
2 * * *
3 (a.1) Grading of offenses under subsection (a).--An offense
4 under subsection (a) constitutes a felony of the third degree if
5 the person who committed the offense was knowingly human
6 immunodeficiency virus (HIV) positive or infected with the
7 acquired immune deficiency syndrome (AIDS) virus.
8 * * *
9 (c) Grading of offenses under subsection (b).--
10 (1) An offense under subsection (b) constitutes a felony
11 of the third degree if:
12 (i) the offense falls within paragraphs (b)(1),
13 (b)(2) or (b)(3);
14 (ii) the actor compels another to engage in or
15 promote prostitution;
16 (iii) the actor promotes prostitution of a child
17 under the age of 16 years, whether or not he is aware of
18 the age of the child; [or]
19 (iv) the actor promotes prostitution of his spouse,
20 child, ward or any person for whose care, protection or
21 support he is responsible[.]; or
22 (v) the person knowingly promoted prostitution of
23 another who was HIV positive or infected with the AIDS
24 virus.
25 (2) Otherwise the offense is a misdemeanor of the second
26 degree.
27 * * *
28 (e.1) Grading of offenses under subsection (e).--An offense
29 under subsection (e) constitutes a felony of the third degree if
30 the person who committed the offense was knowingly human
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1 immunodeficiency virus (HIV) positive or infected with acquired
2 immune deficiency syndrome (AIDS) virus.
3 * * *
4 Section 3 4. This act shall take effect in 60 days. <--
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