PRINTER'S NO. 1979
No. 1578 Session of 2005
INTRODUCED BY GINGRICH, BALDWIN, BELARDI, BOYD, CALTAGIRONE,
J. EVANS, FABRIZIO, GEORGE, GOOD, MACKERETH, MILLARD,
S. MILLER, O'NEILL, PAYNE, RAPP, REICHLEY, RUBLEY, SHANER,
B. SMITH, THOMAS, TRUE, WATSON, YOUNGBLOOD AND ZUG,
MAY 12, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MAY 12, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 neglect of care-dependent person; and providing for the
4 offense of abuse of care-dependent person.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2713(a), (b) and the definition of
8 "caretaker" in subsection (f) of Title 18 of the Pennsylvania
9 Consolidated Statutes are amended to read:
10 § 2713. Neglect of care-dependent person.
11 (a) Offense defined.--A caretaker is guilty of neglect of a
12 care-dependent person if he:
13 (1) Intentionally, knowingly or recklessly causes bodily
14 injury or serious bodily injury by failing to provide
15 treatment, care, goods or services necessary to preserve the
16 health, safety or welfare of a care-dependent person for whom
17 he is responsible to provide care.
1 (2) Intentionally or knowingly uses a physical restraint
2 or chemical restraint or medication on a care-dependent
3 person, or isolates a care-dependent person contrary to law
4 or regulation, such that bodily injury or serious bodily
5 injury results.
6 (3) Intentionally or knowingly endangers the welfare of
7 a care-dependent person for whom he is responsible to provide
8 care by failing to provide treatment, care, goods or services
9 necessary to preserve the health, safety or welfare of the
10 care-dependent person.
11 (b) Penalty.--
12 (1) A violation of subsection (a)(1) constitutes a
13 misdemeanor of the first degree if the victim suffers bodily
14 injury.
15 (2) A violation of subsection (a)(1) constitutes a
16 felony of the first degree if the victim suffers serious
17 bodily injury.
18 (3) A violation of subsection (a)(2) constitutes a
19 misdemeanor of the first degree if the victim suffers bodily
20 injury.
21 (4) A violation of subsection (a)(2) constitutes a
22 felony of the first degree if the victim suffers serious
23 bodily injury.
24 (5) A violation of subsection (a)(3) constitutes a
25 misdemeanor of the second degree. However, where there is a
26 course of conduct of endangering the welfare of a care-
27 dependent person, the offense constitutes a felony of the
28 third degree.
29 * * *
30 (f) Definitions.--As used in this section, the following
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1 words and phrases shall have the meanings given to them in this
2 subsection:
3 * * *
4 "Caretaker." Any person who:
5 (1) is an owner, operator, manager or employee of a
6 nursing home, personal care home, domiciliary care home,
7 community residential facility, intermediate care facility
8 for the mentally retarded, adult daily living center, home
9 health agency or home health service provider whether
10 licensed or unlicensed;
11 (2) provides care to a care-dependent person in the
12 setting described in paragraph (1); or
13 (3) has an obligation to care for a care-dependent
14 person for monetary consideration in the settings described
15 in paragraph (1) [or], in the care-dependent person's home or
16 pursuant to an approved Medicaid home and community-based
17 services waiver program.
18 * * *
19 Section 2. Title 18 is amended by adding a section to read:
20 § 2713.1. Abuse of care-dependent person.
21 (a) Offense defined.--A caretaker is guilty of abuse of a
22 care-dependent person if he:
23 (1) With the intent to harass, annoy or alarm a care-
24 dependent person he:
25 (i) strikes, shoves, kicks or otherwise subjects or
26 attempts to subject a care-dependent person to or
27 threatens a care-dependent person with physical contact;
28 (ii) engages in a course of conduct or repeatedly
29 commits acts which serve no legitimate purposes;
30 (iii) communicates to a care-dependent person any
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1 lewd, lascivious, threatening or obscene words, language,
2 drawings or caricatures; or
3 (iv) communicates repeatedly with the care-dependent
4 person at extremely inconvenient hours.
5 (2) Commits an offense under section 2709.1 (relating to
6 stalking) against a care-dependent person.
7 (b) Penalty.--
8 (1) A violation of subsection (a)(1) constitutes a
9 misdemeanor of the first degree.
10 (2) A violation of subsection (a)(2) constitutes a
11 felony of the third degree.
12 (c) Report during investigation.--When in the course of
13 conducting any regulatory or investigative responsibility, the
14 Department of Aging, the Department of Health or the Department
15 of Public Welfare has a reasonable cause to believe that a
16 caretaker has engaged in conduct in violation of this section, a
17 report shall be made immediately to the local law enforcement
18 agency or to the Office of Attorney General.
19 (d) Enforcement.--
20 (1) The district attorneys of the several counties shall
21 have authority to investigate and to institute criminal
22 proceedings for any violations of this section.
23 (2) In addition to the authority conferred upon the
24 Attorney General under the act of October 15, 1980 (P.L.950,
25 No.164), known as the Commonwealth Attorneys Act, the
26 Attorney General shall have the authority to investigate and
27 institute criminal proceedings for any violation of this
28 section. A person charged with a violation of this section by
29 the Attorney General shall not have standing to challenge the
30 authority of the Attorney General to investigate or prosecute
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1 the case, and, if any such challenge is made, the challenge
2 shall be dismissed and no relief shall be available in the
3 courts of this Commonwealth to the person making the
4 challenge.
5 (e) Definitions.--As used in this section, the following
6 words and phrases shall have the meanings given to them in this
7 subsection:
8 "Care-dependent person." An adult who, due to physical or
9 cognitive disability or impairment, requires assistance to meet
10 the adult's needs for food, shelter, clothing, personal care or
11 health care.
12 "Caretaker." This term shall have the same meaning given to
13 it under section 2713 (relating to neglect of care-dependent
14 person).
15 "Person." A natural person, corporation, partnership,
16 unincorporated association or other business entity.
17 Section 3. This act shall take effect in 60 days.
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