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. 19950H0247B2045 - 2 -
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 <-- 19950H0247B2045 - 3 -
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: 19950H0247B2045 - 4 -
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 19950H0247B2045 - 5 -
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. <-- L9L18SFG/19950H0247B2045 - 6 -