PRINTER'S NO. 1272
No. 1126 Session of 1997
INTRODUCED BY D. W. SNYDER, TRICH, MUNDY, TRAVAGLIO, DeLUCA,
ADOLPH, COY, HORSEY, BAKER, B. SMITH, McGILL, BATTISTO, BARD,
BLAUM, YEWCIC, McCALL, SEMMEL, EGOLF, KENNEY, E. Z. TAYLOR,
CLYMER, YOUNGBLOOD, TRUE, SCHULER, FEESE, RUBLEY, THOMAS,
GEIST, READSHAW, SANTONI, MELIO, GIGLIOTTI, KREBS, BELARDI,
HERMAN, FARGO, BUXTON, BROWN, FICHTER, LYNCH, ALLEN, SATHER,
LaGROTTA, SHANER, ZUG, TIGUE, PISTELLA, STEELMAN, PHILLIPS,
BUNT, McNAUGHTON, STABACK, SCHRODER, ITKIN, PLATTS, SERAFINI,
ROONEY, MAJOR, WALKO, CORNELL, DALEY, WAUGH, STERN,
HENNESSEY, VAN HORNE, SAINATO, OLASZ, BENNINGHOFF, MILLER,
ORIE, STEVENSON, WILT, BOSCOLA, CAWLEY, L. I. COHEN,
COLAFELLA AND BELFANTI, APRIL 2, 1997
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 2, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for provisions
3 relating to intimidation of victims and witnesses of elder
4 abuse.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 4951, 4952(a) and 4957(a) of Title 18 of
8 the Pennsylvania Consolidated Statutes are amended to read:
9 § 4951. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Abuse." The occurrence of one or more of the following
14 acts:
1 (1) The infliction of injury, unreasonable confinement,
2 intimidation or punishment with resulting physical harm, pain
3 or mental anguish.
4 (2) The willful deprivation by a caretaker of goods or
5 services which are necessary to maintain physical or mental
6 health.
7 (3) Sexual harassment, rape or abuse, as defined in 23
8 Pa.C.S. Ch. 61 (relating to protection from abuse).
9 No older adult shall be found to be abused solely on the grounds
10 of environmental factors which are beyond the control of the
11 older adult or the caretaker, such as inadequate housing,
12 furnishings, income, clothing or medical care.
13 "Older adult." A person within the jurisdiction of this
14 Commonwealth who is 60 years of age or older.
15 "Victim." Any person against whom any crime as defined under
16 the laws of this State or of any other state or of the United
17 States is being or has been perpetrated or attempted, or any
18 older adult who has been subjected to abuse by another
19 individual to an extent that such abuse gives rise to civil
20 penalties.
21 "Witness." Any person having knowledge of the existence or
22 nonexistence of facts or information relating to any crime or
23 abuse of an older adult, including, but not limited to, those
24 who have reported facts or information to any law enforcement
25 officer, prosecuting official, attorney representing a criminal
26 defendant or judge, those who have been served with a subpoena
27 issued under the authority of this State or any other state or
28 of the United States, those who have reported facts or
29 information regarding the abuse of an elderly individual to a
30 protective services or licensing agency or to a State or county
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1 long-term care ombudsman, and those who have given written or
2 oral testimony in any criminal matter or civil matter arising
3 from the alleged abuse of an older adult; or who would be
4 believed by any reasonable person to be an individual described
5 in this definition.
6 § 4952. Intimidation of witnesses or victims.
7 (a) Offense defined.--A person commits an offense if, with
8 the intent to or with the knowledge that his conduct will
9 obstruct, impede, impair, prevent or interfere with the
10 administration of criminal justice or the administration of any
11 law intended to protect older adults from abuse, he intimidates
12 or attempts to intimidate any witness or victim to:
13 (1) Refrain from informing or reporting to any law
14 enforcement officer, prosecuting official or judge or other
15 appropriate authority in the case of abuse of older adults
16 concerning any information, document or thing relating to the
17 commission of a crime or abuse of an older adult.
18 (2) Give any false or misleading information or
19 testimony relating to the commission of any crime or abuse of
20 an older adult to any law enforcement officer, prosecuting
21 official or judge.
22 (3) Withhold any testimony, information, document or
23 thing relating to the commission of a crime or abuse of an
24 older adult from any law enforcement officer, prosecuting
25 official or judge or other appropriate authority in the case
26 of abuse of an older adult.
27 (4) Give any false or misleading information or
28 testimony or refrain from giving any testimony, information,
29 document or thing, relating to the commission of a crime or
30 abuse of an older adult, to an attorney representing a
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1 criminal defendant or individual alleged to have abused an
2 older adult.
3 (5) Elude, evade or ignore any request to appear or
4 legal process summoning him to appear to testify or supply
5 evidence.
6 (6) Absent himself from any proceeding or investigation
7 to which he has been legally summoned.
8 * * *
9 § 4957. Protection of employment of crime victims and
10 witnesses.
11 (a) General rule.--An employer shall not deprive an employee
12 of his employment, seniority position or benefits, or threaten
13 or otherwise coerce him with respect thereto, because the
14 employee attends court by reason of being a victim of, or a
15 witness to, a crime or abuse of an older adult. Nothing in this
16 section shall be construed to require the employer to compensate
17 the employee for employment time lost because of such court
18 attendance.
19 * * *
20 Section 2. This act shall take effect in 60 days.
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