PRINTER'S NO. 2583
No. 1978 Session of 2003
INTRODUCED BY PHILLIPS, ALLEN, HORSEY, BARD, BROWNE, DENLINGER,
HARRIS, HESS, SCHRODER, E. Z. TAYLOR, TIGUE, TRUE AND
FAIRCHILD, SEPTEMBER 11, 2003
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 11, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for neglect of care-
3 dependent person.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2713(a) and (b) of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 2713. Neglect of care-dependent person.
9 (a) Offense defined.--A caretaker is guilty of neglect of a
10 care-dependent person if he:
11 (1) Intentionally, knowingly or recklessly causes bodily
12 injury or serious bodily injury by failing to provide
13 treatment, care, goods or services necessary to preserve the
14 health, safety or welfare of a care-dependent person for whom
15 he is responsible to provide care.
16 (2) Intentionally or knowingly uses a physical restraint
17 or chemical restraint or medication on a care-dependent
18 person, or isolates a care-dependent person contrary to law
1 or regulation, such that bodily injury or serious bodily
2 injury results.
3 (3) Intends to harass, annoy or alarm a care-dependent
4 person by:
5 (i) striking, shoving, kicking or otherwise
6 subjecting, attempting to subject or threatening a care-
7 dependent person with physical contact;
8 (ii) engaging in a course of conduct or repeatedly
9 committing acts which serve no legitimate purposes;
10 (iii) communicating to a care-dependent person any
11 lewd, lascivious, threatening or obscene words, language,
12 drawings or caricatures; or
13 (iv) communicating repeatedly with the care-
14 dependent person at extremely inconvenient hours.
15 (4) Commits an offense under section 2709.1 (relating to
16 stalking) against a care-dependent person.
17 (b) Penalty.--
18 (1) A violation of subsection (a)(1) constitutes a
19 misdemeanor of the first degree if the victim suffers bodily
20 injury.
21 (2) A violation of subsection (a)(1) constitutes a
22 felony of the first degree if the victim suffers serious
23 bodily injury.
24 (3) A violation of subsection (a)(2) constitutes a
25 misdemeanor of the first degree if the victim suffers bodily
26 injury.
27 (4) A violation of subsection (a)(2) constitutes a
28 felony of the first degree if the victim suffers serious
29 bodily injury.
30 (5) A violation of subsection (a)(3) constitutes a
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1 misdemeanor of the first degree.
2 (6) A violation of subsection (a)(4) constitutes a
3 felony of the third degree.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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