PRIOR PRINTER'S NO. 1979 PRINTER'S NO. 2206
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, ZUG, CRAHALLA,
DELUCA, GERGELY, CIVERA, FRANKEL, HENNESSEY, PISTELLA, HESS,
WALKO AND SIPTROTH, MAY 12, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 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
1 he is responsible to provide care.
2 (2) Intentionally or knowingly uses a physical restraint
3 or chemical restraint or medication on a care-dependent
4 person, or isolates a care-dependent person contrary to law
5 or regulation, such that bodily injury or serious bodily
6 injury results.
7 (3) Intentionally or knowingly endangers the welfare of
8 a care-dependent person for whom he is responsible to provide
9 care by failing to provide treatment, care, goods or services
10 necessary to preserve the health, safety or welfare of the
11 care-dependent person.
12 (b) Penalty.--
13 (1) A violation of subsection (a)(1) constitutes a
14 misdemeanor of the first degree if the victim suffers bodily
15 injury.
16 (2) A violation of subsection (a)(1) constitutes a
17 felony of the first degree if the victim suffers serious
18 bodily injury.
19 (3) A violation of subsection (a)(2) constitutes a
20 misdemeanor of the first degree if the victim suffers bodily
21 injury.
22 (4) A violation of subsection (a)(2) constitutes a
23 felony of the first degree if the victim suffers serious
24 bodily injury.
25 (5) A violation of subsection (a)(3) constitutes a
26 misdemeanor of the second degree. However, where there is a
27 course of conduct of endangering the welfare of a care-
28 dependent person, the offense constitutes a felony of the
29 third degree.
30 * * *
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1 (f) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 * * *
5 "Caretaker." Any person who:
6 (1) is an owner, operator, manager or employee of a
7 nursing home, personal care home, PRIVATE CARE RESIDENCE, <--
8 domiciliary care home, community residential facility,
9 intermediate care facility for the mentally retarded, adult
10 daily living center, home health agency or home health
11 service provider whether licensed or unlicensed;
12 (2) provides care to a care-dependent person in the
13 setting described in paragraph (1); or
14 (3) has an obligation to care for a care-dependent
15 person for monetary consideration in the settings described
16 in paragraph (1) [or], in the care-dependent person's home or <--
17 pursuant to an approved Medicaid home and community-based
18 services waiver program.
19 * * *
20 IN PARAGRAPH (1) OR IN THE CARE-DEPENDENT PERSON'S HOME. <--
21 "LEGAL ENTITY." ANY INDIVIDUAL, PARTNERSHIP, UNINCORPORATED
22 ASSOCIATION, CORPORATION OR GOVERNING AUTHORITY.
23 * * *
24 "PRIVATE CARE RESIDENCE." A PRIVATE RESIDENCE:
25 (1) IN WHICH THE OWNER OF THE RESIDENCE OR THE LEGAL
26 ENTITY RESPONSIBLE FOR THE OPERATION OF THE RESIDENCE, FOR
27 MONETARY CONSIDERATION, PROVIDES, OR ASSISTS WITH OR ARRANGES
28 FOR THE PROVISION OF, FOOD, ROOM, SHELTER, CLOTHING, PERSONAL
29 CARE OR HEALTH CARE IN THE RESIDENCE, FOR A PERIOD EXCEEDING
30 24 HOURS, TO LESS THAN FOUR CARE-DEPENDENT PERSONS WHO ARE
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1 NOT RELATIVES OF THE OWNER; AND
2 (2) WHICH IS NOT REQUIRED TO BE LICENSED AS A LONG-TERM
3 CARE NURSING FACILITY, AS DEFINED IN SECTION 802.1 OF THE ACT
4 OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE
5 FACILITIES ACT. THE TERM DOES NOT INCLUDE DOMICILIARY CARE AS
6 DEFINED IN SECTION 2202-A OF THE ACT OF APRIL 9, 1929
7 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
8 THE TERM DOES NOT INCLUDE A FACILITY WHICH PROVIDES
9 RESIDENTIAL CARE FOR LESS THAN FOUR CARE-DEPENDENT ADULTS AND
10 WHICH IS REGULATED BY THE DEPARTMENT OF PUBLIC WELFARE.
11 Section 2. Title 18 is amended by adding a section to read:
12 § 2713.1. Abuse of care-dependent person.
13 (a) Offense defined.--A caretaker is guilty of abuse of a
14 care-dependent person if he:
15 (1) With the intent to harass, annoy or alarm a care-
16 dependent person he:
17 (i) strikes, shoves, kicks or otherwise subjects or
18 attempts to subject a care-dependent person to or
19 threatens a care-dependent person with physical contact;
20 (ii) engages in a course of conduct or repeatedly
21 commits acts which serve no legitimate purposes;
22 (iii) communicates to a care-dependent person any
23 lewd, lascivious, threatening or obscene words, language,
24 drawings or caricatures; or
25 (iv) communicates repeatedly with the care-dependent
26 person at extremely inconvenient hours.
27 (2) Commits an offense under section 2709.1 (relating to
28 stalking) against a care-dependent person.
29 (b) Penalty.--
30 (1) A violation of subsection (a)(1) constitutes a
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1 misdemeanor of the first degree.
2 (2) A violation of subsection (a)(2) constitutes a
3 felony of the third degree.
4 (c) Report during investigation.--When in the course of
5 conducting any regulatory or investigative responsibility, the
6 Department of Aging, the Department of Health or the Department
7 of Public Welfare has a reasonable cause to believe that a
8 caretaker has engaged in conduct in violation of this section, a
9 report shall be made immediately to the local law enforcement
10 agency or to the Office of Attorney General.
11 (d) Enforcement.--
12 (1) The district attorneys of the several counties shall
13 have authority to investigate and to institute criminal
14 proceedings for any violations of this section.
15 (2) In addition to the authority conferred upon the
16 Attorney General under the act of October 15, 1980 (P.L.950,
17 No.164), known as the Commonwealth Attorneys Act, the
18 Attorney General shall have the authority to investigate and
19 institute criminal proceedings for any violation of this
20 section. A person charged with a violation of this section by
21 the Attorney General shall not have standing to challenge the
22 authority of the Attorney General to investigate or prosecute
23 the case, and, if any such challenge is made, the challenge
24 shall be dismissed and no relief shall be available in the
25 courts of this Commonwealth to the person making the
26 challenge.
27 (e) Definitions.--As used in this section, the following
28 words and phrases shall have the meanings given to them in this
29 subsection:
30 "Care-dependent person." An adult who, due to physical or
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1 cognitive disability or impairment, requires assistance to meet
2 the adult's needs for food, shelter, clothing, personal care or
3 health care.
4 "Caretaker." This term shall have the same meaning given to
5 it under section 2713 (relating to neglect of care-dependent
6 person).
7 "Person." A natural person, corporation, partnership,
8 unincorporated association or other business entity.
9 Section 3. This act shall take effect in 60 days.
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