PRINTER'S NO. 3972
No. 2632 Session of 2006
INTRODUCED BY DERMODY, FRANKEL, MANN, BELFANTI, GEORGE,
FABRIZIO, McILHATTAN, MARKOSEK, BELARDI, DONATUCCI, STABACK,
CASORIO, TANGRETTI, MUNDY, GOODMAN, THOMAS, PARKER, GRUCELA,
BIANCUCCI, YOUNGBLOOD, LEDERER, CRAHALLA, TIGUE, BEYER,
PETRARCA, WALKO, KOTIK, BOYD, JAMES, SIPTROTH, SEMMEL, GEIST,
SURRA, SCHRODER, PALLONE, FREEMAN, HENNESSEY, PISTELLA AND
SAINATO, APRIL 26, 2006
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 26, 2006
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for the offense of neglect of
4 care-dependent person and for sentences for offenses against
5 elderly persons.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2713(a) of Title 18 of the Pennsylvania
9 Consolidated Statutes is 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) Knowingly endangers the welfare of a care-dependent
7 person by violating a duty of care, protection or support.
8 * * *
9 Section 2. Section 9717(a) of Title 42 is amended to read:
10 § 9717. Sentences for offenses against elderly persons.
11 (a) Mandatory sentence.--A person under 60 years of age
12 convicted of the following offenses when the victim is over 60
13 years of age and not a police officer shall be sentenced to a
14 mandatory term of imprisonment as follows:
15 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
16 assault) - not less than two years.
17 18 Pa.C.S. § 2713 (relating to neglect of care-dependent
18 person) - not less than two years.
19 18 Pa.C.S. § 3121 (relating to rape) - not less than five
20 years.
21 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
22 intercourse) - not less than five years.
23 18 Pa.C.S. § 3502 (relating to burglary) - not less than
24 two years.
25 18 Pa.C.S. § 3701 (relating to robbery) - not less than
26 two years.
27 18 Pa.C.S. § 3921 (relating to theft by unlawful taking
28 or disposition) - not less than two years.
29 18 Pa.C.S. § 3922 (relating to theft by deception) - not
30 less than 12 months, but the imposition of the minimum
20060H2632B3972 - 2 -
1 sentence shall be discretionary with the court where the
2 court finds justifiable cause and that finding is written in
3 the opinion.
4 * * *
5 Section 3. This act shall take effect in 60 days.
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