PRINTER'S NO. 799
No. 732 Session of 2007
INTRODUCED BY WONDERLING, WASHINGTON, TARTAGLIONE, PUNT, STOUT, ORIE, RAFFERTY, O'PAKE, WAUGH, ERICKSON, MUSTO, PILEGGI, BOSCOLA, VANCE, RHOADES, EARLL AND C. WILLIAMS, APRIL 2, 2007
REFERRED TO JUDICIARY, APRIL 2, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for neglect of a 3 care-dependent person. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. The definition of "caretaker" in section 2713(f) 7 of Title 18 of the Pennsylvania Consolidated Statutes is amended 8 to read: 9 § 2713. Neglect of care-dependent person. 10 * * * 11 (f) Definitions.--As used in this section, the following 12 words and phrases shall have the meanings given to them in this 13 subsection: 14 * * * 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, intermediate care facility
1 for the mentally retarded, adult daily living center, home 2 health agency or home health service provider whether 3 licensed or unlicensed; 4 (2) provides care to a care-dependent person in the 5 setting described in paragraph (1); or 6 (3) has an obligation to care for a care-dependent 7 person for monetary consideration in the settings described 8 in paragraph (1) or in the care-dependent person's home.] A 9 person that meets any of the following: 10 (1) Is an owner, operator, manager or employee of any of 11 the following: 12 (i) A nursing home, personal care home or 13 domiciliary care home. 14 (ii) A community residential facility or 15 intermediate care facility for a person with mental 16 disabilities. 17 (iii) An adult daily living center. 18 (iv) A home health agency or home health service 19 provider whether licensed or unlicensed. 20 (v) An entity licensed under the act of July 19, 21 1979 (P.L.130, No.48), known as the Health Care 22 Facilities Act. 23 (2) Provides care to a care-dependent person in the 24 settings described under paragraph (1). 25 (3) Has an obligation to care for a care-dependent 26 person for monetary consideration in the settings described 27 under paragraph (1) or in the care-dependent person's home. 28 (4) Is an adult who resides with a care-dependent 29 person, unless there is another responsible adult in the 30 residence which has a superior obligation to provide care 20070S0732B0799 - 2 -
1 because of familial relationship, contract or court order. 2 (5) Is an adult who does not reside with a care- 3 dependent person but who has assumed responsibility for care 4 or who has responsibility by contract or court order. 5 * * * 6 Section 2. This act shall take effect in 60 days. B21L18MSP/20070S0732B0799 - 3 -