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                                                       PRINTER'S NO. 799

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
















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