Regular Session 2021-2022 House Bill 0975 P.N. 3363

SENATE AMENDED

PRIOR PRINTER'S NOS. 984, 1418, 3318

PRINTER'S NO. 3363

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

975

Session of

2021

INTRODUCED BY LEWIS DELROSSO, A. BROWN, MOUL, FREEMAN, SCHLEGEL

CULVER, THOMAS, PYLE, RYAN, MILLARD, WHEELAND, B. MILLER,

GILLEN, MIZGORSKI AND E. NELSON, MARCH 18, 2021

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 6, 2022

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, IN ASSAULT, FURTHER PROVIDING FOR

DEFINITIONS; AND, in sexual offenses, further providing for

the offense of institutional sexual assault.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3124.2 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

SECTION 1. SECTION 3124.2(A.5) OF TITLE 18 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS

AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 1. THE DEFINITIONS OF "CARETAKER" AND "PRIVATE CARE

RESIDENCE" IN SECTION 2713(F) OF TITLE 18 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES ARE AMENDED TO READ:

§ 2713. NEGLECT OF CARE-DEPENDENT PERSON.

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(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

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SUBSECTION:

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"CARETAKER." ANY PERSON WHO:

(1) IS AN OWNER, OPERATOR, MANAGER OR EMPLOYEE OF ANY OF

THE FOLLOWING LICENSED OR UNLICENSED ENTITIES:

(I) A NURSING HOME, PERSONAL CARE HOME, ASSISTED

LIVING FACILITY[,] OR PRIVATE CARE RESIDENCE [OR

DOMICILIARY CARE HOME].

(II) A COMMUNITY RESIDENTIAL FACILITY OR

INTERMEDIATE CARE FACILITY FOR A PERSON WITH MENTAL

DISABILITIES.

(III) AN ADULT DAILY LIVING CENTER.

(IV) A HOME HEALTH SERVICE PROVIDER.

(V) A HEALTH CARE FACILITY AS DEFINED IN SECTION

802.1 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN

AS THE HEALTH CARE FACILITIES ACT;

(2) PROVIDES CARE TO A CARE-DEPENDENT PERSON IN THE

SETTINGS DESCRIBED UNDER PARAGRAPH (1);

(3) HAS AN OBLIGATION TO CARE FOR A CARE-DEPENDENT

PERSON FOR MONETARY CONSIDERATION IN THE SETTINGS DESCRIBED

UNDER PARAGRAPH (1);

(4) IS AN ADULT WHO RESIDES WITH A CARE-DEPENDENT PERSON

AND WHO HAS A LEGAL DUTY TO PROVIDE CARE OR WHO HAS

VOLUNTARILY ASSUMED AN OBLIGATION TO PROVIDE CARE BECAUSE OF

A FAMILIAL RELATIONSHIP, CONTRACT OR COURT ORDER; OR

(5) IS AN ADULT WHO DOES NOT RESIDE WITH A CARE-

DEPENDENT PERSON BUT WHO HAS A LEGAL DUTY TO PROVIDE CARE OR

WHO HAS AFFIRMATIVELY ASSUMED A RESPONSIBILITY FOR CARE, OR

WHO HAS RESPONSIBILITY BY CONTRACT OR COURT ORDER.

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"PRIVATE CARE RESIDENCE." A PRIVATE RESIDENCE, INCLUDING A

DOMICILIARY CARE HOME:

(1) IN WHICH THE OWNER OF THE RESIDENCE OR THE LEGAL

ENTITY RESPONSIBLE FOR THE OPERATION OF THE RESIDENCE, FOR

MONETARY CONSIDERATION, PROVIDES OR ASSISTS WITH OR ARRANGES

FOR THE PROVISION OF FOOD, ROOM, SHELTER, CLOTHING, PERSONAL

CARE OR HEALTH CARE IN THE RESIDENCE, FOR A PERIOD EXCEEDING

24 HOURS, TO FEWER THAN FOUR CARE-DEPENDENT PERSONS WHO ARE

NOT RELATIVES OF THE OWNER; AND

(2) (I) THAT IS NOT REQUIRED TO BE LICENSED AS A LONG-

TERM CARE NURSING FACILITY, AS DEFINED IN SECTION 802.1

OF THE HEALTH CARE FACILITIES ACT; AND

(II) THAT IS NOT IDENTIFIED IN PARAGRAPH (1) OF THE

DEFINITION OF "CARETAKER."

SECTION 2. SECTION 3124.2(A.5) OF TITLE 18 IS AMENDED AND

THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 3124.2. Institutional sexual assault.

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(A.5) CONSENT NOT A DEFENSE.--CONSENT IS NOT A DEFENSE TO A

VIOLATION OF SUBSECTION (A), (A.1), (A.2), (A.3) [OR], (A.4) OR

(A.6).

(a.6) Caretakers.--

(1) Except as provided in paragraph (2) and in sections

3121, 3122.1, 3123, 3124.1 and 3125, a caretaker commits a

felony of the third degree if the caretaker engages in sexual

intercourse, deviate sexual intercourse or indecent contact

with a care-dependent person who receives care, services or

treatment in or from a facility.

(2) Paragraph (1) does not apply if the victim and

defendant are spouses, persons living as spouses or current

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sexual or intimate partners whose relationship preexisted the

caretaker relationship.

(3) As used in this subsection, the following terms

shall have the meanings given to them in this paragraph:

(i) "Care-dependent person." An adult who, due to

physical or cognitive disability or impairment, requires

assistance to meet the needs for food, shelter, clothing,

personal care or health care.

(ii) "Caretaker." A person who is any of the

following:

(A) An owner, operator, manager or employee of a

facility.

(B) An individual who provides care to a care-

dependent person in a facility.

provide care to a care-dependent person for monetary

consideration in a facility.

(D) An individual who does not reside with a

care-dependent person but who, with respect to the

care-dependent person, has:

(I) a legal duty to provide care;

(II) affirmatively assumed a responsibility

to provide care; or

(III) responsibility by contract or court

order to provide care.

(iii) "Facility." Any of the following:

(A) A nursing home, personal care home, assisted

living facility, private care residence or

domiciliary care home or the care-dependent person's

residence.

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(B) A community residential facility or

intermediate care facility for an individual with a

mental disability.

(D) A home health care agency.

(E) A health care facility, as defined in

section 802.1 of the act of July 19, 1979 (P.L.130,

No.48), known as the Health Care Facilities Act.

(iv) " Private care residence." A private residence ,

INCLUDING A DOMICILIARY CARE HOME :

(A) In which the owner of the residence or the

legal entity responsible for the operation of the

residence, for monetary consideration, provides or

assists with or arranges for the provision of food,

room, shelter, clothing, personal care or health care

in the residence, for a period exceeding 24 hours, to

fewer than four care-dependent persons who are not

relatives of the owner.

(B) That is not:

(I) required to be licensed as a long-term

care nursing facility, as defined in section

802.1 of the Health Care Facilities Act; and

(II) specified in subparagraph (iii)(A).

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Section 2 3. This act shall take effect in 60 days.

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