|Posted:||December 21, 2012 09:50 AM|
|From:||Representative Mauree Gingrich|
|To:||All House members|
|Subject:||Co-sponsor Legislation - Neglect/Abuse of Care Dependent Persons|
|In the near future, I am planning to reintroduce legislation amending Title 18 (Crimes Code) to further provide for the offense of neglect of a care-dependent person, and to create the offense of abuse of a care-dependent person. The need for this initiative first arose from cases in my district involving the neglect and abuse of care-dependent persons by caretakers in personal care homes. The language of my bill is intended to close a serious gap that exists in current law.
Neglect of care-dependent person – Section 2713, Crimes Code
Under current section 2713, a caretaker commits the offense of neglect of a care-dependent person if he:
Under my legislation, a caretaker would also commit this offense of neglect if he intentionally or knowingly endangers the welfare of a care-dependent person for whom he is responsible to provide care by failing to provide treatment, care, goods or services necessary to preserve the person’s health, safety or welfare. The offense would be a 2nd degree misdemeanor, punishable by up to two years imprisonment and/or a fine of up to $5,000. If it is determined that there is a course of conduct of such offense, the penalty would increase to a 3rd degree felony, punishable by up to 7 years imprisonment and/or a fine of up to $15,000.
Abuse of care-dependent person – new section 2713.1.Crimes Code
This new offense would be triggered by the actions of the caretaker who intends to harass, annoy or alarm a care-dependent person by:
A person convicted under this new subsection would commit a 1st degree misdemeanor, punishable by up to five years in jail and/or a fine of $10,000. Further, the new offense would establish a 3rd degree felony penalty for a caretaker who commits the offense of stalking (Section 2709.1) against a care-dependent person.
As you can see, my legislation is intended to address neglectful, abusive and harassing behavior on the part of caretakers towards care-dependent persons: behavior which may not otherwise be sufficiently punishable under current law. I think it is important that the Commonwealth continue to support and protect these individuals that cannot effectively care for themselves.
Former HB1053 Cosponsors: GINGRICH, BOBACK, CONKLIN, D. COSTA, CUTLER, DAVIS, DAY, DENLINGER, FLECK, GEIST, GILLESPIE, GOODMAN, GROVE, HARHAI, HARHART, HESS, HORNAMAN, KAVULICH, KILLION, KIRKLAND, KULA, MAJOR, MARSICO, MICOZZIE, MILNE, MOUL, MUNDY, MURT, MYERS, O'NEILL, PICKETT, PYLE, RAPP, REICHLEY, ROCK, ROSS, SAYLOR, SCHRODER, K. SMITH, SWANGER, VULAKOVICH, WAGNER, WATSON, WHEATLEY, YOUNGBLOOD, FARRY, CALTAGIRONE AND TOOHIL
Introduced as HB31