A05180
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 AND
GILLEN, MARCH 18, 2021
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 4, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, 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:
§ 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
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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) Subsection (a) PARAGRAPH (1) does not apply if the
victim and defendant are spouses, persons living as spouses ,
parents and children, other individuals related by
consanguinity or affinity or current 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.
(C) An individual who has an obligation to
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;
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(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.
(B) A community residential facility or
intermediate care facility for an individual with a
mental disability.
(C) An adult daily living center.
(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:
(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
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(II) specified in subparagraph (iii)(A).
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Section 2. This act shall take effect in 60 days.
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