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                                                      PRINTER'S NO. 1445

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1104 Session of 2007


        INTRODUCED BY ORIE, MELLOW, FONTANA, WOZNIAK, RAFFERTY, LAVALLE,
           BROWNE, C. WILLIAMS, BOSCOLA, REGOLA AND WASHINGTON,
           OCTOBER 4, 2007

        REFERRED TO JUDICIARY, OCTOBER 4, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     neglect of a care-dependent person.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 2713(a) and (b) of Title 18 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 2713.  Neglect of care-dependent person.
     9     (a)  Offense defined.--A caretaker is guilty of neglect of a
    10  care-dependent person if he:
    11         (1)  Intentionally, knowingly or recklessly causes bodily
    12     injury [or], serious bodily injury or death by failing to
    13     provide treatment, care, goods or services necessary to
    14     preserve the health, safety or welfare of a care-dependent
    15     person for whom he is responsible to provide care.
    16         (2)  Intentionally or knowingly uses a physical restraint
    17     or chemical restraint or medication on a care-dependent
    18     person, or isolates a care-dependent person contrary to law

     1     or regulation, such that bodily injury [or], serious bodily
     2     injury or death results.
     3     (b)  Penalty.--
     4         (1)  A violation of subsection (a)(1) constitutes a
     5     misdemeanor of the first degree if the victim suffers bodily
     6     injury.
     7         (2)  A violation of subsection (a)(1) constitutes a
     8     felony of the first degree if the victim suffers serious
     9     bodily injury.
    10         (3)  A violation of subsection (a)(2) constitutes a
    11     misdemeanor of the first degree if the victim suffers bodily
    12     injury.
    13         (4)  A violation of subsection (a)(2) constitutes a
    14     felony of the first degree if the victim suffers serious
    15     bodily injury.
    16         (5)  A violation of either subsection (a)(1) or (2) which
    17     results in death shall constitute a felony of the first
    18     degree in the same manner as section 2502(c) (relating to
    19     murder) and shall carry a mandatory minimum sentence of three
    20     years of imprisonment.
    21     * * *
    22     Section 2.  This act shall take effect in 60 days.






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