PRINTER'S NO. 1445
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. I11L18JS/20070S1104B1445 - 2 -