1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the offense of
3neglect of care-dependent person; and providing for the
4offense of abuse of care-dependent person.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Section 2713(a) and (b) and the definition of
8"caretaker" in subsection (f) of Title 18 of the Pennsylvania
9Consolidated Statutes are amended and subsection (f) is amended
10by adding definitions to read:

11§ 2713.  Neglect of care-dependent person.

12(a)  Offense defined.--A caretaker is guilty of neglect of a
13care-dependent person if he:

14(1)  Intentionally, knowingly or recklessly causes bodily
15injury [or], serious bodily injury or death by failing to
16provide treatment, care, goods or services necessary to
17preserve the health, safety or welfare of a care-dependent

1person for whom he is responsible to provide care.

2(2)  Intentionally or knowingly uses a physical restraint
3or chemical restraint or medication on a care-dependent
4person, or isolates a care-dependent person contrary to law
5or regulation, such that bodily injury [or], serious bodily
6injury or death results.

7(3)  Intentionally or knowingly endangers the welfare of
8a care-dependent person for whom he is responsible by failing
9to provide treatment, care, goods or services necessary to
10preserve the health, safety or welfare of the care-dependent
11person.

12(b)  Penalty.--

13(1)  A violation of subsection (a)(1) constitutes a
14misdemeanor of the first degree if the victim suffers bodily
15injury.

16(2)  A violation of subsection (a)(1) constitutes a
17felony of the first degree if the victim suffers serious
18bodily injury or death.

19(3)  A violation of subsection (a)(2) constitutes a
20misdemeanor of the first degree if the victim suffers bodily
21injury.

22(4)  A violation of subsection (a)(2) constitutes a
23felony of the first degree if the victim suffers serious
24bodily injury or death.

25(5)  A violation of subsection (a)(3) constitutes a
26misdemeanor of the second degree, except that where there is
27a course of conduct of endangering the welfare of a care-
28dependent person, the offense constitutes a felony of the
29third degree.

30* * *

1(f)  Definitions.--As used in this section, the following
2words and phrases shall have the meanings given to them in this
3subsection:

4* * *

5"Caretaker."  Any person who:

6[(1)  is an owner, operator, manager or employee of a
7nursing home, personal care home, domiciliary care home,
8community residential facility, intermediate care facility
9for the mentally retarded, adult daily living center, home
10health agency or home health service provider whether
11licensed or unlicensed;

12(2)  provides care to a care-dependent person in the
13setting described in paragraph (1); or

14(3)  has an obligation to care for a care-dependent
15person for monetary consideration in the settings described
16in paragraph (1) or in the care-dependent person's home.]

17(1)  Is an owner, operator, manager or employee of any of
18the following:

19(i)  A nursing home, personal care home, assisted 
20living facility, private care residence or domiciliary 
21home.

22(ii)  A community residential facility or
23intermediate care facility for a person with mental
24disabilities.

25(iii)  An adult daily living center.

26(iv)  A home health service provider whether licensed
27or unlicensed.

28(v)  An entity licensed under the act of July 19,
291979 (P.L.130, No.48), known as the Health Care
30Facilities Act.

1(2)  Provides care to a care-dependent person in the
2settings described under paragraph (1).

3(3)  Has an obligation to care for a care-dependent
4person for monetary consideration in the settings described
5under paragraph (1).

6(4)  Is an adult who resides with a care-dependent person
7and who has a legal duty to provide care or who has
8voluntarily assumed an obligation to provide care because of
9a familial relationship, contract or court order.

10(5)  Is an adult who does not reside with a care-
11dependent person but who has a legal duty to provide care or 
12who has affirmatively assumed a responsibility for care, or 
13who has responsibility by contract or court order.

14"Legal entity."  Any individual, partnership, unincorporated 
15association, corporation or governing authority.

16* * *

17"Private care residence."

18(1)  A private residence:

19(i)  in which the owner of the residence or the legal
20entity responsible for the operation of the residence,
21for monetary consideration, provides or assists with or
22arranges for the provision of food, room, shelter,
23clothing, personal care or health care in the residence,
24for a period exceeding 24 hours, to fewer than four care-
25dependent persons who are not relatives of the owner; and

26(ii)  which is not required to be licensed as a long-
27term care nursing facility, as defined in section 802.1
28of the act of July 19, 1979 (P.L.130, No.48), known as
29the Health Care Facilities Act.

30(2)  The term does not include:

1(i)  Domiciliary care as defined in section 2202-A of
2the act of April 9, 1929 (P.L.177, No.175), known as The
3Administrative Code of 1929.

4(ii)  A facility which provides residential care for
5fewer than four care-dependent adults and which is
6regulated by the Department of Public Welfare.

7Section 2.  Title 18 is amended by adding a section to read:

8§ 2713.1.  Abuse of care-dependent person.

9(a)  Offense defined.--A caretaker is guilty of abuse of a
10care-dependent person if he:

11(1)  With the intent to harass, annoy or alarm a care-
12dependent person:

13(i)  strikes, shoves, kicks or otherwise subjects or
14attempts to subject a care-dependent person to or
15threatens a care-dependent person with physical contact;

16(ii)  engages in a course of conduct or repeatedly
17commits acts which serve no legitimate purposes;

18(iii)  communicates to a care-dependent person any
19lewd, lascivious, threatening or obscene words, language,
20drawings or caricatures; or

21(iv)  communicates repeatedly with the care-dependent
22person at extremely inconvenient hours.

23(2)  Commits an offense under section 2709.1 (relating to
24stalking) against a care-dependent person.

25(b)  Penalty.--

26(1)  A violation of subsection (a)(1) constitutes a
27misdemeanor of the first degree.

28(2)  A violation of subsection (a)(2) constitutes a
29felony of the third degree.

30(c)  Report during investigation.--When in the course of

1conducting any regulatory or investigative responsibility, the
2Department of Aging, the Department of Health or the Department
3of Public Welfare has a reasonable cause to believe that a
4caretaker has engaged in conduct in violation of this section, a
5report shall be made immediately to the local law enforcement
6agency or to the Office of Attorney General.

7(d)  Enforcement.--

8(1)  The district attorneys of the several counties shall
9have authority to investigate and to institute criminal
10proceedings for any violations of this section.

11(2)  In addition to the authority conferred upon the
12Attorney General under the act of October 15, 1980 (P.L.950,
13No.164), known as the Commonwealth Attorneys Act, the
14Attorney General shall have the authority to investigate and
15institute criminal proceedings for any violation of this
16section. A person charged with a violation of this section by
17the Attorney General shall not have standing to challenge the
18authority of the Attorney General to investigate or prosecute
19the case, and, if the challenge is made, the challenge shall
20be dismissed and no relief shall be available in the courts
21of this Commonwealth to the person making the challenge.

22(e)  Definitions.--As used in this section, the following
23words and phrases shall have the meanings given to them in this
24subsection:

25"Care-dependent person."  The term shall have the same 
26meaning given to it under section 2713 (relating to neglect of 
27care-dependent person).

28"Caretaker."  The term shall have the same meaning given to 
29it under section 2713 (relating to neglect of care-dependent 
30person).

1"Person."  The term shall have the same meaning given to it 
2under section 2713 (relating to neglect of care-dependent 
3person).

4Section 3.  This act shall take effect in 60 days.