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A07683
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1124
Session of
2017
INTRODUCED BY COX, BAKER, BIZZARRO, BOBACK, D. COSTA, DAVIDSON,
DAVIS, DRISCOLL, EVERETT, FARRY, GILLEN, GODSHALL, GOODMAN,
KAUFFMAN, MACKENZIE, McNEILL, MILNE, NEILSON, O'BRIEN,
PASHINSKI, ROZZI, SAYLOR, WARD, WATSON AND KORTZ, MAY 5, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of neglect of care-dependent person and providing for
the offense of abuse of care-dependent person.
The General Assembly finds and declares that it is the
legislative intent in enacting this act that a distinction
should be recognized between intentional acts and negligent
acts, particularly when this act is enforced against family
members of a care-dependent person who are not trained to
provide care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2713(a) and (b) and the definition of
"caretaker" in subsection (f) of Title 18 of the Pennsylvania
Consolidated Statutes are amended, the section is amended by
adding a subsection, the section is amended by adding a
subsection and subsection (f) is amended by adding definitions
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to read:
§ 2713. Neglect of care-dependent person.
(a) Offense defined.--A caretaker is guilty of neglect of a
care-dependent person if he:
(1) Intentionally, knowingly or recklessly causes bodily
injury [or], serious bodily injury or death by failing to
provide treatment, care, goods or services necessary to
preserve the health, safety or welfare of a care-dependent
person for whom he is responsible to provide care.
(2) Intentionally or knowingly uses a physical restraint
or chemical restraint or medication on a care-dependent
person, or isolates a care-dependent person contrary to law
or regulation, such that bodily injury [or], serious bodily
injury or death results.
(3) Intentionally , knowingly or recklessly endangers the
welfare of a care-dependent person for whom he is responsible
by failing to provide treatment, care, goods or services
necessary to preserve the health, safety or welfare of the
care-dependent person.
(b) Penalty.--
(1) A violation of subsection (a)(1) constitutes a
misdemeanor of the first degree if the victim suffers bodily
injury.
(2) A violation of subsection (a)(1) constitutes a
felony of the first degree if the victim suffers serious
bodily injury or death.
(3) A violation of subsection (a)(2) constitutes a
misdemeanor of the first degree if the victim suffers bodily
injury.
(4) A violation of subsection (a)(2) constitutes a
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felony of the first degree if the victim suffers serious
bodily injury or death.
(5) A violation of subsection (a)(3) constitutes a
misdemeanor of the second degree, except that where there is
a course of conduct of endangering the welfare of a care-
dependent person, the offense constitutes a felony of the
third degree.
* * *
(e.1) Construction.--Nothing in this section may be
construed to impose criminal liability on a caretaker who makes
a good faith effort to provide care to a care-dependent person.
(e.1) Reckless conduct.--For purposes of this section, a
person acts recklessly when the person consciously disregards a
substantial and unjustifiable risk to the care-dependent person.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Caretaker." Any person who:
[(1) is an owner, operator, manager or employee of a
nursing home, personal care home, domiciliary care home,
community residential facility, intermediate care facility
for the mentally retarded, adult daily living center, home
health agency or home health service provider whether
licensed or unlicensed;
(2) provides care to a care-dependent person in the
setting described in paragraph (1); or
(3) has an obligation to care for a care-dependent
person for monetary consideration in the settings described
in paragraph (1) or in the care-dependent person's home.]
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(1) Is is an owner, operator, manager or employee of any
of the following licensed or unlicensed entities :
(i) A nursing home, personal care home, assisted
living facility, private care residence or domiciliary
care home.
(ii) A community residential facility or
intermediate care facility for a person with mental
disabilities.
(iii) An adult daily living center.
(iv) A home health service provider whether licensed
or unlicensed .
(v) An entity licensed under 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 . ;
(2) Provides provides care to a care-dependent person in
the settings described under paragraph (1) . ;
(3) Has has an obligation to care for a care-dependent
person for monetary consideration in the settings described
under paragraph (1) . ;
(4) Is is an adult who resides with a care-dependent
person and who has a legal duty to provide care or who has
voluntarily assumed an obligation to provide care because of
a familial relationship, contract or court order . ; or
(5) Is is an adult who does not reside with a care-
dependent person but who has a legal duty to provide care or
who has affirmatively assumed a responsibility for care, or
who has responsibility by contract or court order.
" Legal entity. " An individual, partnership, unincorporated
association, corporation or governing authority.
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* * *
" Private care residence. "
(1) A private residence:
(i) in which the owner of the residence or the legal
" Private care residence. " A private residence:
(1) 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; and
(ii) that is not required to be licensed as a long-
term care nursing facility, as defined in section 802.1
of the Health Care Facilities Act.
(2) The term does not include:
(i) Domiciliary care as defined in section 2202-A of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
(ii) A facility that provides residential care for
fewer than four care-dependent adults and is regulated by
the Department of Human Services.
(2) (i) that is not required to be licensed as a long-
term care nursing facility, as defined in section 802.1
of the Health Care Facilities Act; and
(ii) that is not identified in paragraph (1) of the
definition of "caretaker."
Section 2. Title 18 is amended by adding a section to read:
§ 2713.1. Abuse of care-dependent person.
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(a) Offense defined.--A caretaker is guilty of abuse of a
care-dependent person if the caretaker:
(1) With the intent to harass, annoy or alarm a care-
dependent person:
(i) strikes, shoves, kicks or otherwise subjects or
attempts to subject a care-dependent person to or
threatens a care-dependent person with physical contact;
(ii) engages in a course of conduct or repeatedly
commits acts that serve no legitimate purpose;
(iii) communicates to a care-dependent person any
lewd, lascivious, threatening or obscene words, language,
drawings or caricatures; or
(iv) communicates repeatedly with the care-dependent
person at extremely inconvenient hours.
(2) Commits an offense under section 2709.1 (relating to
stalking) against a care-dependent person.
(b) Penalty.--
(1) A violation of subsection (a)(1) constitutes a
misdemeanor of the first degree.
(2) A violation of subsection (a)(2) constitutes a
felony of the third degree.
(c) Report during investigation.--When in the course of
conducting a regulatory or investigative responsibility, the
Department of Aging, the Department of Health or the Department
of Human Services has reasonable cause to believe that a
caretaker has engaged in conduct in violation of this section or
section 2713 , a report shall be made immediately to the local
law enforcement agency or to the Office of Attorney General.
(d) Enforcement.--
(1) The district attorneys of the several counties shall
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have authority to investigate and institute criminal
proceedings for a violation of this section or section 2713 .
(2) In addition to the authority conferred upon the
Attorney General under the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the
Attorney General shall have the authority to investigate and
institute criminal proceedings for a violation of this
section. A person charged with a violation of this section by
the Attorney General shall not have standing to challenge the
authority of the Attorney General to investigate or prosecute
the case, and, if the challenge is made, the challenge shall
be dismissed and no relief shall be available in the courts
of this Commonwealth to the person making the challenge.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Care-dependent person." The term shall have the same
meaning given to it under section 2713 (relating to neglect of
care-dependent person).
"Caretaker." The term shall have the same meaning given to
it under section 2713.
"Person." The term shall have the same meaning given to it
under section 2713.
Section 3. This act shall take effect in 60 days.
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