THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GINGRICH, BOBACK, CONKLIN, D. COSTA, CUTLER, DAVIS, DAY, DENLINGER, FLECK, GEIST, GILLESPIE, GOODMAN, GROVE, HARHAI, HARHART, HESS, HORNAMAN, KAVULICH, KILLION, KIRKLAND, KULA, MAJOR, MARSICO, MICOZZIE, MILNE, MOUL, MUNDY, MURT, MYERS, O'NEILL, PICKETT, PYLE, RAPP, REICHLEY, ROCK, ROSS, SAYLOR, SCHRODER, K. SMITH, SWANGER, VULAKOVICH, WAGNER, WATSON, WHEATLEY, YOUNGBLOOD AND FARRY, MARCH 14, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 26, 2011   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, 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 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 and subsection (f) is amended

by adding definitions 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 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 results.

(3)  Intentionally or knowingly 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.

(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

felony of the first degree if the victim suffers serious

bodily injury.

(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.

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(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.]

(1)  Is an owner, operator, manager or employee of any of

the following:

(i)  A nursing home, personal care home, assisted

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living facility, private care residence or domiciliary

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 the act of July 19,

1979 (P.L.130, No.48), known as the Health Care

Facilities Act.

(2)  Provides care to a care-dependent person in the

settings described under paragraph (1).

(3)  Has an obligation to care for a care-dependent

person for monetary consideration in the settings described

under paragraph (1).

(4)  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.

(5)  Is an adult who does not reside with a care-

dependent person but who has a legal duty to provide care or

who has assumed affirmatively assumed a responsibility for

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care, or who has responsibility by contract or court order.

"Legal entity."  Any individual, partnership, unincorporated

association, corporation or governing authority.

* * *

"Private care residence."

(1)  A private residence:

(i)  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)  which is not required to be licensed as a long-

term care nursing 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)  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 which provides residential care for

fewer than four care-dependent adults and which is

regulated by the Department of Public Welfare.

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

§ 2713.1.  Abuse of care-dependent person.

(a)  Offense defined.--A caretaker is guilty of abuse of a

care-dependent person if he:

(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 which serve no legitimate purposes;

(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 any regulatory or investigative responsibility, the

Department of Aging, the Department of Health or the Department

of Public Welfare has a reasonable cause to believe that a

caretaker has engaged in conduct in violation of this section, 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

have authority to investigate and to institute criminal

proceedings for any violations of this section.

(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 any 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."  An adult who, due to physical or

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cognitive disability or impairment, requires assistance to meet

the adult's needs for food, shelter, clothing, personal care or

health care. The term shall have the same meaning given to it

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under section 2713 (relating to neglect of care-dependent

person).

"Caretaker."  The term shall have the same meaning given to

it under section 2713 (relating to neglect of care-dependent

person).

"Person."  A natural person, corporation, partnership,

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unincorporated association or other business entity. The term

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shall have the same meaning given to it under section 2713

(relating to neglect of care-dependent person).

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