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| PRIOR PRINTER'S NO. 391 | PRINTER'S NO. 1792 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WANSACZ, STABACK, K. SMITH, MUNDY, CARROLL, GOODMAN, PASHINSKI, BELFANTI, BOBACK, CRUZ, CURRY, FABRIZIO, GIBBONS, GINGRICH, GRUCELA, HORNAMAN, JOSEPHS, KOTIK, KULA, McGEEHAN, McILVAINE SMITH, MOUL, MURPHY, M. O'BRIEN, O'NEILL, PARKER, PRESTON, VULAKOVICH, WATSON, YOUNGBLOOD, PICKETT, MAJOR, KORTZ, WALKO, J. TAYLOR, BRENNAN, DeLUCA, W. KELLER, FRANKEL, FREEMAN, MAHONEY, GEIST AND MURT, FEBRUARY 10, 2009 |
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| AS RE-REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 6, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offense of |
3 | neglect of 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 by adding |
8 | paragraphs to read: |
9 | Section 1. Section 2713(a) of Title 18 of the Pennsylvania | <-- |
10 | Consolidated Statutes is amended and subsection (b) is amended |
11 | by adding a paragraph to read: |
12 | § 2713. Neglect of care-dependent person. |
13 | (a) Offense defined.--A caretaker is guilty of neglect of a |
14 | care-dependent person if he: |
15 | * * * | <-- |
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1 | (3) Intentionally, knowingly or recklessly commits the |
2 | offense conduct specified in paragraph (1) or (2) such that |
3 | death of the care-dependent person results. |
4 | (b) Penalty.-- |
5 | * * * |
6 | (5) The Pennsylvania Commission on Sentencing shall |
7 | provide, under 42 Pa.C.S. § 2154 (relating to adoption of |
8 | guidelines for sentencing), for a sentencing enhancement for |
9 | a violation of subsection (a)(3). |
10 | (1) Intentionally, knowingly or recklessly causes bodily | <-- |
11 | injury [or], serious bodily injury or death by failing to |
12 | provide treatment, care, goods or services necessary to |
13 | preserve the health, safety or welfare of a care-dependent |
14 | person for whom he is responsible to provide care. |
15 | (2) Intentionally or knowingly uses a physical restraint |
16 | or chemical restraint or medication on a care-dependent |
17 | person, or isolates a care-dependent person contrary to law |
18 | or regulation, such that bodily injury [or], serious bodily |
19 | injury or death results. |
20 | (b) Penalty.-- |
21 | * * * |
22 | (5) A violation of subsection (a)(1) or (2) constitutes |
23 | a felony of the first degree if the victim suffers death, and |
24 | upon conviction, shall be punishable by a term of |
25 | imprisonment not to exceed 30 years, a fine of $25,000, or |
26 | both. |
27 | * * * |
28 | Section 2. This act shall take effect in 60 days. |
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