Bill Text: PA HB188 | 2011-2012 | Regular Session | Introduced

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Bill Title: In assault, further providing for the offense of neglect of care-dependent person; and providing for the offense of abuse of care-dependent person.

Spectrum: Slight Partisan Bill (Democrat 22-9)

Status: (Introduced - Dead) 2011-01-24 - Referred to JUDICIARY [HB188 Detail]

Download: Pennsylvania-2011-HB188-Introduced.html

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PRINTER'S NO. 130
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 188 Session of2011
INTRODUCED BY DePASQUALE, BISHOP, JOHNSON, STABACK, BRENNAN, HORNAMAN, COHEN, FRANKEL, GEIST, GILLESPIE, GINGRICH, JOSEPHS, KORTZ, KULA, MUNDY, MURPHY, M. O'BRIEN, PYLE, SANTARSIERO, STURLA, SWANGER, VULAKOVICH AND WHITE, JANUARY 24, 2011
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 2011
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 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 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 or knowingly endangers the welfare of
a care-dependent person for whom he is responsible to provide
care 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)(1) or (2) constitutes
a felony of the first degree if the victim suffers death, and
upon conviction, shall be punishable by a term of
imprisonment not to exceed 30 years, a fine of $25,000, or
both.
(6) A violation of subsection (a)(3) constitutes a
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misdemeanor of the second degree. However, 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.
* * *
(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, private care residence,
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.
"Legal entity." Any individual, partnership, unincorporated
association, corporation or governing authority.
* * *
"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
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24 hours, to less than four care-dependent persons who are
not relatives of the owner; and
(2) 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. The term does not include 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.
The term does not include a facility which provides
residential care for less 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 he:
(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.--
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(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 any such 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:
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"Care-dependent person." An adult who, due to physical or
cognitive disability or impairment, requires assistance to meet
the adult's needs for food, shelter, clothing, personal care or
health care.
"Caretaker." This 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,
unincorporated association or other business entity.
Section 3. This act shall take effect in 60 days.
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