Bill Text: PA HB282 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing for the offense of neglect of care-dependent person.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2009-03-19 - Referred to JUDICIARY [HB282 Detail]

Download: Pennsylvania-2009-HB282-Introduced.html

---

PRINTER'S NO. 302
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 282 Session of2009
INTRODUCED BY WALKO, CALTAGIRONE, DERMODY, FRANKEL, BELFANTI, BEYER, BOYD, DONATUCCI, GEIST, GINGRICH, GRUCELA, HENNESSEY, KOTIK, KULA, LONGIETTI, MICOZZIE, MUNDY, PALLONE, PYLE, REICHLEY, SEIP, SIPTROTH, STABACK, TRUE, VULAKOVICH, YOUNGBLOOD, CREIGHTON, MOUL, KORTZ AND MILLER, FEBRUARY 6, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offense of
neglect of care-dependent person.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2713(a), (c) and paragraph (1) of the
definition of "caretaker" in subsection (f) of Title 18 of the
Pennsylvania Consolidated Statutes are amended, subsection (b)
is amended by adding paragraphs 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 or recklessly 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, knowingly or recklessly 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.--
* * *
(5) Except as set forth in paragraph (6), a violation of
subsection (a)(3) constitutes a misdemeanor of the second
degree.
(6) If there is a course of conduct of endangering the
welfare of a care-dependent person, a violation of subsection
(a)(3) 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
[care-dependent person or care-dependent persons residing in a
facility have suffered bodily injury or been unlawfully
restrained in] violation of subsection (a)[(1) or (2)] has
occurred, a report shall be made immediately to the local law
enforcement agency or to the Office of Attorney General.
* * *
20090HB0282PN0302 - 2 -
(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;
* * *
"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, 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
(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
20090HB0282PN0302 - 3 -
facility which provides residential care for fewer than four
care-dependent adults and which is regulated by the Department
of Public Welfare.
Section 2. This act shall take effect in 60 days.
20090HB0282PN0302 - 4 -