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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 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), (c) and paragraph (1) of the |
7 | definition of "caretaker" in subsection (f) of Title 18 of the |
8 | Pennsylvania Consolidated Statutes are amended, subsection (b) |
9 | is amended by adding paragraphs and subsection (f) is amended by |
10 | adding definitions to read: : |
11 | § 2713. Neglect of care-dependent person. |
12 | (a) Offense defined.--A caretaker is guilty of neglect of a |
13 | care-dependent person if he: |
14 | (1) Intentionally, knowingly or recklessly causes bodily |
15 | injury or serious bodily injury by failing to provide |
16 | treatment, care, goods or services necessary to preserve the |
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1 | health, safety or welfare of a care-dependent person for whom |
2 | he is responsible to provide care. |
3 | (2) Intentionally [or], knowingly or recklessly uses a |
4 | physical restraint or chemical restraint or medication on a |
5 | care-dependent person, or isolates a care-dependent person |
6 | contrary to law or regulation, such that bodily injury or |
7 | serious bodily injury results. |
8 | (3) Intentionally, knowingly or recklessly endangers the |
9 | welfare of a care-dependent person for whom he is responsible |
10 | to provide care by failing to provide treatment, care, goods |
11 | or services necessary to preserve the health, safety or |
12 | welfare of the care-dependent person. |
13 | (b) Penalty.-- |
14 | * * * |
15 | (5) Except as set forth in paragraph (6), a violation of |
16 | subsection (a)(3) constitutes a misdemeanor of the second |
17 | degree. |
18 | (6) If there is a course of conduct of endangering the |
19 | welfare of a care-dependent person, a violation of subsection |
20 | (a)(3) constitutes a felony of the third degree. |
21 | (c) Report during investigation.--When in the course of |
22 | conducting any regulatory or investigative responsibility, the |
23 | Department of Aging, the Department of Health or the Department |
24 | of Public Welfare has a reasonable cause to believe that a |
25 | [care-dependent person or care-dependent persons residing in a |
26 | facility have suffered bodily injury or been unlawfully |
27 | restrained in] violation of subsection (a)[(1) or (2)] has |
28 | occurred, a report shall be made immediately to the local law |
29 | enforcement agency or to the Office of Attorney General. |
30 | * * * |
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1 | (f) Definitions.--As used in this section, the following |
2 | words and phrases shall have the meanings given to them in this |
3 | subsection: |
4 | * * * |
5 | "Caretaker." Any person who: |
6 | (1) is an owner, operator, manager or employee of a |
7 | nursing home, personal care home, private care residence, |
8 | domiciliary care home, community residential facility, |
9 | intermediate care facility for the mentally retarded, adult |
10 | daily living center, home health agency or home health |
11 | service provider whether licensed or unlicensed; |
12 | * * * |
13 | "Legal entity." Any individual, partnership, unincorporated |
14 | association, corporation or governing authority. |
15 | * * * |
16 | "Private care residence." A private residence: |
17 | (1) in which the owner of the residence or the legal |
18 | entity responsible for the operation of the residence, for |
19 | monetary consideration, provides, assists with or arranges |
20 | for the provision of food, room, shelter, clothing, personal |
21 | care or health care in the residence, for a period exceeding |
22 | 24 hours, to fewer than four care-dependent persons who are |
23 | not relatives of the owner; and |
24 | (2) which is not required to be licensed as a long-term |
25 | care nursing facility, as defined in section 802.1 of the act |
26 | of July 19, 1979 (P.L.130, No.48), known as the Health Care |
27 | Facilities Act. |
28 | The term does not include domiciliary care as defined in section |
29 | 2202-A of the act of April 9, 1929 (P.L.177, No.175), known as |
30 | The Administrative Code of 1929. The term does not include a |
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1 | facility which provides residential care for fewer than four |
2 | care-dependent adults and which is regulated by the Department |
3 | of Public Welfare. |
4 | Section 2. This act shall take effect in 60 days. |
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