2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 61 - CRIMES CODE (18 PA.C.S.) - INSTITUTIONAL SEXUAL ASSAULT

Session of 2022

No. 2022-61

 

HB 975

 

AN ACT

 

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, further providing for definitions; and, in sexual offenses, further providing for the offense of institutional sexual assault.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  The definitions of "caretaker" and "private care residence" in section 2713(f) of Title 18 of the Pennsylvania Consolidated Statutes are amended to read:

§ 2713.  Neglect of care-dependent person.

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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:

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"Caretaker."  Any person who:

(1)  is an owner, operator, manager or employee of any of the following licensed or unlicensed entities:

(i)  A nursing home, personal care home, assisted living facility[,] or private care residence [or domiciliary care 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.

(v)  A health care 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)  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; or

(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 affirmatively assumed a responsibility for care, or who has responsibility by contract or court order.

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"Private care residence."  A private residence, including a domiciliary care home:

(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 24 hours, to fewer than four care-dependent persons who are not relatives of the owner; and

(2)  (i)  that is not required to be licensed as a long-term care nursing facility, as defined in section 802.1 of the Health Care Facilities Act; and

(ii)  that is not identified in paragraph (1) of the definition of "caretaker."

Section 2.  Section 3124.2(a.5) of Title 18 is amended and the section is amended by adding a subsection to read:

§ 3124.2.  Institutional sexual assault.

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(a.5)  Consent not a defense.--Consent is not a defense to a violation of subsection (a), (a.1), (a.2), (a.3) [or], (a.4) or (a.6).

(a.6)  Caretakers.--

(1)  Except as provided in paragraph (2) and in sections 3121, 3122.1, 3123, 3124.1 and 3125, a caretaker commits a felony of the third degree if the caretaker engages in sexual intercourse, deviate sexual intercourse or indecent contact with a care-dependent person who receives care, services or treatment in or from a facility.

(2)  Paragraph (1) does not apply if the victim and defendant are spouses, persons living as spouses or current sexual or intimate partners whose relationship preexisted the caretaker relationship.

(3)  As used in this subsection, the following terms shall have the meanings given to them in this paragraph:

(i)  "Care-dependent person."  An adult who, due to physical or cognitive disability or impairment, requires assistance to meet the needs for food, shelter, clothing, personal care or health care.

(ii)  "Caretaker."  A person who is any of the following:

(A)  An owner, operator, manager or employee of a facility.

(B)  An individual who provides care to a care-dependent person in a facility.

(C)  An individual who has an obligation to provide care to a care-dependent person for monetary consideration in a facility.

(D)  An individual who does not reside with a care-dependent person but who, with respect to the care-dependent person, has:

(I)  a legal duty to provide care;

(II)  affirmatively assumed a responsibility to provide care; or

(III)  responsibility by contract or court order to provide care.

(iii)  "Facility."  Any of the following:

(A)  A nursing home, personal care home, assisted living facility, private care residence or the care-dependent person's residence.

(B)  A community residential facility or intermediate care facility for an individual with a mental disability.

(C)  An adult daily living center.

(D)  A home health care agency.

(E)  A health care 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.

(iv)  "Private care residence."  A private residence, including a domiciliary care home:

(A)  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.

(B)  That is not:

(I)  required to be licensed as a long-term care nursing facility, as defined in section 802.1 of the Health Care Facilities Act; and

(II)  specified in subparagraph (iii)(A).

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

 

APPROVED--The 11th day of July, A.D. 2022.

 

TOM WOLF