Vote Smart's Synopsis:

Vote to pass a bill that prohibits sexual and elder abuse in senior care facilities.

Highlights:

• Establishes that 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; however, this 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 (Sec. 1).

• Defines “care-dependent person” as 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 (Sec. 1).

• Defines “caretaker” as a person who is any of the following (Sec. 1):

• An owner, operator, manager, or employee of a facility;

• An individual who provides care to a care-dependent person in a facility;

• An individual who must provide care to a care-dependent person for monetary consideration in a facility; or

• An individual who does not reside with a care-dependent person but who, concerning the care-dependent person, has:

• A legal duty to provide care;

• Affirmatively assumed a responsibility to provide care; or

• Responsibility by contract or court order to provide care.

• Defines “facility” as any of the following (Sec. 1):

• A nursing home, personal care home, assisted living facility, private care residence or domiciliary care home or the care-dependent person’s residence;

• A community residential facility or intermediate care facility for an individual with a mental disability;

• An adult daily living center;

• A home health care agency; and

• A healthcare facility.

• Defines “private care residence” as a private residence 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 (Sec. 1).

• Specifies that a “private care residence” 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 specified in subparagraph (iii)(A) (Sec. 1).

• Establishes that this act is to take effect in 60 days (Sec. 2).

Full Bill Text