PRIOR PRINTER'S NO. 885 PRINTER'S NO. 4366
No. 796 Session of 2001
INTRODUCED BY E. Z. TAYLOR, HENNESSEY, SATHER, WATSON, CLARK,
BASTIAN, BEBKO-JONES, CIVERA, CRUZ, CURRY, DALEY, GEORGE,
HALUSKA, HARHART, HERSHEY, HORSEY, LAUGHLIN, LEDERER,
MICOZZIE, MUNDY, MYERS, PETRARCA, PRESTON, READSHAW, RUBLEY,
SANTONI, STABACK, THOMAS, TRELLO, WANSACZ, WASHINGTON, WILT,
YOUNGBLOOD, COLAFELLA AND BROWNE, FEBRUARY 20, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 1, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for reporting
3 criminal injuries.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5106(a) and (b) of Title 18 of the <--
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding a subsection to read:
9 SECTION 1. SECTION 5106 OF TITLE 18 OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES IS AMENDED TO READ:
11 § 5106. Failure to report injuries by firearm or criminal act.
12 (a) Offense defined.--[A] Except as set forth in subsection
13 (a.1), a physician, intern or resident, or any person
14 conducting, managing or in charge of any hospital or pharmacy,
15 or in charge of any ward or part of a hospital, to whom shall
16 come or be brought any person:
1 (1) suffering from any wound or other injury inflicted
2 by his own act or by the act of another, which caused death
3 or serious bodily injury, or inflicted by means of a deadly
4 weapon as defined in section 2301 [of this title] (relating
5 to definitions); or
6 (2) upon whom injuries have been inflicted in violation
7 of any penal law of this Commonwealth;
8 commits a summary offense if [he] THE REPORTING PARTY fails to <--
9 report such injuries immediately, both by telephone and in
10 writing, to the chief of police or other head of the police
11 department of the local government, or to the Pennsylvania State
12 Police. The report shall state the name of the injured person,
13 if known, [his] THE INJURED PERSON'S whereabouts and the <--
14 character and extent of [his] THE PERSON'S injuries. <--
15 (a.1) Exception.--The duty to report under subsection (a)(2) <--
16 shall not apply if all of the following apply:
17 (1) The victim is a competent adult.
18 (A.1) EXCEPTION.--IN CASES OF BODILY INJURY AS DEFINED IN <--
19 SECTION 2301 (RELATING TO DEFINITIONS), FAILURE TO REPORT UNDER
20 SUBSECTION (A)(2) DOES NOT CONSTITUTE AN OFFENSE IF ALL OF THE
21 FOLLOWING APPLY:
22 (1) THE VICTIM IS AN ADULT AND HAS SUFFERED BODILY
23 INJURY.
24 (2) The injury was inflicted by an individual who:
25 (i) is the current or former spouse of the victim;
26 (ii) is a current or former sexual or intimate
27 partner of the victim;
28 (iii) shares biological parenthood with the victim;
29 or
30 (iv) is or has been living as a spouse of the
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1 victim.
2 (3) The victim has been informed:
3 (i) of the duty to report under subsection (a)(2);
4 and
5 (ii) that the report under subsection (a)(2) cannot
6 be made without the victim's consent.
7 (4) The victim does not consent to the report under
8 subsection (a)(2).
9 (5) THE VICTIM HAS BEEN PROVIDED WITH A REFERRAL TO THE <--
10 APPROPRIATE VICTIM SERVICE AGENCY SUCH AS A DOMESTIC VIOLENCE
11 OR SEXUAL ASSAULT PROGRAM.
12 (b) Immunity granted.--No physician or other person shall be
13 subject to civil or criminal liability by reason of [making a
14 report required by] complying with this section.
15 * * * <--
16 (C) PHYSICIAN-PATIENT PRIVILEGE UNAVAILABLE.--IN ANY <--
17 JUDICIAL PROCEEDING RESULTING FROM A REPORT PURSUANT TO THIS
18 SECTION, THE PHYSICIAN-PATIENT PRIVILEGE SHALL NOT APPLY IN
19 RESPECT TO EVIDENCE REGARDING SUCH INJURIES OR THE CAUSE
20 THEREOF. THIS SUBSECTION SHALL NOT APPLY WHERE A REPORT IS NOT
21 MADE PURSUANT TO SUBSECTION (A.1).
22 (D) REPORTING OF CRIME ENCOURAGED.--NOTHING IN THIS CHAPTER
23 PRECLUDES A VICTIM FROM REPORTING THE CRIME THAT RESULTED IN
24 INJURY.
25 (E) AVAILABILITY OF INFORMATION.--A PHYSICIAN OR OTHER
26 INDIVIDUAL MAY MAKE AVAILABLE INFORMATION CONCERNING DOMESTIC
27 VIOLENCE OR SEXUAL ASSAULT TO ANY INDIVIDUAL SUBJECT TO THE
28 PROVISIONS OF THIS CHAPTER.
29 Section 2. This act shall take effect in 60 days.
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