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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DEASY, MURPHY, TAYLOR, BISHOP, K. BOYLE, BRENNAN, BROOKS, V. BROWN, CARROLL, COHEN, DeLUCA, FABRIZIO, GEORGE, HARKINS, HORNAMAN, KAVULICH, KNOWLES, MAHONEY, MANN, M. O'BRIEN, O'NEILL, PETRARCA, PRESTON, RAVENSTAHL, READSHAW, SANTARSIERO, K. SMITH, M. SMITH, SWANGER, THOMAS, WHITE, YOUNGBLOOD, GINGRICH, GERBER, CONKLIN AND GIBBONS, NOVEMBER 28, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 28, 2011 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, providing for persons required to |
3 | report suspected child sexual abuse. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 23 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 6311.1. Persons required to report suspected child sexual |
9 | abuse. |
10 | (a) General rule.--An individual who has firsthand or |
11 | secondhand knowledge of or reasonable cause to believe a child |
12 | is being sexually abused shall report the suspected child sexual |
13 | abuse to law enforcement officials as soon as is practicable. |
14 | (b) Confidential communications.--Except with respect to |
15 | confidential communications made to a member of the clergy which |
16 | are protected under 42 Pa.C.S. § 5943 (relating to confidential |
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1 | communications to clergymen), and except with respect to |
2 | confidential communications made to an attorney which are |
3 | protected by 42 Pa.C.S. § 5916 (relating to confidential |
4 | communications to attorney) or 5928 (relating to confidential |
5 | communications to attorney), the privileged communication |
6 | between any professional person and the patient or client of |
7 | that person shall not apply to situations involving child sexual |
8 | abuse and shall not constitute grounds for failure to report as |
9 | required by this chapter. |
10 | (c) Civil action for discrimination against person filing |
11 | report.--A person who reports suspected child sexual abuse in |
12 | good faith and, as a result of the report, is discharged from |
13 | his or her employment or in any other manner is discriminated |
14 | against with respect to compensation, hire, tenure, terms, |
15 | conditions or privileges of employment, may commence an action |
16 | in the court of common pleas of the county in which the alleged |
17 | unlawful discharge or discrimination occurred for appropriate |
18 | relief. If the court finds that the person is an individual who |
19 | reported suspected child sexual abuse under this section in good |
20 | faith and, as a result of the report, was discharged or |
21 | discriminated against with respect to compensation, hire, |
22 | tenure, terms, conditions or privileges of employment, the court |
23 | may issue an order granting appropriate relief, including, but |
24 | not limited to, reinstatement with back pay. The department may |
25 | intervene in any action commenced under this subsection. |
26 | (d) Definitions.--The following words and phrases when used |
27 | in this chapter shall have the meanings given to them in this |
28 | section unless the context clearly indicates otherwise: |
29 | "Law enforcement official." The term shall have the same |
30 | meaning as the term "peace officer" is given under 18 Pa.C.S. § |
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1 | 501 (relating to definitions). |
2 | Section 2. This act shall take effect in 60 days. |
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