AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, further providing for penalties for
3failure to report or to refer.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 6319 of Title 23 of the Pennsylvania
7Consolidated Statutes is repealed:

8[§ 6319. Penalties for failure to report or to refer.

9A person or official required by this chapter to report a
10case of suspected child abuse or to make a referral to the
11appropriate authorities who willfully fails to do so commits a
12misdemeanor of the third degree for the first violation and a
13misdemeanor of the second degree for a second or subsequent
14violation.]

15Section 2. Title 23 is amended by adding a section to read:

16§ <-6379 6379.2. Penalties for failure to report or to refer.

1(a) Failure to report or to refer.--A person or official
2required under <-this chapter section 6311 (relating to persons
3required to report suspected child abuse) to report a case of
4suspected child abuse or to make a referral to the appropriate
5authorities who willfully fails to do so commits a misdemeanor
6of the second degree.

7(b) Interference with making report or referral.--A person
8who intentionally or knowingly prevents or interferes with the
9making of a report or referral of suspected child abuse <-by a 
10mandated reporter commits a misdemeanor of the first degree.

11(c) Concealment of abuse to protect another.--A person who
12intentionally or knowingly acts to prevent the discovery under
13this chapter of child abuse in order to protect or insulate any
14person or entity from prosecution or liability commits a felony
15of the third degree.

16(d) Continuing course of action.--If a person's willful
17failure under subsection (a) continues while the person knows or
18has reasonable cause to believe the child is actively being
19abused, the person commits a felony of the third degree.

20(e) Multiple offenses.--A person who commits a second or
21subsequent offense under subsection (a), (b), (c) or (d) commits
22a felony of the second degree.

23Section 2. This act shall take effect <-immediately.

24Section 3. This act shall take effect January 1, 2014.<-