AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in assault, further providing for the
3offense of simple assault and for the offense of aggravated
4assault; and, in falsification and intimidation, providing
5for the offense of false reports of child abuse and for the
6offense of intimidation or retaliation in child abuse cases.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 2701(a) and (b)(2) of Title 18 of the
10Pennsylvania Consolidated Statutes are amended to read:

11§ 2701. Simple assault.

12(a) Offense defined.--[A] Except as provided under section 
132702 (relating to aggravated assault), a person is guilty of
14assault if he:

15(1) attempts to cause or intentionally, knowingly or
16recklessly causes bodily injury to another;

17(2) negligently causes bodily injury to another with a

1deadly weapon;

2(3) attempts by physical menace to put another in fear
3of imminent serious bodily injury; or

4(4) conceals or attempts to conceal a hypodermic needle
5on his person and intentionally or knowingly penetrates a law
6enforcement officer or an officer or an employee of a
7correctional institution, county jail or prison, detention
8facility or mental hospital during the course of an arrest or
9any search of the person.

10(b) Grading.--Simple assault is a misdemeanor of the second
11degree unless committed:

12* * *

13(2) against a child under 12 years of age by [an adult
1421] a person 18 years of age or older, in which case it is a
15misdemeanor of the first degree.

16Section 2. Section 2702(a)(6) and (7) and (b) of Title 18
17are amended and subsection (a) is amended by adding paragraphs
18to read:

19§ 2702. Aggravated assault.

20(a) Offense defined.--A person is guilty of aggravated
21assault if he:

22* * *

23(6) attempts by physical menace to put any of the
24officers, agents, employees or other persons enumerated in
25subsection (c), while in the performance of duty, in fear of
26imminent serious bodily injury; [or]

27(7) uses tear or noxious gas as defined in section
282708(b) (relating to use of tear or noxious gas in labor
29disputes) or uses an electric or electronic incapacitation
30device against any officer, employee or other person

1enumerated in subsection (c) while acting in the scope of his
2employment[.];

3(8) attempts to cause or intentionally, knowingly or
4recklessly causes bodily injury to a child less than six
5years of age, by a person 18 years of age or older; or

6(9)  attempts to cause or intentionally, knowingly or
7recklessly causes serious bodily injury to a child less than
813 years of age, by a person 18 years of age or older.

9(b) Grading.--Aggravated assault under subsection (a)(1)
10[and], (2) and (9) is a felony of the first degree. Aggravated
11assault under subsection (a)(3), (4), (5), (6) [and (7)], (7) 
12and (8) is a felony of the second degree.

13* * *

14Section 3. Title 18 is amended by adding sections to read:

15§ 4906.1.  False reports of child abuse.

<-16Any person who intentionally makes a false report of
17suspected child abuse against a person, school employee, private 
18residential rehabilitative institution employee, detention 
19facility employee or child-care services employee commits a
20misdemeanor of the second degree.

<-21A person commits a misdemeanor of the second degree if the
22person intentionally or knowingly makes a false report of child
23abuse under 23 Pa.C.S. Ch. 63 (relating to child protective
24services) or intentionally or knowingly induces a child to make
25a false claim of child abuse under 23 Pa.C.S. Ch. 63.

<-26§ 4958.  Intimidation or retaliation in child abuse cases.

<-27§ 4958. Intimidation, retaliation or obstruction in child abuse
28cases.

29(a) Intimidation.--A person commits an offense if:

30(1)  The person has knowledge or intends that the

1person's conduct under paragraph (2) will obstruct, impede,
2impair, prevent or interfere with the making of a child abuse
3report or the conducting of an investigation into suspected
4child abuse under 23 Pa.C.S. Ch. 63 (relating to child
5protective services) or prosecuting a child abuse case.

6(2)  The person intimidates or attempts to intimidate any
7reporter, victim or witness to engage in any of the following
8actions:

9(i)  Refrain from making a report of suspected child
10abuse or not cause a report of suspected child abuse to
11be made.

12(ii)  Refrain from providing or withholding
13information, documentation, testimony or evidence to any
14person regarding a child abuse investigation or
15proceeding.

16(iii)  Give false or misleading information,
17documentation, testimony or evidence to any person
18regarding a child abuse investigation or proceeding.

19(iv)  Elude, evade or ignore any request or legal
20process summoning the reporter, victim or witness to
21appear to testify or supply evidence regarding a child
22abuse investigation or proceeding.

23(v)  Fail to appear at or participate in a child
24abuse proceeding or meeting involving a child abuse
25investigation to which the reporter, victim or witness
26has been legally summoned.

27(b) Retaliation.--A person commits an offense if the person
28harms another person by any unlawful act or engages in a course
29of conduct or repeatedly commits acts which threaten another
30person in retaliation for anything that the other person has

1lawfully done in the capacity of a reporter, witness or victim
2of child abuse.

<-3(b.1) Obstruction.--In addition to any other penalty
4provided by law, a person commits an offense if, with intent to
5prevent a public servant from investigating or prosecuting a
6report of child abuse under 23 Pa.C.S. Ch. 63, the person by any
7scheme or device or in any other manner obstructs, interferes
8with, impairs, impedes or perverts the investigation or
9prosecution of child abuse.

10(c)  Grading.--

11(1)  An offense under this section is a felony of the
12second degree if:

13(i)  The actor employs force, violence or deception
14or threatens to employ force, violence or deception upon
15the reporter, witness or victim or, with reckless intent
16or knowledge, upon any other person.

17(ii)  The actor offers pecuniary or other benefit to
18the reporter, witness or victim.

19(iii)  The actor's conduct is in furtherance of a
20conspiracy to intimidate or retaliate against the
21reporter, witness or victim.

22(iv)  The actor accepts, agrees or solicits another
23person to accept any pecuniary benefit to intimidate or
24retaliate against the reporter, witness or victim.

25(v)  The actor has suffered a prior conviction for a
26violation of this section or has been convicted under a
27Federal statute or statute of any other state of an act
28which would be a violation of this section if committed
29in this Commonwealth.

30(2)  An offense not otherwise addressed in paragraph (1)

1is a misdemeanor of the second degree.

2(d)  Definitions.--The following words and phrases when used
3in this section shall have the meanings given to them in this
4subsection unless the context clearly indicates otherwise:

5"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1) 
6(relating to definitions).

<-7"Mandated reporter." As defined 23 Pa.C.S. § 6303(b)(b.1).

8"Public servant." As defined in 18 Pa.C.S. § 4501 (relating
9to definitions).

10"Reporter." A person, including a mandated reporter, having
11reasonable cause to suspect that a child under 18 years of age
12is a victim of child abuse.

13Section 4. This act shall take effect <-as follows:

14(1) The amendments of sections 2701 and 2702 and this
15section shall take effect immediately.

16(2) The remainder of this act shall take effect January
171, 2014. <-January 1, 2014, or immediately, whichever is later.