PRINTER'S NO. 3936
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2604
Session of
2018
INTRODUCED BY HARPER, FARRY, WARREN, TOEPEL, MURT, STEPHENS,
DAVIS, CHARLTON, J. McNEILL, READSHAW, MILLARD, HILL-EVANS,
SCHLOSSBERG, BOBACK, ROE, D. COSTA, WATSON, DRISCOLL, DeLUCA,
TAI, SCHWEYER, DALEY, GILLEN AND KAVULICH, SEPTEMBER 5, 2018
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 5, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against the family,
further providing for the offense of endangering welfare of
children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4304 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4304. Endangering welfare of children.
(a) Offense defined.--
(1) A parent, guardian or other person supervising the
welfare of a child under 18 years of age, or a person that
employs or supervises such a person, commits an offense if he
knowingly endangers the welfare of the child by violating a
duty of care, protection or support.
(2) A person commits an offense if the person, in an
official capacity, prevents or interferes with the making of
a report of suspected child abuse under 23 Pa.C.S. Ch. 63
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(relating to child protective services).
[(3) As used in this subsection, the term "person
supervising the welfare of a child" means a person other than
a parent or guardian that provides care, education, training
or control of a child.]
(4) A person commits an offense under this section if
the person commits a personal injury crime knowing that the
crime was witnessed by sight or sound by a child under 18
years of age who is a family or household member of the
person or victim.
(b) Grading.--
(1) Except as provided under paragraph (2), the
following apply:
(i) An offense under [this section] subsection (a)
(1) or (2) constitutes a misdemeanor of the first degree.
(ii) If the actor engaged in a course of conduct [of
endangering the welfare of a child] under subsection (a)
(1) or (2), the offense constitutes a felony of the third
degree.
(iii) If, in the commission of the offense under
subsection (a)(1), the actor created a substantial risk
of death or serious bodily injury, the offense
constitutes a felony of the third degree.
(iv) If the actor's conduct under subsection (a)(1)
created a substantial risk of death or serious bodily
injury and was part of a course of conduct, the offense
constitutes a felony of the second degree.
(v) An offense under subsection (a)(4) constitutes a
misdemeanor of the second degree.
(2) The grading of an offense under this section shall
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be increased one grade if, at the time of the commission of
the offense, the child was under six years of age.
(c) Counseling.--A court shall consider ordering an
individual convicted of an offense under this section to undergo
counseling.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Family or household member." As defined in 23 Pa.C.S. §
6102 (relating to definitions).
"Person supervising the welfare of a child." A person other
than a parent or guardian who provides care, education, training
or control of a child.
"Personal injury crime."
(1) An act that constitutes a misdemeanor or felony
under any of the following, or criminal attempt, solicitation
or conspiracy to commit any of the following:
(i) Chapter 25 (relating to criminal homicide).
(ii) Chapter 27 (relating to assault).
(iii) Chapter 29 (relating to kidnapping).
(iv) Chapter 30 (relating to human trafficking).
(v) Chapter 31 (relating to sexual offenses).
(vi) Section 3301 (relating to arson and related
offenses).
(vii) Chapter 37 (relating to robbery).
(viii) Subchapter B of Chapter 49 (relating to
victim and witness intimidation).
(ix) 75 Pa.C.S. § 3732 (relating to homicide by
vehicle).
(x) 75 Pa.C.S. § 3742 (relating to accidents
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involving death or personal injury).
(xi) 75 Pa.C.S. Ch. 38 (relating to driving after
imbibing alcohol or utilizing drugs) in cases involving
bodily injury.
(2) The term includes violations of a protective order
issued as a result of an act related to domestic violence.
Section 2. This act shall take effect in 60 days.
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