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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FARNESE, BLAKE, STACK, FONTANA, D. WHITE, ERICKSON, ORIE, SOLOBAY, VOGEL, COSTA, MENSCH, WASHINGTON AND TARTAGLIONE, JULY 21, 2011 |
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| REFERRED TO JUDICIARY, JULY 21, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the criminal |
3 | activity of concealing the death of a child. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 4303 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 4303. Concealing death of child. |
9 | (a) Offense defined.-- |
10 | (1) A person is guilty of a [misdemeanor of the first |
11 | degree] criminal offense if he or she endeavors privately, |
12 | either alone or by the procurement of others, to |
13 | intentionally or knowingly conceal the death of [his or her] |
14 | a child for whom the person is a parent, guardian or |
15 | caretaker of the child, so that it may not come to light, |
16 | whether it was born dead or alive or whether it was murdered |
17 | or not[.] regardless of the age of the child. |
18 | (2) A person is guilty of a criminal offense if he or |
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1 | she endeavors privately, either alone or by the procurement |
2 | of others, to fail to report the death or absence of a child |
3 | for whom the person is a parent, guardian or caretaker of the |
4 | child to law enforcement authorities if the child has been |
5 | missing for a least 24 hours. |
6 | (b) Procedure.--If the same indictment or information |
7 | charges any person with the murder of his or her child, as well |
8 | as with the offense of the concealment of the death, the jury |
9 | may acquit or convict him or her of both offenses, or find him |
10 | or her guilty of one and acquit him or her of the other. |
11 | (c) Grading.-- |
12 | (1) An offense under subsection (a)(1) shall be graded |
13 | as a felony of the third degree. |
14 | (2) An offense under subsection (a)(2) shall be graded |
15 | as a misdemeanor of the first degree. A second or subsequent |
16 | offense under subsection (a)(2) shall be graded as a felony |
17 | of the third degree. |
18 | Section 2. This act shall apply to all actions occurring |
19 | after the effective date of this act. |
20 | Section 3. This act shall take effect in 60 days. |
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