1Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2Relations) of the Pennsylvania Consolidated Statutes, in
3falsification and intimidation, providing for the offense of
4intimidation or retaliation in child abuse cases; and, in 
5child protective services, providing for exclusions from 
6child abuse.

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

9Section 1. Title 18 of the Pennsylvania Consolidated
10Statutes is amended by adding a section to read:

11§ 4958.  Intimidation or retaliation in child abuse cases.

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

13(1)  The person has knowledge or intends that the
14person's conduct under paragraph (2) will obstruct, impede,
15impair, prevent or interfere with the making of a child abuse
16report or the conducting of an investigation into suspected
17child abuse under 23 Pa.C.S. Ch. 63 (relating to child
18protective services) or prosecuting a child abuse case.

1(2)  The person intimidates or attempts to intimidate any
2reporter, victim or witness to engage in any of the following
3actions:

4(i)  Refrain from making a report of suspected child
5abuse or causing a report of suspected child abuse to be
6made.

7(ii)  Refrain from providing or withhold information,
8documentation, testimony or evidence to any person
9regarding a child abuse investigation or proceeding.

10(iii)  Give false or misleading information,
11documentation, testimony or evidence to any person
12regarding a child abuse investigation or proceeding.

13(iv)  Elude, evade or ignore any request or legal
14process summoning the reporter, victim or witness to
15appear to testify or supply evidence regarding a child
16abuse investigation or proceeding.

17(v)  Fail to appear at or participate in a child
18abuse proceeding or meeting involving a child abuse
19investigation to which the reporter, victim or witness
20has been legally summoned.

21(b) Retaliation.--A person commits an offense if the person
22harms another person by any unlawful act or engages in a course
23of conduct or repeatedly commits acts which threaten another
24person in retaliation for anything that the other person has
25lawfully done in the capacity of a reporter, witness or victim
26of child abuse.

27(c)  Grading.--

28(1)  An offense under this section is a felony of the
29second degree if:

30(i)  The actor employs force, violence or deception

1or threatens to employ force or violence or deception
2upon the reporter, witness or victim or, with the
3reckless intent or knowledge, upon any other person.

4(ii)  The actor offers pecuniary or other benefit to
5the reporter, witness or victim.

6(iii)  The actor's conduct is in furtherance of a
7conspiracy to intimidate or retaliate against the
8reporter, witness or victim.

9(iv)  The actor accepts, agrees or solicits another
10person to accept any pecuniary benefit to intimidate or
11retaliate against the reporter, witness or victim.

12(v)  The actor has suffered a prior conviction for a
13violation of this section or has been convicted under a
14Federal statute or statute of any other state of an act
15which would be a violation of this section if committed
16in this Commonwealth.

17(2)  All offenses other than those under paragraph (1)
18are a misdemeanor of the second degree.

19(d)  Definitions.--The following words and phrases when used
20in this section shall have the meanings given to them in this
21subsection unless the context clearly indicates otherwise:

22"Child abuse." Except as otherwise provided in 23 Pa.C.S. 
23§ 6304 (relating to exclusions from child abuse), any of the 
24following with respect to a child:

25(1)  A reckless or intentional act against the child that
26has occurred within two years of the date of the report to
27the department or county agency and that:

28(i)  causes bodily injury or serious bodily injury to
29the child; or

30(ii)  creates a reasonable likelihood of bodily

1injury or serious bodily injury to the child.

2(2)  Recklessly or intentionally engaging in any of the
3following conduct that has occurred within two years of the
4date of the report to the department or county agency:

5(i)  Kicking, burning, biting, stabbing, cutting or
6throwing the child in a manner that may endanger the
7child.

8(ii)  Unreasonably confining or restraining the
9child, based upon consideration of the method, location
10or the duration of the confinement or restraint.

11(iii)  Forcefully shaking the child if the child is
12under the age of one year.

13(iv)  Forcefully slapping the child if the child is
14under the age of one year.

15(v)  Interfering with the breathing of the child.

16(vi)  Causing the child to be present at a location
17where any of the following is occurring:

18(A)  A violation of 18 Pa.C.S. § 7508.2 (relating
19to operation of methamphetamine laboratory).

20(B)  A felony violation of the act of April 14,
211972 (P.L.233, No.64), known as The Controlled
22Substance, Drug, Device and Cosmetic Act.

23(vii)  Operating a vehicle in which the child is a
24passenger while a violation of 75 Pa.C.S. § 3802
25(relating to driving under influence of alcohol or
26controlled substance) is occurring.

27(viii)  Leaving the child alone with an individual
28who is 14 years of age or older and subject to
29registration under 42 Pa.C.S. Ch. 97 Subch. H (relating
30to registration of sexual offenders).

1(3)  An act or series of acts that causes or
2significantly contributes to serious mental injury to the
3child.

4(4)  A reckless or intentional act against the child that
5causes sexual abuse or exploitation of the child.

6(5)  Causing serious physical neglect of the child.

7(6)  An attempt to engage in any conduct under paragraph
8(1), (2), (3) or (4).

9(7)  A failure to act that:

10(i)  has occurred within two years of the date of the
11report to the department or county agency; and

12(ii)  causes any harm or injury, or creates a
13reasonable likelihood of any harm or injury, as set forth
14in paragraph (1) or (2).

15(8)  A failure to act that causes any harm or injury as
16set forth in paragraph (3) or (4).

17(9)  A reckless or intentional act against the child that
18results in the death of the child.

19"Mandated reporter." A person required to report suspected
20child abuse under section 6311 (relating to persons required to
21report suspected child abuse).

22"Reporter."  A person, including a mandated reporter, having
23reasonable cause to suspect that a child under 18 years of age
24is a victim of child abuse.

25"Witness."  A person having knowledge of the existence or
26nonexistence of facts or information relating to child abuse or
27suspected child abuse.

28"Victim."  A child who has been subjected to child abuse.

29Section 2. Title 23 is amended by adding a section to read:

30§ 6304.  Exclusions from child abuse.

1(a)  Environmental factors.--No child shall be deemed to be
2physically or mentally abused based on injuries that result
3solely from environmental factors that are beyond the control of
4the parent or person responsible for the child's welfare, such
5as inadequate housing, furnishings, income, clothing and medical
6care.

7(b)  Practice of religious beliefs.--If, upon investigation,
8the county agency determines that a child has not been provided
9needed medical or surgical care because of seriously held
10religious beliefs of the child's parents or person responsible
11for the child's welfare, which beliefs are consistent with those
12of a bona fide religion, the child shall not be deemed to be
13physically or mentally abused.  In such cases the following
14shall apply:

15(1)  The county agency shall closely monitor the child
16and shall seek court-ordered medical intervention when the
17lack of medical or surgical care threatens the child's life
18or long-term health.

19(2)  All correspondence with a subject of the report and 
20the records of the department and the county agency shall not 
21reference "child abuse" and shall acknowledge the religious
22basis for the child's condition.

23(3)  The family shall be referred for general protective
24services, if appropriate.

25(c)  Use of force for disciplinary purposes.--Subject to
26subsection (d), the use of reasonable force under the
27circumstances against a child by a person responsible for a
28child's welfare shall not be considered child abuse if any of
29the following conditions apply:

30(1)  The use of reasonable force constitutes incidental,

1minor or reasonable physical contact with the child or other
2actions that are designed to maintain order and control.

3(2)  The use of reasonable force is necessary:

4(i)  to quell a disturbance or remove the child from
5the scene of a disturbance that threatens physical injury
6to persons or damage to property;

7(ii)  to prevent the child from self-inflicted
8physical harm;

9(iii)  for self-defense or the defense of another
10individual; or

11(iv)  to obtain possession of weapons or other
12dangerous objects or controlled substances or
13paraphernalia that are on the child or within the control
14of the child.

15(d)  Effect on rights of parents.--Notwithstanding subsection
16(c), this chapter does not restrict the generally recognized
17existing rights of parents to use reasonable supervision and
18control when raising their children, subject to the provisions
19of 18 Pa.C.S. § 509 (relating to use of force by persons with
20special responsibility for care, discipline or safety of
21others).

22(e)  Participation in events that involve physical contact
23with child.--An individual participating in a practice or
24competition in an interscholastic sport, physical education or
25an extracurricular activity that involves physical contact with
26a child does not, in itself, constitute contact that is subject
27to the reporting requirements of this chapter.

28(f)  Peer-on-peer contact.--No child shall be deemed to be
29physically or mentally abused based on injuries that result
30solely from a fight or scuffle mutually entered into by mutual

1consent.

2Section 3. This act shall take effect in 60 days.