1Amending Titles 18 (Crimes and Offenses), 23 (Domestic
2Relations) and 42 (Judiciary and Judicial Procedure) of the
3Pennsylvania Consolidated Statutes, in assault, further
4providing for the offense of simple assault and for the
5offense of aggravated assault; in offenses against the
6family, further providing for the offense of endangering
7welfare of children; in falsification and intimidation,
8providing for the offense of false reports of child abuse and
9for the offense of intimidation or retaliation in child abuse
10cases; in wiretapping and electronic surveillance, providing
11for administrative subpoena; in child protective services,
12providing for exclusions from child abuse; and in sentencing,
13further providing for sentences for offense against infant
14persons.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1. Section 2701(a) and (b)(2) of Title 18 of the
18Pennsylvania Consolidated Statutes are amended to read:

19§ 2701. Simple assault.

20(a) Offense defined.--[A] Except as provided under section 
212702 (relating to aggravated assault), a person is guilty of
22assault if he:

23(1) attempts to cause or intentionally, knowingly or

1recklessly causes bodily injury to another;

2(2) negligently causes bodily injury to another with a
3deadly weapon;

4(3) attempts by physical menace to put another in fear
5of imminent serious bodily injury; or

6(4) conceals or attempts to conceal a hypodermic needle
7on his person and intentionally or knowingly penetrates a law
8enforcement officer or an officer or an employee of a
9correctional institution, county jail or prison, detention
10facility or mental hospital during the course of an arrest or
11any search of the person.

12(b) Grading.--Simple assault is a misdemeanor of the second
13degree unless committed:

14* * *

15(2) against a child under 12 years of age by [an adult
1621] a person 18 years of age or older, in which case it is a
17misdemeanor of the first degree.

18Section 2. Section 2702(a)(6) and (7) and (b) of Title 18
19are amended and subsection (a) is amended by adding paragraphs
20to read:

21§ 2702. Aggravated assault.

22(a) Offense defined.--A person is guilty of aggravated
23assault if he:

24* * *

25(6) attempts by physical menace to put any of the
26officers, agents, employees or other persons enumerated in
27subsection (c), while in the performance of duty, in fear of
28imminent serious bodily injury; [or]

29(7) uses tear or noxious gas as defined in section
302708(b) (relating to use of tear or noxious gas in labor

1disputes) or uses an electric or electronic incapacitation
2device against any officer, employee or other person
3enumerated in subsection (c) while acting in the scope of his
4employment[.];

5(8) attempts to cause or intentionally, knowingly or
6recklessly causes bodily injury to a child less than six
7years of age, by a person 18 years of age or older; or

8(9)  attempts to cause or intentionally, knowingly or
9recklessly causes serious bodily injury to a child less than
1013 years of age, by a person 18 years of age or older.

11(b) Grading.--Aggravated assault under subsection (a)(1)
12[and], (2) and (9) is a felony of the first degree. Aggravated
13assault under subsection (a)(3), (4), (5), (6) [and (7)], (7) 
14and (8) is a felony of the second degree.

15* * *

16Section 3. Section 4304(a)(2) and (b) of Title 18 are
17amended and subsection (a) is amended by adding paragraphs to
18read:

19§ 4304. Endangering welfare of children.

20(a) Offense defined.--

21* * *

22(2) A person commits an offense if the person[, in an
23official capacity,] intentionally or knowingly prevents or
24interferes with the making of a report of suspected child
25abuse under 23 Pa.C.S. Ch. 63 (relating to child protective
26services).

27(2.1)  A person commits an offense if the person:

28(i)  is 18 years of age or older and resides in the
29home of a child or is a paramour of a parent of the
30child;

1(ii)  has knowledge or reason to believe that the
2child is being endangered as described in paragraph (1);
3and

4(iii)  fails to report the endangerment under 23
5Pa.C.S. Ch. 63.

6(2.2)  A person commits an offense if the person
7intentionally or knowingly acts to prevent the discovery by
8law enforcement or a county agency of an abused or neglected
9child under 23 Pa.C.S. Ch. 63.

10* * *

11(b) Grading.--[An] Except for an offense under subsection 
12(a)(2.2), an offense under this section constitutes a
13misdemeanor of the first degree. However, where there is a
14course of conduct of endangering the welfare of a child, the
15offense constitutes a felony of the third degree. An offense 
16under subsection (a)(2.2) constitutes a felony of the third 
17degree.

18Section 4. Title 18 is amended by adding sections to read:

19§ 4906.1.  False reports of child abuse.

20Any person who intentionally makes a false report of
21suspected child abuse against a person, school, private
22residential rehabilitative institution, detention facility,
23school employee, private residential rehabilitative institution
24employee or detention facility employee commits a misdemeanor of
25the second degree.

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

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

28(1)  The person has knowledge or intends that the
29person's conduct under paragraph (2) will obstruct, impede,
30impair, prevent or interfere with the making of a child abuse

1report or the conducting of an investigation into suspected
2child abuse under 23 Pa.C.S. Ch. 63 (relating to child
3protective services) or prosecuting a child abuse case.

4(2)  The person intimidates or attempts to intimidate any
5reporter, victim or witness to engage in any of the following
6actions:

7(i)  Refrain from making a report of suspected child
8abuse or not cause a report of suspected child abuse to
9be made.

10(ii)  Refrain from providing or withholding
11information, documentation, testimony or evidence to any
12person regarding a child abuse investigation or
13proceeding.

14(iii)  Give false or misleading information,
15documentation, testimony or evidence to any person
16regarding a child abuse investigation or proceeding.

17(iv)  Elude, evade or ignore any request or legal
18process summoning the reporter, victim or witness to
19appear to testify or supply evidence regarding a child
20abuse investigation or proceeding.

21(v)  Fail to appear at or participate in a child
22abuse proceeding or meeting involving a child abuse
23investigation to which the reporter, victim or witness
24has been legally summoned.

25(b) Retaliation.--A person commits an offense if the person
26harms another person by any unlawful act or engages in a course
27of conduct or repeatedly commits acts which threaten another
28person in retaliation for anything that the other person has
29lawfully done in the capacity of a reporter, witness or victim
30of child abuse.

1(c)  Grading.--

2(1)  An offense under this section is a felony of the
3second degree if:

4(i)  The actor employs force, violence or deception
5or threatens to employ force, violence or deception upon
6the reporter, witness or victim or, with reckless intent
7or knowledge, upon any other person.

8(ii)  The actor offers pecuniary or other benefit to
9the reporter, witness or victim.

10(iii)  The actor's conduct is in furtherance of a
11conspiracy to intimidate or retaliate against the
12reporter, witness or victim.

13(iv)  The actor accepts, agrees or solicits another
14person to accept any pecuniary benefit to intimidate or
15retaliate against the reporter, witness or victim.

16(v)  The actor has suffered a prior conviction for a
17violation of this section or has been convicted under a
18Federal statute or statute of any other state of an act
19which would be a violation of this section if committed
20in this Commonwealth.

21(2)  An offense not otherwise addressed in paragraph (1)
22is a misdemeanor of the second degree.

23(d)  Definitions.--The following words and phrases when used
24in this section shall have the meanings given to them in this
25subsection unless the context clearly indicates otherwise:

26"Child abuse." Except as otherwise provided in 23 Pa.C.S. §
276304 (relating to exclusions from child abuse), any of the
28following with respect to a child:

29(1) Recklessly or intentionally acting against a child
30with either of the following outcomes which occurred within

1two years of the date of the report to the department or
2county agency:

3(i) Causing bodily injury or serious bodily injury
4to a child.

5(ii) Creating a reasonable likelihood of bodily
6injury or serious bodily injury to a child.

7(2) Recklessly or intentionally engaging in any of the
8following conduct that has occurred within two years of the
9date of the report to the department or county agency:

10(i) Kicking, burning, biting, stabbing, cutting or
11throwing a child in a manner that may endanger the child.

12(ii) Unreasonably confining or restraining a child,
13based upon the method, location or the duration of the
14confinement or restraint.

15(iii) Forcefully shaking a child if the child is
16under one year of age.

17(iv) Forcefully slapping a child if the child is
18under one year of age.

19(v) Interfering with the breathing of a child.

20(vi) Causing the child to be present at a location
21where any of the following is occurring:

22(A) A violation of 18 Pa.C.S. § 7508.2 (relating
23to operation of methamphetamine laboratory).

24(B) A felony violation of the act of April 14,
251972 (P.L.233, No.64), known as The Controlled
26Substance, Drug, Device and Cosmetic Act.

27(vii) Operating a vehicle in which the child is a
28passenger while a violation of 75 Pa.C.S. § 3802
29(relating to driving under influence of alcohol or
30controlled substance) is occurring.

1(viii) Leaving a child alone with an individual who
2is 14 years of age or older and subject to registration
3under 42 Pa.C.S. Ch. 97 Subch. H (relating to
4registration of sexual offenders).

5(3) Causing or significantly contributing, by an act or
6series of acts, to the serious mental injury to a child.

7(4) Recklessly or intentionally acting to cause the
8sexual abuse or exploitation of a child.

9(5) Causing serious physical neglect of a child.

10(6) Attempting to engage in any conduct under paragraph
11(1), (2), (3) or (4).

12(7) Failing to act which:

13(i) has occurred within two years of the date of the
14report to the department or county agency; and

15(ii) does any of the following:

16(A) Causes bodily injury or creates a reasonable
17likelihood of bodily injury to a child.

18(B) Recklessly or intentionally engages in
19conduct under paragraph (2).

20(8) Causing harm or injury as set forth in paragraph (3)
21or (4) by failing to act.

22(9) Recklessly or intentionally performing an act which
23results in the death of a child.

24Section 5. Title 23 is amended by adding a section to read:

25§ 6304.  Exclusions from child abuse.

26(a)  Environmental factors.--No child shall be deemed to be
27physically or mentally abused based on injuries that result
28solely from environmental factors that are beyond the control of
29the parent or person responsible for the child's welfare, such
30as inadequate housing, furnishings, income, clothing and medical

1care.

2(b) Practice of religious beliefs.--If, upon investigation,
3the county agency determines that a child has not been provided
4needed medical or surgical care because of seriously held
5religious beliefs of the child's parents, guardian or person
6responsible for the child's welfare, which beliefs are
7consistent with those of a bona fide religion, the child shall
8not be deemed to be physically or mentally abused. The county
9agency shall closely monitor the child and shall seek court-
10ordered medical intervention when the lack of medical or
11surgical care threatens the child's life or long-term health. In
12cases involving religious circumstances, all correspondence with
13a subject of the report and the records of the Department of
14Public Welfare and the county agency shall not reference "child
15abuse" and shall acknowledge the religious basis for the child's
16condition, and the family shall be referred for general
17protective services, if appropriate.

18(c)  Use of force for disciplinary purposes.--Subject to
19subsection (d), the use of reasonable force under the
20circumstances against a child by a person responsible for a
21child's welfare shall not be considered child abuse if any of
22the following conditions apply:

23(1)  The use of reasonable force constitutes incidental,
24minor or reasonable physical contact with the child or other
25actions that are designed to maintain order and control.

26(2)  The use of reasonable force is necessary:

27(i)  to quell a disturbance or remove the child from
28the scene of a disturbance that threatens physical injury
29to persons or damage to property;

30(ii)  to prevent the child from self-inflicted

1physical harm;

2(iii)  for self-defense or the defense of another
3individual; or

4(iv)  to obtain possession of weapons or other
5dangerous objects or controlled substances or
6paraphernalia that are on the child or within the control
7of the child.

8(d)  Effect on rights of parents.--Notwithstanding subsection
9(c), this chapter does not restrict the generally recognized
10existing rights of parents to use reasonable supervision and
11control when raising their children, subject to the provisions
12of 18 Pa.C.S. § 509 (relating to use of force by persons with
13special responsibility for care, discipline or safety of
14others).

15(e)  Participation in events that involve physical contact
16with child.--An individual participating in a practice or
17competition in an interscholastic sport, physical education or
18an extracurricular activity that involves physical contact with
19a child does not, in itself, constitute contact that is subject
20to the reporting requirements of this chapter.

21(f)  Peer-on-peer contact.--No child shall be deemed to be
22physically or mentally abused based on injuries that result
23solely from a fight or scuffle mutually entered into by mutual
24consent.

25Section 6. Section 9718(a) of Title 42 is amended to read:

26§ 9718. Sentences for offenses against infant persons.

27(a) Mandatory sentence.--

28(1) A person convicted of the following offenses when
29the victim is under 16 years of age shall be sentenced to a
30mandatory term of imprisonment as follows:

118 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
2assault) - not less than two years.

318 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
4to rape) - not less than ten years.

518 Pa.C.S. § 3123 (relating to involuntary deviate sexual
6intercourse) - not less than ten years.

718 Pa.C.S. § 3125(a)(1) through (6) (relating to
8aggravated indecent assault) - not less than five years.

9(2) A person convicted of the following offenses when
10the victim is less than 13 years of age shall be sentenced to
11a mandatory term of imprisonment as follows:

1218 Pa.C.S. § 2702(a)(1) - not less than five years.

1318 Pa.C.S. § 2702(a)(9) - not less than five years.

14(2.1) A person convicted of the following offenses when
15the victim is less than six years of age:

1618 Pa.C.S. § 2702(a)(8) - not less than two years.

17(3) A person convicted of the following offenses shall
18be sentenced to a mandatory term of imprisonment as follows:

1918 Pa.C.S. § 3121(c) and (d) - not less than ten years.

2018 Pa.C.S. § 3125(a)(7) - not less than five years.

2118 Pa.C.S. § 3125(b) - not less than ten years.

22* * *

23Section 7. This act shall take effect in 60 days.