PRIOR PRINTER'S NO. 687
PRINTER'S NO. 1421
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BROWNE, LEACH, SCARNATI, PILEGGI, VANCE, BAKER, WAUGH, TOMLINSON, WARD, WASHINGTON, FONTANA, YUDICHAK, ERICKSON, RAFFERTY, SCHWANK, TARTAGLIONE, TEPLITZ, FOLMER, SOLOBAY, KASUNIC, FARNESE, BOSCOLA, HUGHES, COSTA, WILLIAMS AND STACK, MARCH 15, 2013
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, OCTOBER 1, 2013
1Amending Titles Title 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; <-and, 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
19§ 2701. Simple assault.
7(4) conceals or attempts to conceal a hypodermic needle
8on his person and intentionally or knowingly penetrates a law
9enforcement officer or an officer or an employee of a
10correctional institution, county jail or prison, detention
11facility or mental hospital during the course of an arrest or
12any search of the person.
15* * *
22§ 2702. Aggravated assault.
25* * *
26(6) attempts by physical menace to put any of the
27officers, agents, employees or other persons enumerated in
28subsection (c), while in the performance of duty, in fear of
29imminent serious bodily injury; [or]
30(7) uses tear or noxious gas as defined in section
12708(b) (relating to use of tear or noxious gas in labor
2disputes) or uses an electric or electronic incapacitation
3device against any officer, employee or other person
4enumerated in subsection (c) while acting in the scope of his
12(b) Grading.--Aggravated assault under subsection (a)(1)
13[and], (2) and (9) is a felony of the first degree. Aggravated
14assault under subsection (a)(3), (4), (5), (6) [and (7)], (7)
15and (8) is a felony of the second degree.
16* * *
20§ 4304. Endangering welfare of children.
21(a) Offense defined.--
22* * *
23(2) A person commits an offense if the person[, in an
24official capacity,] intentionally or knowingly prevents or
25interferes with the making of a report of suspected child
26abuse under 23 Pa.C.S. Ch. 63 (relating to child protective
28(2.1) A person commits an offense if the person:
7(2.2) A person commits an offense if the person
8intentionally or knowingly acts to prevent the discovery by
9law enforcement or a county agency of an abused or neglected
10child under 23 Pa.C.S. Ch. 63.
11* * *
12(b) Grading.--[An] Except for an offense under subsection
13(a)(2.2), an offense under this section constitutes a
14misdemeanor of the first degree. However, where there is a
15course of conduct of endangering the welfare of a child, the
16offense constitutes a felony of the third degree. An offense
17under subsection (a)(2.2) constitutes a felony of the third
19Section <-4 3. Title 18 is amended by adding sections to read:
20§ 4906.1. False reports of child abuse.
21Any person who intentionally makes a false report of
22suspected child abuse against a person, school<-, private
23residential rehabilitative institution, detention facility,
24school employee, private residential rehabilitative institution
25employee or detention facility <-employee, private residential
26rehabilitative institution employee, detention facility employee
27or child-care services employee commits a misdemeanor of the
29§ 4958. Intimidation or retaliation in child abuse cases.
30(a) Intimidation.--A person commits an offense if:
1(1) The person has knowledge or intends that the
2person's conduct under paragraph (2) will obstruct, impede,
3impair, prevent or interfere with the making of a child abuse
4report or the conducting of an investigation into suspected
5child abuse under 23 Pa.C.S. Ch. 63 (relating to child
6protective services) or prosecuting a child abuse case.
7(i) The actor employs force, violence or deception
8or threatens to employ force, violence or deception upon
9the reporter, witness or victim or, with reckless intent
10or knowledge, upon any other person.
19(v) The actor has suffered a prior conviction for a
20violation of this section or has been convicted under a
21Federal statute or statute of any other state of an act
22which would be a violation of this section if committed
23in this Commonwealth.
1following with respect to a child:
22(v) Interfering with the breathing of a child.
30(vii) Operating a vehicle in which the child is a
12(5) Causing serious physical neglect of a child.
15(7) Failing to act which:
18(ii) does any of the following:
<-29Section 5. 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
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, guardian or person
11responsible for the child's welfare, which beliefs are
12consistent with those of a bona fide religion, the child shall
13not be deemed to be physically or mentally abused. The county
14agency shall closely monitor the child and shall seek court-
15ordered medical intervention when the lack of medical or
16surgical care threatens the child's life or long-term health. In
17cases involving religious circumstances, all correspondence with
18a subject of the report and the records of the Department of
19Public Welfare and the county agency shall not reference "child
20abuse" and shall acknowledge the religious basis for the child's
21condition, and the family shall be referred for general
22protective services, if appropriate.
23(c) Use of force for disciplinary purposes.--Subject to
24subsection (d), the use of reasonable force under the
25circumstances against a child by a person responsible for a
26child's welfare shall not be considered child abuse if any of
27the following conditions apply:
1(2) The use of reasonable force is necessary:
13(d) Effect on rights of parents.--Notwithstanding subsection
14(c), this chapter does not restrict the generally recognized
15existing rights of parents to use reasonable supervision and
16control when raising their children, subject to the provisions
17of 18 Pa.C.S. § 509 (relating to use of force by persons with
18special responsibility for care, discipline or safety of
20(e) Participation in events that involve physical contact
21with child.--An individual participating in a practice or
22competition in an interscholastic sport, physical education or
23an extracurricular activity that involves physical contact with
24a child does not, in itself, constitute contact that is subject
25to the reporting requirements of this chapter.
30Section 6. Section 9718(a) of Title 42 is amended to read:
1§ 9718. Sentences for offenses against infant persons.
2(a) Mandatory sentence.--
1718 Pa.C.S. § 2702(a)(1) - not less than five years.
1818 Pa.C.S. § 2702(a)(9) - not less than five years.
2118 Pa.C.S. § 2702(a)(8) - not less than two years.
2418 Pa.C.S. § 3121(c) and (d) - not less than ten years.
2518 Pa.C.S. § 3125(a)(7) - not less than five years.
2618 Pa.C.S. § 3125(b) - not less than ten years.
27* * *
28Section 7. This act shall take effect in 60 days.