PRIOR PRINTER'S NO. 1577
PRINTER'S NO. 1710
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1092
Session of
2018
INTRODUCED BY MENSCH, ARGALL, COSTA, SCHWANK, RAFFERTY, KILLION,
YUDICHAK, BREWSTER, BARTOLOTTA AND REGAN, MARCH 23, 2018
AS AMENDED ON SECOND CONSIDERATION, APRIL 24, 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.
AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN SENTENCING, PROVIDING
FOR SENTENCING FOR OFFENSES INVOLVING DOMESTIC VIOLENCE IN
THE PRESENCE OF A MINOR.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4304(a) of Title 18 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection 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
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official capacity, prevents or interferes with the making of
a report of suspected child abuse under 23 Pa.C.S. Ch. 63
(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 if he commits a personal
injury crime knowing that the personal injury crime was
witnessed, either through sight or sound, by another person
who is less than 18 years of age and a member of his or the
other person's family.
* * *
(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." The term shall have the same meaning given to it
under 204 Pa. Code § 401.1 (relating to definition of terms).
"Person supervising the welfare of a child." A person other
than a parent or guardian that provides care, education,
training or control of a child.
"Personal injury crime." The term shall have the same
meaning given to it under section 103 of the act of November 24,
1998 (P.L.882, No.111), known as the Crime Victims Act.
SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A SECTION TO READ:
§ 9720.8. S ENTENCING FOR OFFENSES INVOLVING DOMESTIC VIOLENCE
IN THE PRESENCE OF A MINOR.
(A) SENTENCING ENHANCEMENT.--THE PENNSYLVANIA COMMISSION ON
SENTENCING, IN ACCORDANCE WITH SECTION 2154 (RELATING TO
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ADOPTION OF GUIDELINES FOR SENTENCING), SHALL PROVIDE FOR A
SENTENCE ENHANCEMENT WITHIN ITS GUIDELINES FOR AN OFFENSE UNDER
18 PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT) OR 2702 (RELATING
TO AGGRAVATED ASSAULT), SPECIFYING VARIATIONS FROM THE RANGE OF
SENTENCES APPLICABLE BASED ON SUCH AGGRAVATING CIRCUMSTANCES AS
THE ASSAULT WAS COMMITTED AGAINST A FAMILY OR HOUSEHOLD MEMBER
AND THE DEFENDANT KNEW THE CRIME WAS WITNESSED, EITHER THROUGH
SIGHT OR SOUND, BY A MINOR WHO IS ALSO A FAMILY OR HOUSEHOLD
MEMBER OF THE DEFENDANT OR THE VICTIM.
(B) 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." THE TERM SHALL HAVE THE SAME
MEANING AS "FAMILY OR HOUSEHOLD MEMBERS" UNDER 23 PA.C.S. § 6102
(RELATING TO DEFINITIONS).
Section 2. This act shall take effect in 60 days.
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