S0030B1587A04903 KMK:AMY 12/09/13 #90 A04903

 

 

 

 

AMENDMENTS TO SENATE BILL NO. 30

Sponsor: REPRESENTATIVE WATSON

Printer's No. 1587

 

1Amend Bill, page 1, line 3, by striking out the semicolon
2after "definitions"

3Amend Bill, page 1, line 11, by striking out "and further 
4providing" and inserting

5, for immunity from liability, for establishment of
6pending complaint file, for Statewide central register and
7file of unfounded reports and

8Amend Bill, page 1, line 12, by inserting after "information"

9; and making editorial changes

10Amend Bill, page 18, by inserting between lines 16 and 17

11Section 2.  Section 6318 of Title 23 is amended to read:

12§ 6318. Immunity from liability.

13[(a) General rule.--A person, hospital, institution, school,
14facility, agency or agency employee that participates in good
15faith in the making of a report, whether required or not,
16cooperating with an investigation, including providing
17information to a child fatality or near fatality review team,
18testifying in a proceeding arising out of an instance of
19suspected child abuse, the taking of photographs or the removal
20or keeping of a child pursuant to section 6315 (relating to
21taking child into protective custody), and any official or
22employee of a county agency who refers a report of suspected
23abuse to law enforcement authorities or provides services under
24this chapter, shall have immunity from civil and criminal
25liability that might otherwise result by reason of those
26actions.

27(b) Presumption of good faith.--For the purpose of any civil
28or criminal proceeding, the good faith of a person required to
29report pursuant to section 6311 (relating to persons required to
30report suspected child abuse) and of any person required to make
31a referral to law enforcement officers under this chapter shall
32be presumed.]

33(a)  General rule.--A person, hospital, institution, school,

1facility, agency or agency employee acting in good faith shall
2have immunity from civil and criminal liability that might
3otherwise result from any of the following:

4(1)  Making a report of suspected child abuse or making a
5referral for general protective services, regardless of
6whether the report is required to be made under this chapter.

7(2)  Cooperating or consulting with an investigation
8under this chapter, including providing information to a
9child fatality or near-fatality review team.

10(3)  Testifying in a proceeding arising out of an
11instance of suspected child abuse or general protective
12services.

13(4)  Engaging in any action authorized under section 6314
14(relating to photographs, medical tests and X-rays of child
15subject to report), 6315 (relating to taking child into
16protective custody), 6316 (relating to admission to private
17and public hospitals) or 6317 (relating to mandatory
18reporting and postmortem investigation of deaths).

19(b)  Departmental and county agency immunity.--An official or
20employee of the department or county agency who refers a report
21of suspected child abuse for general protective services to law
22enforcement authorities or provides services as authorized by
23this chapter shall have immunity from civil and criminal
24liability that might otherwise result from the action.

25(c)  Presumption of good faith.--For the purpose of any civil
26or criminal proceeding, the good faith of a person required to
27report pursuant to section 6311 (relating to persons required to
28report suspected child abuse) and of any person required to make
29a referral to law enforcement officers under this chapter shall
30be presumed.

31Section 3.  Section 6331 heading and introductory paragraph
32of Title 23 are amended and the section is amended by adding a
33paragraph to read:

34§ 6331. Establishment of [pending complaint file,] Statewide
35[central register and file of unfounded reports]
36database.

37There shall be established in the department a Statewide 
38database of protective services, which shall include the 
39following, as provided by section 6336 (relating to information 
40in Statewide central register):

41* * *

42(4) False reports of child abuse pursuant to a
43conviction under 18 Pa.C.S. § 4906.1 (relating to false
44reports of child abuse) and invalid general protective
45services reports that a county agency or the department have
46determined to be false, for the purpose of identifying and
47tracking patterns of intentionally false reports.

48Amend Bill, page 18, line 17, by striking out "2" and
49inserting

1 4

2Amend Bill, page 18, lines 17 and 18, by striking out
3"6341(c) of Title 23 is amended and the section" and inserting

4 6341

5Amend Bill, page 18, by inserting between lines 18 and 19

6§ 6341. Amendment or expunction of information.

7* * *

8(c.1) (Reserved).

9Amend Bill, page 18, line 19, by striking out "(b.2)" and
10inserting

11 (c.2)

12Amend Bill, page 18, line 20, by striking out "(a)(3)" and
13inserting

14 (a)(2) or (c)

15Amend Bill, page 18, lines 21 and 22, by striking out "on the 
16appeal of a person named as a perpetrator authorized under 
17subsection (a)(3)"

18Amend Bill, page 18, line 24, by striking out "10" and
19inserting

20 ten

21Amend Bill, page 19, line 13, by striking out "10" and
22inserting

23 ten

24Amend Bill, page 19, line 18, by striking out "(b.3)" and
25inserting

26 (c.3)

27Amend Bill, page 19, line 19, by striking out "(b.2)" and
28inserting

29 (c.2)

30Amend Bill, page 19, line 27, by striking out "(b.4)" and
31inserting

1 (c.4)

2Amend Bill, page 19, by inserting after line 30

3* * *

4Amend Bill, page 20, lines 1 through 16, by striking out all
5of said lines and inserting

6 (g) Reconsideration and

7Amend Bill, page 20, line 18, by striking out "(b.2)" and
8inserting

9 (c.2)

10Amend Bill, page 20, line 26, by striking out all of said
11line and inserting

12Section 5. Sections 6353.2(a) introductory paragraph and
136353.3 introductory paragraph of Title 23 are amended to read:

14§ 6353.2. Responsibilities of county agency.

15(a) Information for the pending complaint file.--Immediately
16after receiving a report under section 6353.1 (relating to
17investigation), the county agency shall notify the department of
18the receipt of the report, which is to be filed in the pending
19complaint file as provided in section 6331(1) (relating to
20establishment of [pending complaint file,] Statewide [central
21register and file of unfounded reports] database). The oral
22report shall include the following information:

23* * *

24§ 6353.3. Information in Statewide central register.

25The Statewide central register established under section 6331
26(relating to establishment of [pending complaint file,]
27Statewide [central register and file of unfounded reports]
28database) shall retain only the following information relating
29to reports of abuse or injury of a student by a school employee
30which have been determined to be a founded report for school
31employee or an indicated report for school employee:

32* * *

33Amend Bill, page 20, line 27, by striking out "3" and
34inserting

35 6

36Amend Bill, page 20, line 27, by striking out "§§ 6303(a) 
37and" and inserting

38 §

39Amend Bill, page 20, line 30, by striking out "4" and

1inserting

2 7

3Amend Bill, page 20, line 30, by striking out "July 1, 2014."
4and inserting

5 as follows:

6(1) The amendment of 23 Pa.C.S. § 6303(a) shall take
7effect December 31, 2014.

8(2) The remainder of this act shall take effect July 1,
92014.

 

See A04903 in
the context
of SB0030