PRINTER'S NO. 885
No. 796 Session of 2001
INTRODUCED BY E. Z. TAYLOR, HENNESSEY, SATHER, WATSON, CLARK,
BASTIAN, BEBKO-JONES, CIVERA, L. I. COHEN, CRUZ, CURRY,
DALEY, GEORGE, HALUSKA, HARHART, HERSHEY, HORSEY, LAUGHLIN,
LEDERER, MICOZZIE, MUNDY, MYERS, PETRARCA, PRESTON, READSHAW,
RUBLEY, SANTONI, STABACK, THOMAS, TRELLO, WANSACZ,
WASHINGTON, C. WILLIAMS, WILT AND YOUNGBLOOD,
FEBRUARY 20, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 20, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for reporting
3 criminal injuries.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5106(a) and (b) of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding a subsection to read:
9 § 5106. Failure to report injuries by firearm or criminal act.
10 (a) Offense defined.--[A] Except as set forth in subsection
11 (a.1), a physician, intern or resident, or any person
12 conducting, managing or in charge of any hospital or pharmacy,
13 or in charge of any ward or part of a hospital, to whom shall
14 come or be brought any person:
15 (1) suffering from any wound or other injury inflicted
16 by his own act or by the act of another, which caused death
1 or serious bodily injury, or inflicted by means of a deadly
2 weapon as defined in section 2301 [of this title] (relating
3 to definitions); or
4 (2) upon whom injuries have been inflicted in violation
5 of any penal law of this Commonwealth;
6 commits a summary offense if he fails to report such injuries
7 immediately, both by telephone and in writing, to the chief of
8 police or other head of the police department of the local
9 government, or to the Pennsylvania State Police. The report
10 shall state the name of the injured person, if known, his
11 whereabouts and the character and extent of his injuries.
12 (a.1) Exception.--The duty to report under subsection (a)(2)
13 shall not apply if all of the following apply:
14 (1) The victim is a competent adult.
15 (2) The injury was inflicted by an individual who:
16 (i) is the current or former spouse of the victim;
17 (ii) is a current or former sexual or intimate
18 partner of the victim;
19 (iii) shares biological parenthood with the victim;
20 or
21 (iv) is or has been living as a spouse of the
22 victim.
23 (3) The victim has been informed:
24 (i) of the duty to report under subsection (a)(2);
25 and
26 (ii) that the report under subsection (a)(2) cannot
27 be made without the victim's consent.
28 (4) The victim does not consent to the report under
29 subsection (a)(2).
30 (b) Immunity granted.--No physician or other person shall be
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1 subject to civil or criminal liability by reason of [making a
2 report required by] complying with this section.
3 * * *
4 Section 2. This act shall take effect in 60 days.
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