PRIOR PRINTER'S NOS. 885, 4366 PRINTER'S NO. 4508
No. 796 Session of 2001
INTRODUCED BY E. Z. TAYLOR, HENNESSEY, SATHER, WATSON, CLARK,
BASTIAN, BEBKO-JONES, CIVERA, CRUZ, CURRY, DALEY, GEORGE,
HALUSKA, HARHART, HERSHEY, HORSEY, LAUGHLIN, LEDERER,
MICOZZIE, MUNDY, MYERS, PETRARCA, PRESTON, READSHAW, RUBLEY,
SANTONI, STABACK, THOMAS, TRELLO, WANSACZ, WASHINGTON, WILT,
YOUNGBLOOD, COLAFELLA AND BROWNE, FEBRUARY 20, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 22, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for reporting
3 criminal injuries AND FOR GENERAL REGULATIONS RELATING TO <--
4 CRIMINAL HISTORY RECORD INFORMATION.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5106 of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 SECTION 1. SECTIONS 5106 AND 9121(B) OF TITLE 18 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
11 § 5106. Failure to report injuries by firearm or criminal act.
12 (a) Offense defined.--[A] Except as set forth in subsection
13 (a.1), a physician, intern or resident, or any person
14 conducting, managing or in charge of any hospital or pharmacy,
15 or in charge of any ward or part of a hospital, to whom shall
16 come or be brought any person:
1 (1) suffering from any wound or other injury inflicted
2 by his own act or by the act of another, which caused death
3 or serious bodily injury, or inflicted by means of a deadly
4 weapon as defined in section 2301 [of this title] (relating
5 to definitions); or
6 (2) upon whom injuries have been inflicted in violation
7 of any penal law of this Commonwealth;
8 commits a summary offense if [he] the reporting party fails to
9 report such injuries immediately, both by telephone and in
10 writing, to the chief of police or other head of the police
11 department of the local government, or to the Pennsylvania State
12 Police. The report shall state the name of the injured person,
13 if known, [his] the injured person's whereabouts and the
14 character and extent of [his] the person's injuries.
15 (a.1) Exception.--In cases of bodily injury as defined in
16 section 2301 (relating to definitions), failure to report under
17 subsection (a)(2) does not constitute an offense if all of the
18 following apply:
19 (1) The victim is an adult and has suffered bodily
20 injury.
21 (2) The injury was inflicted by an individual who:
22 (i) is the current or former spouse of the victim;
23 (ii) is a current or former sexual or intimate
24 partner of the victim;
25 (iii) shares biological parenthood with the victim;
26 or
27 (iv) is or has been living as a spouse of the
28 victim.
29 (3) The victim has been informed:
30 (i) of the duty to report under subsection (a)(2);
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1 and
2 (ii) that the report under subsection (a)(2) cannot
3 be made without the victim's consent.
4 (4) The victim does not consent to the report under
5 subsection (a)(2).
6 (5) The victim has been provided with a referral to the
7 appropriate victim service agency such as a domestic violence
8 or sexual assault program.
9 (b) Immunity granted.--No physician or other person shall be
10 subject to civil or criminal liability by reason of [making a
11 report required by] complying with this section.
12 (c) Physician-patient privilege unavailable.--In any
13 judicial proceeding resulting from a report pursuant to this
14 section, the physician-patient privilege shall not apply in
15 respect to evidence regarding such injuries or the cause
16 thereof. This subsection shall not apply where a report is not
17 made pursuant to subsection (a.1).
18 (d) Reporting of crime encouraged.--Nothing in this chapter
19 precludes a victim from reporting the crime that resulted in
20 injury.
21 (e) Availability of information.--A physician or other
22 individual may make available information concerning domestic
23 violence or sexual assault to any individual subject to the
24 provisions of this chapter.
25 § 9121. GENERAL REGULATIONS. <--
26 * * *
27 (B) DISSEMINATION TO NONCRIMINAL JUSTICE AGENCIES AND
28 INDIVIDUALS.--CRIMINAL HISTORY RECORD INFORMATION SHALL BE
29 DISSEMINATED BY A STATE OR LOCAL POLICE DEPARTMENT TO ANY
30 INDIVIDUAL OR NONCRIMINAL JUSTICE AGENCY ONLY UPON REQUEST.
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1 EXCEPT AS PROVIDED IN SUBSECTION (B.1):
2 (1) A FEE MAY BE CHARGED BY A STATE OR LOCAL POLICE
3 DEPARTMENT FOR EACH REQUEST FOR CRIMINAL HISTORY RECORD
4 INFORMATION BY AN INDIVIDUAL OR NONCRIMINAL JUSTICE AGENCY,
5 EXCEPT THAT NO FEE SHALL BE CHARGED TO [AN INDIVIDUAL WHO
6 MAKES THE REQUEST IN ORDER TO APPLY TO BECOME A VOLUNTEER
7 WITH AN AFFILIATE OF BIG BROTHERS OF AMERICA OR BIG SISTERS
8 OF AMERICA.] ANY OF THE FOLLOWING:
9 (I) AN INDIVIDUAL WHO MAKES THE REQUEST TO VOLUNTEER
10 WITH:
11 (A) AN AFFILIATE OF BIG BROTHERS OF AMERICA OR
12 BIG SISTERS OF AMERICA.
13 (B) A VOLUNTEER FIRE DEPARTMENT OR AMBULANCE
14 SERVICE.
15 (II) A REPRESENTATIVE OF A NONPROFIT ORGANIZATION
16 THAT PROVIDES DAY CARE SERVICES ON BEHALF OF A VOLUNTEER
17 APPLICANT.
18 (2) BEFORE A STATE OR LOCAL POLICE DEPARTMENT
19 DISSEMINATES CRIMINAL HISTORY RECORD INFORMATION TO AN
20 INDIVIDUAL OR NONCRIMINAL JUSTICE AGENCY, IT SHALL EXTRACT
21 FROM THE RECORD ALL NOTATIONS OF ARRESTS, INDICTMENTS OR
22 OTHER INFORMATION RELATING TO THE INITIATION OF CRIMINAL
23 PROCEEDINGS WHERE:
24 (I) THREE YEARS HAVE ELAPSED FROM THE DATE OF
25 ARREST;
26 (II) NO CONVICTION HAS OCCURRED; AND
27 (III) NO PROCEEDINGS ARE PENDING SEEKING A
28 CONVICTION.
29 * * *
30 Section 2. This act shall take effect in 60 days.
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