AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for endangering
3welfare of children.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 4304 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 4304. Endangering welfare of children.

9(a) Offense defined.--

10(1) A parent, guardian or other person supervising the
11welfare of a child under 18 years of age, or a person that
12employs or supervises such a person, commits an offense if he
13knowingly endangers the welfare of the child by violating a
14duty of care, protection or support.

15(2) A person commits an offense if the person, in an
16official capacity, prevents or interferes with the making of
17a report of suspected child abuse under 23 Pa.C.S. Ch. 63
18(relating to child protective services).

1(3) As used in this subsection, the term "person 
2supervising the welfare of a child" means a person other than
3a parent or guardian that provides care, education, training
4or control of a child.

5(b) Grading.--[An]

6(1) Except as provided in paragraphs (2) and (3), an 
7offense under this section constitutes a misdemeanor of the 
8first degree. [However, where]

9(2) Where there is a course of conduct of endangering 
10the welfare of a child, the offense constitutes a felony of 
11the third degree.

12(3) Where the conduct that results in a violation of
13this section also results in a conviction of an offense under
1475 Pa.C.S. § 3802 (relating to driving under the influence of
15alcohol or a controlled substance) to which 75 Pa.C.S. §
163803(b)(5) (relating to grading) applies, the offense
17constitutes a felony of the third degree.

18(c) Sentencing.--The Pennsylvania Commission on Sentencing,
19pursuant to 42 Pa.C.S. § 2154 (relating to adoption of
20guidelines for sentencing), shall provide for a sentencing
21enhancement for an offense under this section that is graded
22under subsection (b)(3) when the child has suffered serious
23bodily injury or bodily injury as a result of the violation.

24Section. 2 This act shall take effect in 60 days.