PRINTER'S NO. 1388
No. 1026 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, RAFFERTY, LEMMOND, BOSCOLA, BROWNE, FONTANA, C. WILLIAMS, REGOLA, STACK AND PILEGGI, NOVEMBER 22, 2005
REFERRED TO JUDICIARY, NOVEMBER 22, 2005
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for offense of failure to 3 report serious violent or sexual crimes against children. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 18 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 5106.1. Failure to report serious violent or sexual crimes 9 against children. 10 (a) Offense defined.--A person enumerated in subsection (c) 11 commits an offense if the person willfully fails to report 12 within 72 hours by telephone or in writing to a criminal law 13 enforcement authority when the person knows or has reasonable 14 cause to suspect that a serious violent or sexual crime against 15 children as defined in subsection (d) has been committed against 16 a child under the care, supervision, guidance or training of the 17 person or an agency, institution, organization or other entity 18 with which the person is affiliated, whether the suspected crime
1 occurred within this Commonwealth or not. 2 (b) Privileges.--The privilege for communications between 3 any professional person required to report and the patient or 4 client of that person shall not apply to situations involving 5 serious violent or sexual crimes against children unless: 6 (1) the confidential communication is made by the 7 perpetrator of a serious violent or sexual crime against 8 children to an ordained member of the clergy which is 9 protected by 42 Pa.C.S. § 5943 (relating to confidential 10 communications to clergymen); or 11 (2) the confidential communication is made by the victim 12 of a serious violent or sexual crime against children to a 13 sexual assault counselor, as defined by 42 Pa.C.S. § 5945.1 14 (relating to confidential communications with sexual assault 15 counselors). 16 (c) Mandatory reporters.-- 17 (1) Persons engaged in professions with a significantly 18 greater likelihood of discovering serious violent or sexual 19 crimes against children due to medical, professional or other 20 training or experience are mandatory reporters under this 21 section. Such mandatory reporters include, but are not 22 limited to, any licensed physician, osteopath, medical 23 examiner, coroner, funeral director, dentist, optometrist, 24 chiropractor, podiatrist, intern, registered nurse, licensed 25 practical nurse, hospital personnel engaged in the admission, 26 examination care or treatment of persons, Christian Science 27 practitioner, member of the clergy, school administrator, 28 school teacher, school counselor, school nurse, social 29 service worker, day-care center worker, or any other child- 30 care or foster-care worker, mental health professional, peace 20050S1026B1388 - 2 -
1 officer or law enforcement official. 2 (2) Persons who voluntarily provide care, supervision, 3 guidance or training to children through athletic, 4 recreational or social organizations are also mandatory 5 reporters under this section. 6 (d) Serious violent or sexual crimes against children.--For 7 purposes of this section, the phrase "crime against children" 8 means an offense committed against a minor under 18 years of age 9 that causes or attempts to cause serious bodily injury or is 10 defined by one of the following provisions of this title: 11 Section 1102(c) (relating to attempt, solicitation and 12 conspiracy to commit murder or murder of an unborn child). 13 Section 2502 (relating to murder). 14 Section 2503 (relating to voluntary manslaughter). 15 Section 2702(a)(4) (relating to aggravated assault). 16 Section 2901 (relating to kidnapping). 17 Section 3121 (relating to rape). 18 Section 3122.1 (relating to statutory sexual assault). 19 Section 3123 (relating to involuntary deviate sexual 20 intercourse). 21 Section 3124.1 (relating to sexual assault). 22 Section 3125 (relating to aggravated indecent assault). 23 Section 3126 (relating to indecent assault) where there 24 appears to be a course of conduct of indecent assault by the 25 perpetrator. 26 Section 4304 (relating to endangering welfare of 27 children) where the offense constitutes sexual abuse or 28 exploitation as set forth in 23 Pa.C.S. § 6303 (relating to 29 definitions) and there appears to be a course of conduct of 30 endangering welfare of children by the person. 20050S1026B1388 - 3 -
1 Section 6301 (relating to corruption of minors) where the 2 offense constitutes sexual abuse or exploitation as set forth 3 in 23 Pa.C.S. § 6303 and there has been a course of conduct 4 of corruption of minors by the person. 5 Section 6320 (relating to sexual exploitation of 6 children). 7 (e) Grading.-- 8 (1) A violation of this section by a professional 9 mandated reporter as defined in subsection (c)(1) constitutes 10 a misdemeanor of the second degree. 11 (2) A violation of this section by a volunteer mandated 12 reporter as defined in subsection (c)(2) constitutes a 13 summary offense. 14 (f) Retaliatory action prohibited.--No employee may 15 discharge, threaten or otherwise discriminate or retaliate 16 against an employee regarding the employer's compensation, 17 terms, conditions, location, duties or privileges of employment 18 because the employee has reported, reports or is about to report 19 suspected crimes against children. 20 (g) Reciprocity between law enforcement and county services 21 agencies.--If the alleged perpetrator of a crime enumerated in 22 subsection (d) is the parent of a child or resides with the 23 child, the criminal law enforcement authority shall immediately 24 notify the county agency responsible for investigating child 25 abuse as defined by 23 Pa.C.S. § 6303. Pursuant to 23 Pa.C.S. § 26 6368(d) (relating to investigation of reports), reports received 27 by a county agency that cannot be investigated in accordance 28 with 23 Pa.C.S. Ch. 63 (relating to child protective services) 29 shall immediately be forwarded to the appropriate criminal law 30 enforcement authority. 20050S1026B1388 - 4 -
1 (h) Immunity from liability.--A person enumerated in 2 subsection (c) who files a report with the Department of Public 3 Welfare in accordance with 23 Pa.C.S. § 6313 (relating to 4 reporting procedure) shall have immunity from criminal liability 5 that might otherwise result from a violation of this section. 6 (i) Child Protective Services Law.--The provisions of this 7 section shall not be deemed to supersede or otherwise revoke any 8 provisions of 23 Pa.C.S. Ch. 63. 9 (j) Establishment of a toll-free telephone number for 10 reporting.--The Pennsylvania State Police shall establish a 11 Statewide toll-free telephone number that all persons, whether 12 mandated by this section or not, may use to report suspected 13 crimes against children, regardless of the jurisdiction in which 14 the suspected crime occurred. 15 (k) Regulations.--The Pennsylvania State Police shall adopt 16 and promulgate regulations necessary to implement this section 17 and shall make an annual recommendation to the General Assembly 18 for appropriations to achieve such implementation. 19 (l) Definitions.--As used in this section, the following 20 words and phrases shall have the meanings given to them in this 21 subsection: 22 "Criminal law enforcement authority." Any State or local 23 government agency or organization having jurisdiction over 24 criminal law enforcement; or an officer, agent or supervisory 25 employee of that agency or organization. 26 "Employee." A person who performs a service for wages or 27 other remuneration under a contract of hire, written or oral, 28 express or implied, for an employer. 29 "Employer." An agency or organization whose employees are 30 enumerated in subsection (c) as mandatory reporters. The term 20050S1026B1388 - 5 -
1 includes, but is not limited to, child-care facilities, school 2 districts and religious organizations. 3 Section 2. The provisions of 18 Pa.C.S. § 5106.1 shall apply 4 to any mandatory reporter who on or after the effective date of 5 this act initially knows or has reasonable cause to suspect that 6 a serious violent or sexual crime against a child has been 7 committed. 8 Section 3. This act shall take effect in 60 days. K17L18JS/20050S1026B1388 - 6 -