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                                                      PRINTER'S NO. 1388

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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.
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     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.
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     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
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     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.















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