AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, further providing for penalties for
3failure to report or to refer.

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

6Section 1. Section 6319 of Title 23 of the Pennsylvania
7Consolidated Statutes is repealed:

8[§ 6319. Penalties for failure to report or to refer.

9A person or official required by this chapter to report a
10case of suspected child abuse or to make a referral to the
11appropriate authorities who willfully fails to do so commits a
12misdemeanor of the third degree for the first violation and a
13misdemeanor of the second degree for a second or subsequent
14violation.]

15Section 2. Title 23 is amended by adding a section to read:

16§ 6379. Penalties for failure to report or to refer.

1(a) Failure to report or to refer.--A person or official
2required under this chapter to report a case of suspected child
3abuse or to make a referral to the appropriate authorities who
4willfully fails to do so commits a misdemeanor of the second
5degree.

6(b) Interference with making report or referral.--A person
7who intentionally or knowingly prevents or interferes with the
8making of a report or referral of suspected child abuse commits
9a misdemeanor of the first degree.

10(c) Concealment of abuse to protect another.--A person who
11intentionally or knowingly acts to prevent the discovery under
12this chapter of child abuse in order to protect or insulate any
13person or entity from prosecution or liability commits a felony
14of the third degree.

15(d) Continuing course of action.--If a person's willful
16failure under subsection (a) continues while the person knows or
17has reasonable cause to believe the child is actively being
18abused, the person commits a felony of the third degree.

19(e) Multiple offenses.--A person who commits a second or
20subsequent offense under subsection (a), (b), (c) or (d) commits
21a felony of the second degree.

22Section 2. This act shall take effect immediately.