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A01197
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
488
Session of
2021
INTRODUCED BY BOBACK, MILLARD, STAATS, RYAN, METCALFE, HOWARD,
HELM, CONKLIN, TOOHIL, SCHLEGEL CULVER, NEILSON, JAMES,
GAYDOS, CIRESI AND GILLEN, FEBRUARY 9, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against the family,
further providing for the offense of endangering welfare of
children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4304 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 4304. Endangering welfare of children.
(a) Offense defined.--
(1) A parent[, guardian] or other person supervising the
welfare of a child under 18 years of age, or a person that
employs or supervises [such a] the person, commits an offense
if [he] the parent , guardian or other person knowingly
endangers the welfare of the child by violating a duty of
care, protection or support.
(2) A person commits an offense if the person, in an
official capacity, prevents or interferes with the making of
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a report of suspected child abuse under 23 Pa.C.S. Ch. 63
(relating to child protective services).
[(3) As used in this subsection, the term "person
supervising the welfare of a child" means a person other than
a parent or guardian that provides care, education, training
or control of a child.]
(4) A parent , guardian or other person supervising the
welfare of a child under 18 years of age commits an offense
if the parent, guardian or other person, with reckless
disregard for the risk of harm to the child or for the
health, safety or welfare of the child, fails to report the
disappearance of the child to a law enforcement agency.
(b) Grading.--
(1) Except as provided under paragraph (2), the
following apply:
(i) An offense under this section constitutes a
misdemeanor of the first degree.
(ii) If the actor engaged in a course of conduct of
endangering the welfare of a child, the offense
constitutes a felony of the third degree.
(iii) If, in the commission of the offense under
subsection (a)(1) or (4), the actor created a substantial
risk of death or serious bodily injury, the offense
constitutes a felony of the third degree.
(iv) If the actor's conduct under subsection (a)(1)
or (4) created a substantial risk of death or serious
bodily injury and was part of a course of conduct, the
offense constitutes a felony of the second degree.
(2) The grading of an offense under this section shall
be increased one grade if, at the time of the commission of
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the offense, the child was under six years of age.
(c) Counseling.--A court shall consider ordering an
individual convicted of an offense under this section to undergo
counseling.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Disappearance." An instance in which a parent , guardian or
other person supervising the welfare of a child under 18 years
of age does not know the whereabouts of the child for more than
24 hours.
"Parent." A natural parent, stepparent, adoptive parent or
guardian of a child.
"Person supervising the welfare of a child." A person other
than a parent or guardian that provides care, education,
training or control of a child.
Section 2. This act shall take effect in 60 days.
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