PRINTER'S NO. 3150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1970
Session of
2015
INTRODUCED BY DAVIS, THOMAS, SCHWEYER, SAMUELSON, COHEN,
O'BRIEN, MILLARD, FRANKEL, DAVIDSON, STURLA, PASHINSKI,
V. BROWN, MURT, ROEBUCK, KORTZ, DRISCOLL, SCHREIBER, D. COSTA
AND READSHAW, APRIL 11, 2016
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 11, 2016
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, providing for older student
protection; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 64
OLDER STUDENT PROTECTION
Sec.
6401. Definitions.
6402. Reporting process.
6403. Contents of report.
6404. Penalty for failure to report.
6405. Investigation.
§ 6401. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrator." The person responsible for the
administration of a public or private school, intermediate unit
or area vocational-technical school.
"Department." The Department of Human Services of the
Commonwealth.
"Law enforcement official." The term shall include:
(1) A police officer of a municipality.
(2) A district attorney.
(3) A member of the Pennsylvania State Police.
(4) A county sheriff.
(5) The Attorney General.
"School employee." An individual employed by a public or
private school, intermediate unit or area vocational-technical
school. The term includes an independent contractor and
employees. The term does not include an individual who has no
direct contact with students.
"Serious bodily injury." An injury that:
(1) creates a substantial risk of death; or
(2) causes serious permanent disfigurement or protracted
loss or impairment of the function of a body member or organ.
"Serious injury." An injury that:
(1) causes a person severe pain; or
(2) significantly impairs a person's physical or mental
functioning, either temporarily or permanently.
"Sexual abuse." Intentionally, knowingly or recklessly
causing or attempting to cause rape, involuntary deviate sexual
intercourse, sexual assault, statutory sexual assault,
aggravated indecent assault or incest, as defined by 18 Pa.C.S.
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(relating to crimes and offenses).
"Student." An individual enrolled in a public or private
school, intermediate unit or area vocational-technical school
who meets all of the following:
(1) Is 18 years of age or older.
(2) Suffers from serious mental or learning
disabilities.
(3) Has been placed in an individualized education
program.
§ 6402. Reporting process.
(a) Requirements.--
(1) Except as provided under paragraph (3), a school
employee who has reasonable cause to suspect, on the basis of
professional or other training and experience, that a student
is a victim of sexual abuse, serious injury or serious bodily
injury shall immediately notify the administrator of the
school.
(2) The administrator of a school shall immediately
report suspected sexual abuse, serious injury or serious
bodily injury to law enforcement officials as follows:
(i) Upon receiving notification by a school employee
of suspected sexual abuse, serious injury or serious
bodily injury under paragraph (1).
(ii) If the administrator has cause to suspect
sexual abuse, serious injury or serious bodily injury of
a student.
(3) If the individual suspected of abusing or injuring
the student is the administrator of the school, the school
employee shall immediately report the suspected sexual abuse,
serious injury or serious bodily injury to law enforcement
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officials.
(4) A school employee may not reveal the existence or
content of a report under this subsection to any other
person.
(b) Immunity.--A school employee or administrator who makes
a report under subsection (a) shall be immune from civil and
criminal liability arising out of the report.
§ 6403. Contents of report.
The report shall include, at a minimum, the following
information:
(1) Name, age and address of the student.
(2) Name and address of the student's guardian,
attorney-in-fact or next of kin.
(3) Name and address of the school.
(4) Nature of the alleged offense.
(5) Specific comments or observations that are directly
related to the alleged incident and those involved.
§ 6404. Penalty for failure to report.
A school employee or administrator who willfully violates
section 6402 (relating to reporting process) commits a
misdemeanor of the third degree.
§ 6405. Investigation.
(a) General rule.--Upon receipt of the report under section
6402 (relating to reporting process), an investigation shall be
conducted by law enforcement officials in cooperation with the
district attorney, and a determination must be made as to what
criminal charges, if any, will be filed in connection with the
report.
(b) Notification.--If law enforcement officials have
reasonable cause to suspect on the basis of initial review that
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there is evidence of serious bodily injury, sexual abuse or
serious injury committed by an individual against a student,
local law enforcement officials shall notify a local contracted
provider of adult protective services under the act of October
7, 2010 (P.L.484, No.70), known as the Adult Protective Services
Act, and the department to determine if protective services are
needed for the student.
Section 2. The addition of 23 Pa.C.S. Ch. 64 shall apply to
reports made on or after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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