THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DAVIS, O'NEILL, K. BOYLE, BRIGGS, CALTAGIRONE, CARROLL, P. COSTA, DAVIDSON, DEASY, DELISSIO, DiGIROLAMO, DONATUCCI, FRANKEL, FREEMAN, GEORGE, GERGELY, GIBBONS, HARKINS, JOSEPHS, KAMPF, W. KELLER, KOTIK, MAHONEY, MANN, McGEEHAN, MICCARELLI, MIRABITO, MULLERY, MURPHY, NEUMAN, M. O'BRIEN, PASHINSKI, PETRI, QUINN, RAVENSTAHL, SABATINA, SAMUELSON, K. SMITH, M. SMITH, TRUITT, WATERS, WHEATLEY, SONNEY AND FABRIZIO, MAY 9, 2012

REFERRED TO COMMITTEE ON JUDICIARY, MAY 9, 2012  

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

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 Public Welfare of the

Commonwealth.

"Law enforcement official."  The term shall include:

(1)  A police officer of a municipality.

(2)  A district attorney.

(3)  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 shall 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.

(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

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)  Any 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

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.