Pennsylvania SB 1050: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for exclusions from child abuse and for persons required to report suspected child abuse.

Bill Text

PRIOR PRINTER'S NO. 1224 PRINTER'S NO. 1284
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1050
Session of
2025
INTRODUCED BY PENNYCUICK, MARTIN, BAKER, BROWN, CULVER,
BARTOLOTTA, STEFANO, LANGERHOLC, PHILLIPS-HILL, ARGALL,
FARRY, VOGEL, COSTA, ROTHMAN, LAUGHLIN, SCHWANK, J. WARD,
SANTARSIERO, ROBINSON AND MALONE, OCTOBER 8, 2025
SENATOR BAKER, JUDICIARY, AS AMENDED, OCTOBER 28, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for EXCLUSIONS FROM CHILD ABUSE AND FOR persons
required to report suspected child abuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6311 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
SECTION 1. SECTION 6304(F)(2)(I) OF TITLE 23 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 6304. EXCLUSIONS FROM CHILD ABUSE.
* * *
(F) CHILD-ON-CHILD CONTACT.--
* * *
(2) NOTWITHSTANDING PARAGRAPH (1), THE FOLLOWING SHALL
APPLY:
(I) ACTS CONSTITUTING ANY OF THE FOLLOWING CRIMES
AGAINST A CHILD SHALL BE SUBJECT TO THE REPORTING
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REQUIREMENTS OF THIS CHAPTER:
(A) RAPE AS DEFINED IN 18 PA.C.S. § 3121
(RELATING TO RAPE);
(B) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE AS
DEFINED IN 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY
DEVIATE SEXUAL INTERCOURSE);
(C) SEXUAL ASSAULT AS DEFINED IN 18 PA.C.S. §
3124.1 (RELATING TO SEXUAL ASSAULT);
(D) AGGRAVATED INDECENT ASSAULT AS DEFINED IN 18
PA.C.S. § 3125 (RELATING TO AGGRAVATED INDECENT
ASSAULT);
(E) INDECENT ASSAULT AS DEFINED IN 18 PA.C.S. §
3126 (RELATING TO INDECENT ASSAULT); [AND]
(F) INDECENT EXPOSURE AS DEFINED IN 18 PA.C.S. §
3127 (RELATING TO INDECENT EXPOSURE)[.];
(G) UNLAWFUL DISSEMINATION OF INTIMATE IMAGE AS
DEFINED IN 18 PA.C.S. § 3131 (RELATING TO UNLAWFUL
DISSEMINATION OF INTIMATE IMAGE); AND
(H) SEXUAL ABUSE OF CHILDREN AS DEFINED IN 18
PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF
CHILDREN).
* * *
SECTION 2. SECTION 6311(C) OF TITLE 23 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 6311. Persons required to report suspected child abuse.
* * *
(C) STAFF MEMBERS OF INSTITUTIONS, ETC.--WHENEVER A PERSON
IS REQUIRED TO REPORT UNDER SUBSECTION (B) OR (E) IN THE
CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR OTHER PUBLIC
OR PRIVATE INSTITUTION, SCHOOL, FACILITY OR AGENCY, THAT PERSON
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SHALL REPORT IMMEDIATELY IN ACCORDANCE WITH SECTION 6313 AND
SHALL IMMEDIATELY THEREAFTER NOTIFY THE PERSON IN CHARGE OF THE
INSTITUTION, SCHOOL, FACILITY OR AGENCY OR THE DESIGNATED AGENT
OF THE PERSON IN CHARGE. UPON NOTIFICATION, THE PERSON IN CHARGE
OR THE DESIGNATED AGENT, IF ANY, SHALL FACILITATE THE
COOPERATION OF THE INSTITUTION, SCHOOL, FACILITY OR AGENCY WITH
THE INVESTIGATION OF THE REPORT. ANY INTIMIDATION, RETALIATION
OR OBSTRUCTION IN THE INVESTIGATION OF THE REPORT IS SUBJECT TO
THE PROVISIONS OF 18 PA.C.S. § 4958 (RELATING TO INTIMIDATION,
RETALIATION OR OBSTRUCTION IN CHILD ABUSE CASES). THIS CHAPTER
DOES NOT REQUIRE MORE THAN ONE REPORT FROM ANY SUCH INSTITUTION,
SCHOOL, FACILITY OR AGENCY.
(e) Additional reporting.--A mandated reporter enumerated in
subsection (a) shall make a report of suspected child abuse in
accordance with section 6313 via the Statewide toll-free
telephone number under section 6332 (relating to establishment
of Statewide toll-free telephone number) or by electronic
submission under section 6305 (relating to electronic reporting)
if the mandated reporter comes into contact with or has
reasonable cause to suspect the existence of child sexual abuse
material or artificially generated child sexual abuse material
as those terms are defined in 18 Pa.C.S. § 6312(g) (relating to
sexual abuse of children). This subsection shall apply whether
or not the material was created, displayed or exhibited to
others by a minor. Upon receipt of a report under this
subsection, the department shall transmit a copy of the report
to the appropriate law enforcement agency and may transmit a
copy of the report to the appropriate county agency.
Section 2 3. This act shall take effect in 90 days. AS
FOLLOWS:
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(1) THE AMENDMENT OF 23 PA.C.S. § 6304(F)(2)(I) SHALL
TAKE EFFECT IN 60 DAYS.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90
DAYS.
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