Wednesday, November 6, 2013

Working to Protect Pennsylvania’s Children

By State Rep. Tarah Toohil (R-Luzerne) Poder Latino News -- Strengthening state law to provide better protections for Pennsylvania’s children is one of the top items on the agenda in the House of Representatives. Earlier this year, House members passed a package of nearly two dozen child abuse bills, which is now under consideration in the Senate. In addition, three more child protection measures were recently approved by the House.


House Bill 20 would upgrade the offense of concealing the death of a child to a third-degree felony and increase the maximum penalties to seven years in prison and a $15,000 fine. The measure also would clarify who can be charged with the crime. They include a natural parent, stepparent, adoptive parent, guardian or intimate partner of the child’s parent; an individual residing in the same household as the child; or an individual responsible for the child’s welfare, such as a babysitter, teacher or coach. 

House Bill 494 would create a new crime of failure to report the disappearance of a child. Under this bill, a parent of a child under age 14 can be charged with the offense if he or she acts with reckless disregard for the child’s welfare and fails to report the disappearance of the child to a law enforcement agency within 24 hours of knowing the child was missing. The offense would be a third-degree felony, which carries a maximum penalty of up to seven years in prison and a $15,000 fine.

Together, House Bills 20 and 494 are known as “Caylee’s Law.” They were drafted in response to the highly publicized Caylee Anthony case in Florida several years ago. During the trial of Casey Anthony, the evidence disclosed that she waited almost a month before reporting her child was missing. That led to a national public outcry over the concealment of little Caylee’s death, even if it was accidental as claimed. I believe we need to strengthen our laws here in Pennsylvania to discourage that kind of tragic behavior involving a young child from taking place here.

The third measure approved by the House would upgrade the crime of luring a child into a vehicle or structure to a second-degree felony if the child is less than 13 years old. The crime would carry a maximum penalty of 10 years in prison and a $25,000 fine. House Bill 1594 also provides that mistaking the age of the child is no defense. In all too many cases, sexual predators take advantage of a young child’s innocence and willingness to be helpful and succeed in enticing them into a car or a vacant building, often with tragic results.

A fourth child protection bill was recently approved by the House Judiciary Committee. House Bill 1045 would create the offense of making false reports of child abuse. A person would commit a second-degree misdemeanor if the person knowingly or intentionally makes a false report of child abuse or induces a child to make a false report of child abuse. The offense would carry a maximum penalty of two years in prison and a $5,000 fine. House Bill 1045 next goes to the full House for consideration.

I am hopeful the child protection legislation moves quickly through the General Assembly because the sooner we get these new laws passed, the less likely our children are put in harm’s way. 

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