2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 51 - Obstructing Governmental Operations
5106 - Failure to report injuries by firearm or criminal act.

     § 5106.  Failure to report injuries by firearm or criminal act.
        (a)  Offense defined.--Except as set forth in subsection
     (a.1), a physician, intern or resident, or any person
     conducting, managing or in charge of any hospital or pharmacy,
     or in charge of any ward or part of a hospital, to whom shall
     come or be brought any person:
            (1)  suffering from any wound or other injury inflicted
        by his own act or by the act of another which caused death or
        serious bodily injury, or inflicted by means of a deadly
        weapon as defined in section 2301 (relating to definitions);
        or
            (2)  upon whom injuries have been inflicted in violation
        of any penal law of this Commonwealth;
     commits a summary offense if the reporting party fails to report
     such injuries immediately, both by telephone and in writing, to
     the chief of police or other head of the police department of
     the local government, or to the Pennsylvania State Police. The
     report shall state the name of the injured person, if known, the
     injured person's whereabouts and the character and extent of the
     person's injuries.
        (a.1)  Exception.--In cases of bodily injury as defined in
     section 2301 (relating to definitions), failure to report under
     subsection (a)(2) does not constitute an offense if all of the
     following apply:
            (1)  The victim is an adult and has suffered bodily
        injury.
            (2)  The injury was inflicted by an individual who:
                (i)  is the current or former spouse of the victim;
                (ii)  is a current or former sexual or intimate
            partner of the victim;
                (iii)  shares biological parenthood with the victim;
            or
                (iv)  is or has been living as a spouse of the
            victim.
            (3)  The victim has been informed:
                (i)  of the duty to report under subsection (a)(2);
            and
                (ii)  that the report under subsection (a)(2) cannot
            be made without the victim's consent.
            (4)  The victim does not consent to the report under
        subsection (a)(2).
            (5)  The victim has been provided with a referral to the
        appropriate victim service agency such as a domestic violence
        or sexual assault program.
        (b)  Immunity granted.--No physician or other person shall be
     subject to civil or criminal liability by reason of complying
     with this section.
        (c)  Physician-patient privilege unavailable.--In any
     judicial proceeding resulting from a report pursuant to this
     section, the physician-patient privilege shall not apply in
     respect to evidence regarding such injuries or the cause
     thereof. This subsection shall not apply where a report is not
     made pursuant to subsection (a.1).
        (d)  Reporting of crime encouraged.--Nothing in this chapter
     precludes a victim from reporting the crime that resulted in
     injury.
        (e)  Availability of information.--A physician or other
     individual may make available information concerning domestic
     violence or sexual assault to any individual subject to the
     provisions of this chapter.
     (Dec. 9, 2002, P.L.1350, No.162, eff. 60 days)

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