CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 1019, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Campbell moved the following substitute for amendment

12  (221752):

13

14         Senate Amendment 

15         On page 82, line 25, delete that line

16

17  insert:

18         (10)  A person who knowingly and willfully makes a

19  false report of abuse, abandonment, or neglect of a child, or

20  a person who counsels another to make a false report may be

21  civilly liable for damages suffered including reasonable

22  attorney fees and costs as a result of the filing of the false

23  report. If the name of the person who filed the false report

24  or counseled another to do so has not been disclosed under

25  subsection (9), the department as custodian of the records may

26  be named as a party in the suit until the court determines

27  upon an in camera inspection of the records and report that

28  there is a reasonable basis for believing that the report was

29  false and that the identity of the reporter may be disclosed

30  for the purpose of proceeding with a lawsuit for civil damages

31  resulting from the filing of the false report. The alleged

                                  1
    2:19 PM   04/28/98                                h1019b-33j01




                                                  SENATE AMENDMENT

    Bill No. HB 1019, 2nd Eng.

    Amendment No.    





 1  perpetrator may submit witness affidavits to assist the court

 2  in making this initial determination.

 3         (11) (10)  Any person making a report who is acting in

 4  good

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2
    2:19 PM   04/28/98                                h1019b-33j01