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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WASHINGTON, COSTA, FARNESE, FERLO, FONTANA, GREENLEAF, HUGHES, LOGAN, O'PAKE, RAFFERTY, STOUT, TARTAGLIONE, WARD AND BOSCOLA, JULY 3, 2010 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, JULY 3, 2010 |
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| AN ACT |
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1 | Amending the act of April 9, 1929 (P.L.177, No.175), entitled |
2 | "An act providing for and reorganizing the conduct of the |
3 | executive and administrative work of the Commonwealth by the |
4 | Executive Department thereof and the administrative |
5 | departments, boards, commissions, and officers thereof, |
6 | including the boards of trustees of State Normal Schools, or |
7 | Teachers Colleges; abolishing, creating, reorganizing or |
8 | authorizing the reorganization of certain administrative |
9 | departments, boards, and commissions; defining the powers and |
10 | duties of the Governor and other executive and administrative |
11 | officers, and of the several administrative departments, |
12 | boards, commissions, and officers; fixing the salaries of the |
13 | Governor, Lieutenant Governor, and certain other executive |
14 | and administrative officers; providing for the appointment of |
15 | certain administrative officers, and of all deputies and |
16 | other assistants and employes in certain departments, boards, |
17 | and commissions; and prescribing the manner in which the |
18 | number and compensation of the deputies and all other |
19 | assistants and employes of certain departments, boards and |
20 | commissions shall be determined," further providing for |
21 | domestic violence and rape victims services. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 2333 of the act of April 9, 1929 |
25 | (P.L.177, No.175), known as The Administrative Code of 1929, |
26 | added March 30, 1988 (P.L.329, No.44), is amended to read: |
27 | Section 2333. Domestic Violence and Rape Victims Services.-- |
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1 | (a) The General Assembly finds that the public health and |
2 | safety is threatened by increasing incidences of domestic |
3 | violence and rape. Domestic violence programs and rape crisis |
4 | programs provide needed support services for victims and assist |
5 | in prevention through community education. Therefore, the |
6 | General Assembly finds that it is in the public interest for the |
7 | Commonwealth to establish a mechanism to provide financial |
8 | assistance to domestic violence centers and rape crisis centers |
9 | for the operation of domestic violence and rape crisis programs. |
10 | (b) Where any person after the effective date of this |
11 | section pleads guilty or nolo contendere to or is convicted of |
12 | any crime as herein defined, there shall be imposed, in addition |
13 | to all other costs, an additional cost in the sum of [ten |
14 | dollars ($10)] fifteen dollars ($15) for the purpose of funding |
15 | the services as described in this section. Such sum shall be |
16 | paid over to the State Treasurer to be deposited in the General |
17 | Fund. Under no condition shall a political subdivision be liable |
18 | for the payment of the [ten dollars ($10)] fifteen dollars ($15) |
19 | in additional costs. |
20 | (c) The Department of Public Welfare shall make grants to |
21 | domestic violence centers and rape crisis centers for the |
22 | operation of domestic violence programs and rape crisis programs |
23 | consistent with this section. In awarding grants, the Department |
24 | of Public Welfare shall consider the population to be served, |
25 | the geographical area to be serviced, the scope of the services, |
26 | the need for services and the amount of funds provided from |
27 | other sources. |
28 | (d) The Department of Public Welfare shall make available at |
29 | cost to the public copies of applications that have been |
30 | submitted or approved for funding and reports on any fiscal or |
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1 | programmatic reviews of funded programs. |
2 | (d.1) All health care practitioners employed by or having |
3 | admitting privileges at a health care facility shall report to |
4 | the facility incidents of domestic violence determined through |
5 | treatment of a victim for injuries which the victim states |
6 | resulted from domestic violence or any injury which a |
7 | practitioner has reasonable cause to believe resulted from |
8 | domestic violence. All health care facilities shall track |
9 | incidents of domestic violence obtained from reports by health |
10 | care practitioners or documented in the facilities' medical |
11 | records and complete confidential medical data collection |
12 | reports, as promulgated by the Department of Health, for any |
13 | victim being treated for injuries which the victim states |
14 | resulted from domestic violence or which the health care |
15 | facility has reasonable cause to believe resulted from domestic |
16 | violence. The report may not identify a victim by name or by |
17 | information which would reveal the victim's identity. The report |
18 | shall be submitted to the Department of Health on an annual |
19 | basis, and the department shall submit a compilation of these |
20 | reports to the Department of Public Welfare annually. |
21 | (d.2) All law enforcement officers shall report to their |
22 | assigned police departments incidents of domestic violence as |
23 | reported by the victim or any incident which the officer has |
24 | reasonable cause to believe resulted from domestic violence. The |
25 | Pennsylvania State Police and all police departments shall track |
26 | incidents of domestic violence and complete confidential medical |
27 | data collection reports, as promulgated by the Department of |
28 | Health, for any victim of domestic violence or which the |
29 | Pennsylvania State Police or police department has reasonable |
30 | cause to believe resulted from domestic violence. The report may |
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1 | not identify a victim by name or by information which would |
2 | reveal the victim's identity. The report shall be submitted to |
3 | the Department of Health on an annual basis, and the department |
4 | shall submit a compilation of these reports to the Department of |
5 | Public Welfare annually. |
6 | (e) As used in this section, the following words and phrases |
7 | shall have the meanings given to them in this subsection: |
8 | "Crime" means an act committed in Pennsylvania which, if |
9 | committed by a mentally competent, criminally responsible adult, |
10 | who had no legal exemption or defense, would constitute a crime |
11 | as defined in and proscribed by Title 18 of the Pennsylvania |
12 | Consolidated Statutes (relating to crimes and offenses) or |
13 | enumerated in the act of April 14, 1972 (P.L.233, No.64), known |
14 | as "The Controlled Substance, Drug, Device and Cosmetic Act." |
15 | However, no act involving the operation of a motor vehicle which |
16 | results in injury shall constitute a crime for the purpose of |
17 | this section unless such injury was intentionally inflicted |
18 | through the use of a motor vehicle. |
19 | "Domestic violence" means the occurrence of one or more of |
20 | the following acts between family or household members: |
21 | (1) Intentionally, knowingly or recklessly causing or |
22 | attempting to cause bodily injury. |
23 | (2) Placing, by physical menace, another in fear of imminent |
24 | serious bodily injury. |
25 | "Domestic violence center" means an organization, or the |
26 | coordinating body of an organization, which has as its primary |
27 | purpose the operation of domestic violence programs. |
28 | "Domestic violence program" means a program which has as its |
29 | primary purpose the provision of direct services to victims of |
30 | domestic violence and their children, including, but not limited |
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1 | to, victim advocacy, counseling, shelter, information and |
2 | referral, victim-witness, accompaniment, community education and |
3 | prevention. |
4 | "Health care facility" means a facility that is authorized to |
5 | provide clinically related health service as defined in the act |
6 | of July 19, 1979 (P.L.130, No.48), known as the "Health Care |
7 | Facilities Act." |
8 | "Health care practitioner" means an individual who is |
9 | authorized to practice some component of the healing arts as |
10 | defined in the act of July 19, 1979 (P.L.130, No.48), known as |
11 | the "Health Care Facilities Act." |
12 | "Law enforcement officer" means a Pennsylvania State Police |
13 | officer or a police officer certified pursuant to 53 Pa.C.S. Ch. |
14 | 21 Subch. D (relating to municipal police education and |
15 | training). |
16 | "Police department" means a public agency of a political |
17 | subdivision having general police powers and charged with making |
18 | arrests in connection with the enforcement of the criminal or |
19 | traffic laws. |
20 | "Rape crisis center" means an organization, or the |
21 | coordinating body of an organization, which has as its primary |
22 | purpose the operation of rape crisis programs. |
23 | "Rape crisis program" means a program which has as its |
24 | primary purpose the provision of direct services to victims of |
25 | sexual assault, including, but not limited to, crisis |
26 | intervention, counseling, victim advocacy, information and |
27 | referral, victim-witness and assistance, accompaniment through |
28 | the medical, police and judicial systems as well as providing |
29 | education and prevention programs on rape and sexual assaults. |
30 | "Sexual assault" means any conduct which is a crime under 18 |
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1 | Pa.C.S. Ch. 31 (relating to sexual offenses). |
2 | Section 2. This act shall take effect in 60 days. |
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