PRINTER'S NO. 668
No. 566 Session of 2003
INTRODUCED BY McCALL, STERN, ALLEN, ARGALL, BEBKO-JONES,
BELFANTI, BISHOP, BLAUM, BROWNE, CAWLEY, CLYMER, CORRIGAN,
DAILEY, DALLY, DeLUCA, DeWEESE, FABRIZIO, GEIST, GOODMAN,
GRUCELA, HARHAI, HARPER, HENNESSEY, HERMAN, HORSEY, JAMES,
KELLER, KIRKLAND, LaGROTTA, LAUGHLIN, LEACH, LEH, LEWIS,
MANN, MARKOSEK, MARSICO, McNAUGHTON, MELIO, MYERS, PALLONE,
RAYMOND, READSHAW, RUBLEY, SANTONI, SCRIMENTI, SHANER,
SOLOBAY, STABACK, STURLA, SURRA, TANGRETTI, E. Z. TAYLOR,
THOMAS, TIGUE, TRUE, WALKO, WANSACZ, WATSON, WOJNAROSKI,
YOUNGBLOOD AND YUDICHAK, MARCH 3, 2003
REFERRED TO COMMITTEE ON EDUCATION, MARCH 3, 2003
AN ACT
1 Providing for rape and sexual assault awareness education
2 programs for all new students matriculating into institutions
3 of higher education that receive public funding; establishing
4 the Pennsylvania College and University Rape Education Act;
5 and making an appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Pennsylvania
10 CURE (College and University Rape Education) Act.
11 Section 2. Legislative findings.
12 (1) It is in the interest of this Commonwealth to
13 facilitate the education of its young people.
14 (2) Awareness and education are the beginning steps to
15 prevention.
1 (3) Men, as well as women, are raped and sexually
2 assaulted; education is imperative to promoting safety and
3 raising awareness of sexual assault among young people.
4 (4) The first few months of the freshman year are the
5 most dangerous for new female and male students because of
6 the availability of drugs and alcohol, the absence of
7 parental supervision and a lack of education and awareness.
8 Section 3. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "CURE." The acronym for providing a rape education program
13 to those matriculating in publicly funded colleges and
14 universities.
15 "Education program." A program that informs, enlightens and
16 promotes healthy living and awareness.
17 "Matriculating." Admission into an institute of higher
18 education.
19 "Institution of higher education." An independent
20 institution of higher education, a community college, a State-
21 related institution or a member institution of the State System.
22 "Public funding." Money appropriated by the Commonwealth to
23 institutions of higher education from moneys of the
24 Commonwealth.
25 "Rape." As defined in 18 Pa.C.S. § 3121 (relating to rape).
26 "Sexual assault." As defined in 18 Pa.C.S. § 3124.1
27 (relating to sexual assault).
28 Section 4. Focus.
29 The focus of the orientation materials will be to increase
30 awareness of and improve every student's understanding of rape
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1 and sexual assault and to reduce the likelihood of sexual
2 violence against women and men.
3 Section 5. Program.
4 Institutions of higher education shall establish, implement
5 and administer an educational program that includes the
6 following criteria:
7 (1) An explanation of what rape and sexual assault are:
8 (i) The different kinds of rape, including male
9 sexual assault.
10 (ii) The victim is not at fault.
11 (2) An explanation of rape, drugs, alcohol and their
12 link to party scenes.
13 (3) Information for risk education and protection.
14 (4) Information on where and how to get help, including
15 the importance of medical and legal help and counseling and
16 roles of local crisis centers.
17 (5) Laws, consequences to an offender.
18 (6) Possibility of pregnancy and sexual diseases.
19 (7) An introduction of members of the college community
20 from:
21 (i) The campus security or campus law enforcement.
22 (ii) The campus health center, campus women's center
23 and rape crisis center.
24 (iii) The campus counseling service or any service
25 responsible for psychological counseling.
26 (8) A promise of confidentiality.
27 Section 6. Follow-up.
28 The institutions of higher education shall commit to one
29 additional follow-up program throughout the duration of the
30 school year for new students. The nature of the program is at
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1 the discretion of the institution, but may consist of the
2 following:
3 (1) Speakers and lecturers relating to rape prevention
4 and rape awareness.
5 (2) Community service at a rape crisis center.
6 (3) Residence hall-sponsored activities relating to rape
7 prevention and rape awareness.
8 (4) Videos relating to rape prevention and rape
9 awareness.
10 (5) Distribution of educational pamphlets relating to
11 rape prevention and rape awareness.
12 (6) Fundraising for local rape crisis centers.
13 Section 7. Duties of Pennsylvania Commission on Crime and
14 Delinquency.
15 The Pennsylvania Commission on Crime and Delinquency shall:
16 (1) Oversee the implementation of the programs and
17 ensure that colleges and universities are compliant with this
18 act.
19 (2) Train college personnel to implement the program on
20 campus. The college personnel shall be members of campus
21 security or campus law enforcement, the health center,
22 counseling services or any service responsible for
23 psychological counseling, women's center or campus rape
24 crisis center.
25 (3) Implement the purpose of the commission's role,
26 request and receive from any department, division, board,
27 bureau, commission or other agency of the Commonwealth or
28 political subdivision, non-State commission, agency or public
29 authority, cooperation, assistance, information and data
30 needed by the commission to carry out its duties in this
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1 order.
2 (4) Require institutions of higher education to report
3 to the Pennsylvania Commission on Crime and Delinquency on
4 the programs chosen by the institutions so the commission can
5 ensure compliance.
6 Section 8. Appropriations.
7 The sum of $1,000,000, or as much thereof as may be
8 necessary, is hereby appropriated to the Pennsylvania Commission
9 on Crime and Delinquency for the implementation of this act for
10 fiscal year 2003-2004. Should an institution of higher education
11 not comply with this act, 1% of the institution's allocated
12 funding will be restricted until compliance has been met and
13 approved by the Pennsylvania Commission on Crime and
14 Delinquency.
15 Section 9. Effective date.
16 This act shall take effect in 120 days.
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