AN ACT

 

1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," further providing for
21domestic violence and rape victims services; and providing
22for children's advocacy centers.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1.  Section 2333(b) of the act of April 9, 1929
26(P.L.177, No.175), known as The Administrative Code of 1929,

1added March 30, 1988 (P.L.329, No.44), is amended to read:

2Section 2333.  Domestic Violence and Rape Victims Services.--
3* * *

4(b)  Where any person after the effective date of this
5section pleads guilty or nolo contendere to or is convicted of
6any crime as herein defined, there shall be imposed, in addition
7to all other costs, an additional cost in the sum of [ten
8dollars ($10)] fifteen dollars ($15) for the purpose of funding
9the services as described in this section. Such sum shall be
10paid over to the State Treasurer to be deposited in the General
11Fund. Under no condition shall a political subdivision be liable
12for the payment of the [ten dollars ($10)] fifteen dollars ($15) 
13in additional costs.

14* * *

15Section 2.  The act is amended by adding an article to read:

16ARTICLE XXIII-B

17CHILDREN'S ADVOCACY CENTERS

18Section 2301-B.  Declaration of policy.

19The General Assembly finds and declares as follows:

20(1)  State-of-the-art treatment for victims of child sexual
21abuse and child abuse is provided by children's advocacy
22centers. These centers bring together doctors, nurses,
23prosecutors, social workers and police in order to provide a
24unique and essential program of treatment and healing for child
25victims.

26(2)  Children's advocacy centers not only treat child
27victims, but assist in preventing and detecting child abuse and
28provide, through forensic interviewing and other techniques, the
29most effective way to bring perpetrators of child sexual abuse
30to justice.

1(3)  The Task Force on Child Protection stated in its
2November 2012 report that the Commonwealth's children are
3underserved when it comes to access to children's advocacy
4centers. The Task Force on Child Protection recommended that
5children's advocacy centers be established on a regional basis
6in order to allow the maximum number of abused children to be
7treated. Further, the Task Force on Child Protection recommended
8that the General Assembly provide a dedicated funding stream to
9support existing children's advocacy centers and to enable the
10establishment of additional children's advocacy centers within
11this Commonwealth.

12(4)  It is in the public interest for this Commonwealth to
13provide financial assistance to children's advocacy centers,
14both for their enhancement and establishment.

15Section 2302-B.  Definitions.

16The following words and phrases when used in this article
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Children's advocacy center."  As defined in 23 Pa.C.S. 6303
20(relating to definitions).

21"Commission."  The Pennsylvania Commission on Crime and
22Delinquency.

23"Crime."  An act committed in this Commonwealth which, if
24committed by a mentally competent, criminally responsible adult,
25who had no legal exemption or defense, would constitute a crime
26as defined in and proscribed by 18 Pa.C.S. (relating to crimes
27and offenses) or enumerated in the act of April 14, 1972
28(P.L.233, No.64), known as The Controlled Substance, Drug,
29Device and Cosmetic Act. However, no act involving the operation
30of a motor vehicle which results in injury shall constitute a

1crime for the purpose of this section unless the injury was
2intentionally inflicted through the use of a motor vehicle.

3"Multidisciplinary investigative team."  A team established
4to coordinate child abuse investigations between county agencies
5and law enforcement as set forth in 23 Pa.C.S. Ch. 63 (relating
6to child protective services).

7Section 2303-B. Funding.

8The following apply:

9(1)  Where any person after the effective date of this
10article pleads guilty or nolo contendere to or is convicted
11of any crime, there shall be imposed, in addition to all
12other costs, an additional cost in the sum of $15 for the
13purpose of funding children's advocacy centers as described
14in this article. Such sum shall be paid over to the State
15Treasurer to be deposited in the General Fund. Under no
16condition shall a political subdivision be liable for the
17payment of the $15 in additional costs.

18(2)  The commission shall make grants to qualified
19applicants on a regional basis as provided in this article
20for the operation of existing children's advocacy centers and
21for the establishment of children's advocacy centers,
22consistent with this article. In awarding grants, the
23commission shall consider:

24(i)  The number of children to be served.

25(ii)  The geographical area to be serviced.

26(iii)  The scope of the services.

27(iv)  The need for services.

28(v)  The availability of expert pediatric medical and
29mental health services.

30(vi)  The amount of funds provided from other

1sources.

2Section 2304-B.  Permitted use of funds.

3(a)  Grants to qualified applicants.--Funding shall be used
4to provide resources to qualified applicants as provided in this
5article. Grants shall be provided to all qualified applicants
6that apply to the extent that funds are available. However, no
7more than 20% of the funds collected annually under this article
8shall be provided to any single qualified applicant.

9(b)  Initial award of funds.--For the first three years after
10the effective date of this article, the commission shall
11endeavor to provide 30% of the funds collected under this
12article to qualified applicants working to establish children's
13advocacy centers in regions not yet served by such centers.

14Section 2305-B.  Procedure.

15In order to be a qualified applicant and to be awarded a
16grant under this article, the commission must find that either:

17(1)  The applicant is an accredited, associate/developing
18or affiliate member of the National Children's Alliance.

19(2)  In the case of an applicant that is not a member of
20the National Children's Alliance:

21(i)  The applicant identifies a region of this
22Commonwealth it intends to serve.

23(ii)  The applicant has received a letter of
24endorsement from at least two-thirds of the district
25attorneys and multidisciplinary teams of the counties
26which will be served within the region. A district
27attorney and a multidisciplinary team may submit a letter
28separately or jointly. In no case may the commission
29distribute funds under this article to an applicant which
30has not been endorsed by at least two-thirds of the

1district attorneys and multidisciplinary investigative
2teams of the counties to be served within the region.

3(iii)  The applicant intends to apply for membership
4in the National Children's Alliance within a reasonable
5period of time.

6Section 3.  This act shall take effect in 90 days.