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PRINTER'S NO. 169
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
202
Session of
2015
INTRODUCED BY SCHWANK, GREENLEAF, BREWSTER, TEPLITZ, FONTANA,
HUGHES, BLAKE, SMITH, YUDICHAK, BOSCOLA, WILLIAMS,
TARTAGLIONE, COSTA, VULAKOVICH, FARNESE, BROWNE AND LEACH,
JANUARY 20, 2015
REFERRED TO JUDICIARY, JANUARY 20, 2015
AN ACT
Amending the act of November 29, 2004 (P.L.1383, No.180),
entitled "An act requiring institutions of higher education
to provide students and employees with information relating
to crime statistics and security measures and to provide
similar information to prospective students and employees
upon request; granting powers to the State Board of
Education; establishing a uniform crime reporting program;
requiring all county and municipal law enforcement agencies
to report certain information occurring within the respective
jurisdictions; imposing duties on the Pennsylvania Commission
on Crime and Delinquency; authorizing the Pennsylvania State
Police to collect and gather information on crime and make
annual reports; providing for penalties; and making a related
repeal," in higher education security information, further
providing for crime statistics and security policies and
procedures; and providing for Pennsylvania safe campuses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 303(b) of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act, is
amended to read:
Section 303. Crime statistics and security policies and
procedures.
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(b) Publishing and distributing reports.--Each institution
of higher education shall publish and distribute a report which
shall be updated annually and which shall include the crime
statistics as reported under subsections (a) and (b.2) for the
most recent three-year period. Crime rates shall also be
included in the report. The crime rates reported shall be based
on the numbers and categories of crimes reported under
subsections (a) and (b.2) and the number of full-time equivalent
undergraduate and graduate students (FTES) and full-time
equivalent employees at the institution of higher education.
[Upon] The report shall be posted on the official Internet
website of the institution and upon request, the institution
shall provide the report to every person who submits an
application for admission to either a main or branch campus and
to each new employee at the time of employment. In its
acknowledgment of receipt of the formal application of
admission, the institution shall notify the applicant of the
availability of such information. The information shall also be
provided on an annual basis to all students and employees.
Institutions with more than one campus shall provide the
required information on a campus-by-campus basis.
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Section 2. The act is amended by adding a chapter to read:
CHAPTER 3-A
PENNSYLVANIA SAFE CAMPUSES
Section 301-A. Scope of chapter.
This chapter relates to reporting, policy and program
requirements concerning sexual assault and intimate partner
violence on campuses of institutions of higher education.
Section 302-A. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Awareness program." A program designed to communicate the
nature and risk of sexual assaults and intimate partner
violence.
"Institution of higher education." As defined under section
302.
"Intimate partner violence." The commission of, attempt to
commit or conspiracy to commit an act constituting abuse within
the meaning of 23 Pa.C.S. Ch. 61 (relating to protection from
abuse) where the actor is or was the spouse of or in a dating
relationship with the victim.
"Prevention program." A program designed to prevent sexual
assault and intimate partner violence.
"Sexual assault." The commission of, attempt to commit and
conspiracy to commit an act prohibited under 18 Pa.C.S. Ch. 31
(relating to sexual offenses).
"Valid complaint." As defined under section 302.
"Victim." A victim of sexual assault or intimate partner
violence.
Section 303-A. Sexual assault and intimate partner violence
reporting.
(a) Reporting requirements.--An institution of higher
education shall annually include in the report required under
section 303 the security policies specifically relating to and
the number of valid complaints of sexual assault and intimate
partner violence reported on its campus, including:
(1) The number of valid complaints of sexual assault and
intimate partner violence reported to campus police, campus
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security officers or State, county or local police as
follows:
(i) beginning one year after the effective date of
this section, the information shall be reported for the
immediately preceding calendar year;
(ii) beginning two years after the effective date of
this section, the information shall be reported for the
two immediately preceding calendar years; and
(iii) beginning three years after the effective date
of this section and thereafter, the information shall be
reported for the three immediately preceding calendar
years.
(2) A statement indicating where information concerning
the location of offenders subject to 42 Pa.C.S. Ch. 97 Subch.
H (relating to registration of sexual offenders) can be
obtained.
(3) A description of programs available to students,
employees and other institution of higher education officials
concerning the institution's security procedures and
practices relating to sexual assault and intimate partner
violence.
(b) Interim reports.--Reports of incidents that represent a
potential threat to other parties shall be publicly and timely
disclosed in a manner that is prudent to prevent harm and to
protect the confidentiality of the prior victim.
Section 304-A. Policies required.
An institution of higher education shall have a policy that
informs students, employees and officials of the institution of
the rights of victims and the responsibilities of witnesses of
sexual assault and intimate partner violence and sets forth the
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manner for informing them of their rights and responsibilities.
The policy shall include all of the following:
(1) All instances of sexual assault or intimate partner
violence involving a minor that are required under Federal or
State law to be reported to law enforcement authorities shall
be reported without delay.
(2) Victims shall be provided with written, plain
language information that identifies the availability of and
contact information for local medical, mental health and
legal assistance services and the procedures a victim should
follow after an incident of sexual assault or intimate
partner violence.
(3) Student and employee victims shall be informed of
assistance that is available to them from the institution of
higher education in making appropriate changes to academic,
living, transportation or work circumstances as a result of
sexual assault or intimate partner violence.
Section 305-A. Sexual assault and intimate partner violence
prevention and awareness program.
(a) Program requirements.--An institution of higher
education shall offer a program on prevention and awareness of
sexual assault and intimate partner violence for all students
and employees. The program shall:
(1) Provide information on the nature and dynamics of
sexual assault and intimate partner violence, including the
meaning of consent and the number of valid complaints of
sexual assault and intimate partner violence at the
institution during the most recently concluded calendar year
and the immediately preceding two calendar years.
(2) Provide information on sanctions called for under
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institutional disciplinary proceedings and on potential
criminal and civil liability.
(3) Provide information on procedures that should be
followed, including the preservation of evidence, contacting
law enforcement and victim assistance agencies and the
availability of assistance from the institution to notify
civil authorities of incidents of sexual assault or intimate
partner violence.
(4) Provide information on the availability of
counseling, mental health or other services for victims on
campus or in the community.
(5) Provide information relating to bystander
intervention and risk-reduction strategies.
(b) Construction.--This section shall not be construed to
require particular programs, policies or procedures.
Section 306-A. Interpretation.
The provisions of this chapter shall not confer a private
right of action to enforce its provisions, to establish a
specific standard of care or a civil cause of action or to
require the reporting or disclosure of privileged information.
Evidence of compliance or noncompliance shall not be admissible
as evidence in a proceeding before a court, agency, board or
other entity except with respect to an action to enforce the
provisions of this act.
Section 307-A. Enforcement.
(a) Action to compel compliance.--The Attorney General may
bring an action in the name of the Commonwealth against an
institution of higher education to compel compliance with this
chapter.
(b) Civil penalty.--In an action by the Attorney General to
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compel compliance with this chapter, the court may award a civil
penalty as follows:
(1) Not more than $1,000 for each day of violation for
willful noncompliance or failure to promptly comply with an
order of the court to comply with the provisions of this
chapter.
(2) Not more than $25,000 for the first case of
intentional misrepresentation or concealment by an
institution of higher education of a valid complaint required
to be reported under this chapter.
(3) Not more than $50,000 for a second or subsequent
intentional misrepresentation or concealment by an
institution of higher education of a valid complaint required
to be reported under this chapter.
Section 308-A. Rules and regulations.
The State Board of Education may, in the manner provided by
law, promulgate the rules and regulations necessary to carry out
this chapter.
Section 3. This act shall take effect in 180 days.
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