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PRINTER'S NO. 2711
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1921
Session of
2017
INTRODUCED BY DALEY, DERMODY, DEAN, DAVIS, THOMAS, KINSEY,
BOBACK, ROTHMAN, FRANKEL, SCHWEYER, SCHLOSSBERG, HILL-EVANS,
CALTAGIRONE, ROZZI, O'NEILL, WARREN, MURT, ROEBUCK, MADDEN,
McCARTER, NEUMAN, YOUNGBLOOD, D. COSTA, TOPPER, WATSON AND
McCLINTON, NOVEMBER 15, 2017
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 15, 2017
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in sexual violence education at
institutions of higher education, further providing for scope
of article, providing for affirmative consent to sexual
activity and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XX-G heading and section 2001-G of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, are amended to read:
ARTICLE XX-G
SEXUAL VIOLENCE EDUCATION AND PREVENTION AT
INSTITUTIONS OF HIGHER EDUCATION
Section 2001-G. Scope of article.
This article relates to college and university sexual
violence education and prevention.
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Section 2. The act is amended by adding a section to read:
Section 2007-G. Affirmative consent to sexual activity.
(a) General rule.--Each institution of higher education
shall adopt the following definition of affirmative consent as
part of the institution's code of conduct: "Affirmative consent
is a conscious, voluntary and mutual agreement among all
participants to engage in sexual activity. Words or actions may
constitute affirmative consent as long as those words or actions
convey clear permission regarding willingness to engage in the
sexual activity. Silence or lack of protest does not demonstrate
affirmative consent in and of itself. The definition of
affirmative consent does not vary based upon a participant's
sex, sexual orientation, gender identity or gender expression,
nor based on the existence of a present or past romantic,
intimate or dating relationship between the individuals
involved."
(b) Conduct.--Each institution of higher education's code of
conduct shall reflect the following principles as guidance for
the institution's community:
(1) It is the responsibility of each individual who
wants to engage in sexual activity with another individual to
obtain affirmative consent from the other individual.
(2) Affirmative consent to a sexual act does not imply
affirmative consent to other sexual acts or other forms of
sexual activity.
(3) Affirmative consent is required regardless of
whether the person initiating the act is under the influence
of drugs or alcohol.
(4) Affirmative consent may be withdrawn at any time.
(5) Affirmative consent cannot be given when an
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individual is incapacitated. For purposes of this paragraph,
incapacitation occurs when an individual lacks the ability to
knowingly choose to participate in sexual activity.
Incapacitation may be caused by the lack of consciousness or
by being asleep, being involuntarily restrained or if an
individual otherwise cannot give affirmative consent, such as
an individual who is physically or mentally impaired.
Depending on the degree of intoxication, someone who is under
the influence of alcohol, drugs or other intoxicants may be
incapacitated and unable to give affirmative consent.
(6) Affirmative consent cannot be given when it is the
result of coercion, intimidation, force or threat of harm.
(7) When affirmative consent is withdrawn or can no
longer be given, sexual activity must cease.
Section 3. The addition of section 2007-G of the act shall
apply to school years that begin after the effective date of
this section.
Section 4. This act shall take effect August 1, 2019.
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