Regular Session 2017-2018 Senate Bill 0549 P.N. 0587

PRINTER'S NO. 587

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

549

Session of

2017

INTRODUCED BY SCHWANK, TARTAGLIONE, SABATINA, YUDICHAK, HAYWOOD,

BREWSTER, RAFFERTY, BROWNE AND BLAKE, MARCH 24, 2017

REFERRED TO HEALTH AND HUMAN SERVICES, MARCH 24, 2017

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for the regulation of pari-mutuel

thoroughbred horse racing and harness horse racing

activities, imposing certain taxes and providing for the

disposition of funds from pari-mutuel tickets; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in powers and duties of the Department of Public

Welfare and its departmental administrative and advisory

boards and commissions, further providing for domestic

violence and rape victims services; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Article XXIII of the act of April

9, 1929 (P.L.177, No.175), known as The Administrative Code of

1929, is amended to read:

ARTICLE XXIII

POWERS AND DUTIES OF THE DEPARTMENT OF

[PUBLIC WELFARE] HUMAN SERVICES AND ITS DEPARTMENTAL

ADMINISTRATIVE AND ADVISORY BOARDS

AND COMMISSIONS

Section 2. Section 2333 of the act is amended to read:

Section 2333. Domestic Violence and Rape Victims Services.--

(a) The General Assembly finds that the public health and

safety is threatened by increasing incidences of domestic

violence and rape. Domestic violence programs and rape crisis

programs provide needed support services for victims and assist

in prevention through community education. Therefore, the

General Assembly finds that it is in the public interest for the

Commonwealth to establish a mechanism to provide financial

assistance to domestic violence centers and rape crisis centers

for the operation of domestic violence and rape crisis programs.

(b) Where any person after the effective date of this

section pleads guilty or nolo contendere to or is convicted of

any crime as herein defined, there shall be imposed, in addition

to all other costs, an additional cost in the sum of ten dollars

($10) for the purpose of funding the services as described in

this section. Such sum shall be paid over to the State Treasurer

to be deposited in the General Fund. Under no condition shall a

political subdivision be liable for the payment of the ten

dollars ($10) in additional costs.

make grants to domestic violence centers and rape crisis centers

for the operation of domestic violence programs and rape crisis

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programs consistent with this section. [In awarding grants, the

Department of Public Welfare shall consider the population to be

served, the geographical area to be serviced, the scope of the

services, the need for services and the amount of funds provided

from other sources.] The following shall apply:

(1) Grants may be made to domestic violence centers and rape

crisis centers in whatever combination or manner is considered

to ensure the most effective delivery of victim services. The

Department of Human Services shall adopt regulations that

establish a formula and eligibility for grants that shall

provide for access to services in every community and consider

all of the following for each center receiving a grant:

(i) The number of residents in the municipalities to be

served.

(ii) The type and extent of services to be provided.

(iii) The level of demand for services.

(iv) The level or unmet services.

(v) The degree to which grants under this section are used

for direct services to victims and dependents.

(vi) The degree to which other funding sources are used to

complement or support direct services to victims and dependents.

(vii) Cost efficiency and nonduplication of services.

(viii) Any other factor the Department of Human Services

deems appropriate, to the extent it impacts the delivery of

services to victims and dependents.

(2) The Department of Human Services shall require that each

center receiving a grant complies with appropriate accounting

standards and may promulgate regulations regarding forfeiture of

grant money for failure to comply with appropriate accounting

standards.

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(d) The Department of [Public Welfare] Human Services shall

make available at cost to the public copies of applications that

have been submitted or approved for funding and reports on any

fiscal or programmatic reviews of funded programs.

(e) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Crime" means an act committed in Pennsylvania which, if

committed by a mentally competent, criminally responsible adult,

who had no legal exemption or defense, would constitute a crime

as defined in and proscribed by [Title 18 of the Pennsylvania

Consolidated Statutes] 18 Pa.C.S. (relating to crimes and

offenses) or enumerated in the act of April 14, 1972 (P.L.233,

No.64), known as "The Controlled Substance, Drug, Device and

Cosmetic Act." However, no act involving the operation of a

motor vehicle which results in injury shall constitute a crime

for the purpose of this section unless such injury was

intentionally inflicted through the use of a motor vehicle.

"Domestic violence" means the occurrence of one or more of

the following acts between family or household members:

(1) Intentionally, knowingly or recklessly causing or

attempting to cause bodily injury.

(2) Placing, by physical menace, another in fear of imminent

serious bodily injury.

"Domestic violence center" means an organization, or the

coordinating body of an organization, which has as its primary

purpose the operation of domestic violence programs.

"Domestic violence program" means a program which has as its

primary purpose the provision of direct services to victims of

domestic violence and their children, including, but not limited

to, victim advocacy, counseling, shelter, information and

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referral, victim-witness, accompaniment, community education and

prevention.

"Rape crisis center" means an organization, or the

coordinating body of an organization, which has as its primary

purpose the operation of rape crisis programs.

"Rape crisis program" means a program which has as its

primary purpose the provision of direct services to victims of

sexual assault, including, but not limited to, crisis

intervention, counseling, victim advocacy, information and

referral, victim-witness and assistance, accompaniment through

the medical, police and judicial systems as well as providing

community education and prevention programs on rape and sexual

assaults.

"Sexual assault" means any conduct which is a crime under 18

Pa.C.S. Ch. 31 (relating to sexual offenses).

Section 3. This act shall take effect immediately.

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