PRINTER'S NO. 1152
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
871
Session of
2017
INTRODUCED BY SCHWANK, LEACH, SABATINA, FONTANA, BREWSTER,
FARNESE, BAKER, BROWNE, YUDICHAK AND RAFFERTY,
SEPTEMBER 15, 2017
REFERRED TO EDUCATION, SEPTEMBER 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," providing for policy for alcohol and
drug use amnesty at certain institutions of higher education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XX-H
MISCELLANEOUS PROVISIONS
FOR INSTITUTIONS OF HIGHER EDUCATION
Section 2001-H. (Reserved).
Section 2002-H. Policy for alcohol and drug use amnesty.
(a) General rule.--A postsecondary institution shall adopt
and implement the following policy as part of the postsecondary
institution's code of conduct:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
The health and safety of every student at {Institution}
is of utmost importance. {Institution} recognizes that
students who have been drinking or using drugs, whether
such use is voluntary or involuntary, at the time that
violence, including, but not limited to, domestic
violence, dating violence, stalking or sexual assault
occurs may be hesitant to report such incidents due to
fear of potential consequences for their own conduct.
{Institution} strongly encourages students to report
domestic violence, dating violence, stalking or sexual
assault to {Institution} officials. A bystander acting in
good faith or a reporting individual acting in good faith
that discloses any incident of domestic violence, dating
violence, stalking or sexual assault to {Institution}
officials or law enforcement will not be subject to
{Institution's} code of conduct action for violations of
alcohol or drug use policies occurring at or near the
time of the commission of the domestic violence, dating
violence, stalking or sexual assault.
(b) Construction.--Nothing in this section shall be
construed to limit the ability of a postsecondary institution to
provide amnesty in circumstances other than those specified in
subsection (a).
(c) Definition.--For purposes of this section,
"postsecondary institution" shall include an independent
institution of higher education, a public institution of higher
education and State-related institutions as defined in section
2001-C.
Section 2. This act shall take effect in 90 days.
20170SB0871PN1152 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29