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PRINTER'S NO. 909
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
742
Session of
2017
INTRODUCED BY GREENLEAF, SABATINA, YUDICHAK, RAFFERTY, COSTA,
FONTANA AND HUGHES, JUNE 5, 2017
REFERRED TO JUDICIARY, JUNE 5, 2017
AN ACT
Amending the act of November 29, 2006 (P.L.1471, No.165),
entitled, as amended, "An act providing for a sexual assault
evidence collection program and for powers and duties of the
Department of Health and the Pennsylvania State Police;
establishing civil immunity; and providing for rights of
sexual assault victims," further providing for rights of
sexual assault victims.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(c) of the act of November 29, 2006
(P.L.1471, No.165), known as the Sexual Assault Testing and
Evidence Collection Act, added July 10, 2015 (P.L.142, No.27),
is amended and subsection (a) is amended by adding paragraphs to
read:
Section 5. Rights of sexual assault victims.
(a) General rule.--In addition to the rights provided under
the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act, a sexual assault victim, guardian of a sexual
assault victim or close relative of a deceased sexual assault
victim shall have all of the following rights, if requested by
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the victim, guardian or relative:
* * *
(4) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
(5) The right to:
(i) subject to paragraph (6), have a sexual assault
evidence collection kit or its probative contents
relating to the victim preserved, without charge, for the
duration of the maximum applicable statute of
limitations; and
(ii) be informed in writing of policies governing
the collection and preservation of a sexual assault
evidence collection kit.
(6) The right to:
(i) upon written request, receive written
notification from the appropriate official with custody
of a sexual assault evidence collection kit or its
probative contents relating to the victim not later than
60 days before the date of the intended destruction or
disposal of the sexual assault evidence collection kit or
its probative contents.
(ii) upon written request, be granted further
preservation of the sexual assault evidence collection
kit or its probative contents.
(7) The right to consult with a sexual assault
counselor.
(8) The right to information concerning availability of
protective orders and policies related to the enforcement of
protective orders.
(9) The right to information about the availability of,
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and eligibility for, victim compensation and restitution.
(10) The right to be informed of the rights under this
subsection.
* * *
(c) [Definition.--As used in this section, the term "close]
Definitions.--As used in this section, the following words and
phrases shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Close relative of a deceased sexual assault [victim" means
an] victim." An individual who:
(1) was the spouse of a deceased sexual assault victim
at the time of the victim's death; or
(2) is a parent or adult brother, sister or child of a
deceased sexual assault victim.
"Sexual assault counselor." As defined in 42 Pa.C.S. ยง
5945.1 (relating to confidential communications with sexual
assault counselors).
Section 2. This act shall take effect in 60 days.
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