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                                                        PRINTER'S NO. 59

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 74 Session of 2001


        INTRODUCED BY ORIE, THOMAS, READSHAW, YOUNGBLOOD, BELARDI,
           CORRIGAN, LAUGHLIN, SOLOBAY, TULLI, CAPPELLI, GRUCELA,
           YUDICHAK, STABACK, BEBKO-JONES, PRESTON, DeLUCA,
           E. Z. TAYLOR, CURRY, SHANER, CIVERA, HARHART, BARD AND
           ADOLPH, JANUARY 23, 2001

        REFERRED TO COMMITTEE ON EDUCATION, JANUARY 23, 2001

                                     AN ACT

     1  Providing for the creation of a model domestic abuse awareness
     2     program and for related powers and duties of the Department
     3     of Education.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Domestic
     8  Abuse Awareness Program Act.
     9  Section 2.  Declaration of policy.
    10     The General Assembly finds and declares as follows:
    11         (1)  There is an ever-increasing number of persons in
    12     this Commonwealth who are affected by domestic abuse. Studies
    13     have indicated that, nationally, one in three women is a
    14     victim of domestic abuse. Domestic abuse not only causes
    15     physical injury but also loss of trust, loss of personal
    16     safety in one's own home, loss of self-esteem and loss of
    17     control over one's own life. It has been estimated that the

     1     total medical cost of domestic abuse in Pennsylvania exceeds
     2     the medical cost of elder abuse, child abuse and street
     3     violence combined. Schools throughout this Commonwealth can
     4     and should take steps to educate students on the effects of
     5     domestic violence in an effort to promote safety.
     6         (2)  It is the intent of the General Assembly to reaffirm
     7     the Commonwealth's commitment to preventing domestic abuse by
     8     providing an awareness program for students enrolled in our
     9     public schools.
    10  Section 3.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Department."  The Department of Education of the
    15  Commonwealth.
    16     "Domestic abuse."  The occurrence of one or more of the
    17  following acts between family or household members, sexual or
    18  intimate partners or persons who share biological parenthood:
    19         (1)  Attempting to cause or intentionally, knowingly or
    20     recklessly causing bodily injury, serious bodily injury,
    21     rape, involuntary deviate sexual intercourse, sexual assault,
    22     statutory sexual assault, aggravated indecent assault,
    23     indecent assault or incest, with or without a deadly weapon.
    24         (2)  Placing another in reasonable fear of imminent
    25     serious bodily injury.
    26         (3)  Inflicting false imprisonment pursuant to 18 Pa.C.S.
    27     § 2903 (relating to false imprisonment).
    28         (4)  Physically or sexually abusing minor children,
    29     including such terms as defined in 23 Pa.C.S. Ch. 63
    30     (relating to child protective services).
    20010H0074B0059                  - 2 -

     1         (5)  Knowingly engaging in a course of conduct or
     2     repeatedly committing acts toward another person, including
     3     following the person, without proper authority, under
     4     circumstances which place the person in reasonable fear of
     5     bodily injury.
     6     "Family or household members."  Spouses or persons who have
     7  been spouses, persons living as spouses or who lived as spouses,
     8  parents and children, other persons related by consanguinity or
     9  affinity, current or former sexual or intimate partners or
    10  persons who share biological parenthood.
    11     "Secretary."  The Secretary of Education of the Commonwealth.
    12  Section 4.  Powers and duties.
    13     The secretary shall, in consultation with the Physician
    14  General of the Commonwealth, the Pennsylvania Coalition Against
    15  Domestic Violence, the Pennsylvania State Police and any other
    16  entities deemed necessary, develop a model domestic abuse
    17  awareness program which shall be used by public schools.
    18  Section 5.  Program goal and availability.
    19     The Domestic Abuse Awareness Program shall be directed at:
    20         (1)  educating students to recognize the signs and
    21     effects of domestic abuse; and
    22         (2)  making students aware of avenues to seek assistance
    23     when confronted with domestic violence.
    24  The program shall be made available by the department to the
    25  public schools in this Commonwealth.
    26  Section 6.  Regulations.
    27     The department shall promulgate regulations to implement this
    28  act.
    29  Section 7.  Effective date.
    30     This act shall take effect in 180 days.
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