PRINTER'S NO. 3804
No. 2561 Session of 2006
INTRODUCED BY BENNINGHOFF, BARRAR, GOODMAN, BELFANTI,
CALTAGIRONE, CAPPELLI, CORNELL, CRAHALLA, DALLY, DeWEESE,
FRANKEL, GEIST, GINGRICH, HARHAI, HARHART, HARPER, HARRIS,
HERMAN, JAMES, KILLION, LEDERER, MACKERETH, MANDERINO, MANN,
R. MILLER, MUNDY, PARKER, PICKETT, SATHER, SAYLOR, SCAVELLO,
SIPTROTH, B. SMITH, SOLOBAY, SONNEY, STERN, R. STEVENSON,
J. TAYLOR, THOMAS, TRUE, YOUNGBLOOD AND DENLINGER,
APRIL 3, 2006
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2006
AN ACT
1 Providing for a sexual assault evidence collection program and
2 for powers and duties of the Department of Health and the
3 Pennsylvania State Police; and establishing civil immunity.
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 Sexual
8 Assault Testing and Evidence Collection Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Child advocacy center." A local public agency in this
14 Commonwealth or a not-for-profit entity incorporated in this
15 Commonwealth that is tax exempt under section 501(c)(3) of the
1 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
2 501(c)(3)) or any successor provision that operates within this
3 Commonwealth for the primary purpose of providing a child-
4 focused, facility-based program dedicated to coordinating a
5 formalized multidisciplinary response to suspected child abuse.
6 At a minimum, either on site or through a partnership with
7 another entity or entities, a child advocacy center shall assist
8 county agencies, investigative teams and law enforcement by
9 providing services, including forensic interviews, medical
10 evaluations, therapeutic interventions, victim support and
11 advocacy, team case reviews and a system for case tracking.
12 "Date rape drug." Any sedating substance that can be used to
13 incapacitate a victim, making that person more susceptible to
14 sexual assault, including, but not limited to, Rohypnol,
15 Ketamine, GHB, MDMA (Ecstasy) and their derivatives.
16 "PCAR." The Pennsylvania Coalition Against Rape.
17 "Rape kit." A sexual assault evidence collection kit.
18 "SART." The Sexual Assault Response Team.
19 "Sexual assault." Any of the offenses specified in 18
20 Pa.C.S. Ch. 31 Subch. B (relating to definition of offenses).
21 "Victim of sexual assault" or "victim." A person who
22 represents to a health care professional, hospital or other
23 health care facility that the person has experienced a sexual
24 assault.
25 Section 3. Sexual assault evidence collection program.
26 (a) Establishment.--There is hereby established a Statewide
27 sexual assault evidence collection program to promote the health
28 and safety of victims of sexual assault and to facilitate the
29 prosecution of persons accused of sexual assault. This program
30 shall be administered by the Department of Health. Under this
20060H2561B3804 - 2 -
1 program the Department of Health shall:
2 (1) Consult with PCAR and the Pennsylvania State Police
3 to develop minimum standard requirements for all rape kits
4 used in hospitals, health care facilities and child advocacy
5 centers in this Commonwealth.
6 (2) Test and approve commercially available rape kits
7 for use in this Commonwealth.
8 (3) Review the minimum standard requirements for rape
9 kits and prior-approved rape kits every three years to assure
10 that rape kits meet state-of-the-art minimum standards.
11 (4) Consult with PCAR, the Pennsylvania State Police,
12 the International Association of Forensic Nurses, the
13 Hospital and Healthsystem Association of Pennsylvania and any
14 local SART to establish a program to train hospital and
15 health care facility personnel in the correct use and
16 application of rape kits in order to maximize the health and
17 safety of the victim and the potential to collect useful
18 admissible evidence to prosecute persons accused of sexual
19 assault.
20 (b) Duties of Pennsylvania State Police.--
21 (1) Where local law enforcement is unable to do so, the
22 Pennsylvania State Police shall be responsible for collecting
23 rape kits from hospitals and health care facilities after the
24 kits have been used to collect evidence.
25 (2) When requested by local law enforcement, district
26 attorneys or the Office of Attorney General, the Pennsylvania
27 State Police shall be responsible for the analysis and
28 laboratory testing of collected evidence, including samples
29 that may contain traces of a date rape drug.
30 (3) The Pennsylvania State Police shall establish and
20060H2561B3804 - 3 -
1 include as part of existing training programs for local law
2 enforcement training to ensure that the chain of custody of
3 all rape kits is established, to minimize any risk of
4 tampering with evidence included in the rape kit and to
5 insure that all useful and proper evidence in addition to the
6 rape kit is collected at the hospital or health care
7 facility.
8 Section 4. Civil immunity.
9 A health care professional, including a physician, nurse or
10 health care provider, and a health care institution, including a
11 hospital, clinic or health care facility, that provides evidence
12 or information to a law enforcement officer pursuant to the
13 request or consent of the victim is immune from any civil or
14 professional liability that might arise from the action, with
15 the exception of willful or wanton misconduct.
16 Section 20. Effective date.
17 This act shall take effect in 60 days.
B16L35AJM/20060H2561B3804 - 4 -