HOUSE AMENDED
PRIOR PRINTER'S NOS. 462, 1797 PRINTER'S NO. 2074
No. 439 Session of 2005
INTRODUCED BY ORIE, STOUT, COSTA, TARTAGLIONE, TOMLINSON,
WONDERLING, GORDNER, RAFFERTY, KITCHEN, REGOLA, GREENLEAF,
LEMMOND, STACK, BRIGHTBILL AND BOSCOLA, MARCH 22, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 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
16 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
17 501(c)(3)) or any successor provision, which operates within
1 this Commonwealth, for the primary purpose of providing a child-
2 focused, facility-based program dedicated to coordinating a
3 formalized multidisciplinary response to suspected child abuse.
4 At a minimum, either onsite or through a partnership with
5 another entity or entities, a child advocacy center shall assist
6 county agencies, investigative teams and law enforcement by
7 providing services, including forensic interviews, medical
8 evaluations, therapeutic interventions, victim support and
9 advocacy, team case reviews and a system for case tracking.
10 "Date rape drug." Any sedating substance that can be used to
11 incapacitate a victim, making that person more susceptible to
12 sexual assault, including, but not limited to, Rohypnol,
13 Ketamine, GHB, MDMA (Ecstasy) and their derivatives.
14 "PCAR." The Pennsylvania Coalition Against Rape.
15 "Rape kit." A sexual assault evidence collection kit.
16 "SART." The Sexual Assault Response Team.
17 "Sexual assault." Any of the offenses specified in 18
18 Pa.C.S. Ch. 31 Subch. B (relating to definition of offenses).
19 "Victim of sexual assault" or "victim." A person who
20 represents to a health care professional, hospital or other
21 health care facility that the person has experienced a sexual
22 assault.
23 Section 3. Sexual assault evidence collection program.
24 (a) Establishment.--There is hereby established a Statewide
25 sexual assault evidence collection program to promote the health
26 and safety of victims of sexual assault and to facilitate the
27 prosecution of persons accused of sexual assault. This program
28 shall be administered by the Department of Health. Under this
29 program the Department of Health shall:
30 (1) Consult with PCAR and the Pennsylvania State Police
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1 to develop minimum standard requirements for all rape kits
2 used in hospitals and health care facilities in this
3 Commonwealth.
4 (2) Test and approve commercially available rape kits
5 for use in this Commonwealth.
6 (3) Review the minimum standard requirements for rape
7 kits and prior-approved rape kits every three years to assure
8 that rape kits meet state-of-the-art minimum standards.
9 (4) Consult with PCAR, the Pennsylvania State Police,
10 the International Association of Forensic Nurses, the
11 Hospital and Healthsystem Association of Pennsylvania and any
12 local SART to establish a program to train hospital, child
13 advocacy center and health care facility personnel in the
14 correct use and application of rape kits in order to maximize
15 the health and safety of the victim and the potential to
16 collect useful admissible evidence to prosecute persons
17 accused of sexual assault.
18 (b) Duties of Pennsylvania State Police.--
19 (1) Where local law enforcement is unable to do so, the <--
20 Pennsylvania State Police shall be responsible for collecting
21 rape kits from hospitals, child advocacy centers and health
22 care facilities after the kits have been used to collect
23 evidence.
24 (2) (1) When requested by local law enforcement, <--
25 district attorneys or the Office of Attorney General, the
26 Pennsylvania State Police shall be responsible for ENSURE <--
27 THAT the analysis and laboratory testing of collected
28 evidence, including samples that may contain traces of a date
29 rape drug, ARE ACCOMPLISHED. <--
30 (3) (2) The Pennsylvania State Police shall establish <--
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1 and include as part of existing training programs for local
2 law enforcement training to ensure that the chain of custody
3 of all rape kits is established, to minimize any risk of
4 tampering with evidence included in the rape kit and to
5 insure ENSURE that all useful and proper evidence in addition <--
6 to the 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, child advocacy center or health care facility,
12 that provides evidence or information to a law enforcement
13 officer pursuant to THIS ACT AT the request or consent of the <--
14 victim is immune from any civil or professional liability that
15 might arise from the action, with the exception of willful or
16 wanton misconduct.
17 Section 20. Effective date.
18 This act shall take effect in 60 days.
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