PRINTER'S NO. 3421

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2569 Session of 1978


        INTRODUCED BY McCLATCHY, LINCOLN, REED, O'CONNELL, ZORD, NOYE,
           MEBUS, DAVIES, LEHR, W. D. HUTCHINSON, BROWN, HALVERSON,
           FREIND, HELFRICK, J. L. WRIGHT JR., PYLES, KATZ, DiCARLO,
           CESSAR, VROON, E. Z. TAYLOR, POTT, GALLEN, COHEN, KNEPPER
           AND CIMINI, JUNE 13, 1978

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 1978

                                     AN ACT

     1  Providing for services with regard to victims of criminal sexual
     2     conduct; establishing a criminal sexual conduct prevention
     3     training and education program; establishing a grant program;
     4     imposing certain powers and duties on the Commission for
     5     Women; and making an appropriation.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the "Criminal
    10  Sexual Conduct Prevention Act."
    11  Section 2.  Findings and purposes.
    12     (a)  The General Assembly finds that:
    13         (1)  Criminal sexual conduct is one of the most
    14     underreported and rapidly increasing crimes in the
    15     Commonwealth.
    16         (2)  Victims of criminal sexual conduct are physically
    17     and psychologically abused in the course of being attacked.
    18         (3)  Society has traditionally censured the victim of

     1     criminal sexual conduct, thereby prolonging the psychological
     2     stresses upon said victim after the attack.
     3         (4)  Victims of criminal sexual conduct should be treated
     4     with sensitivity and understanding by medical, police and
     5     legal personnel and society as a whole.
     6         (5)  There is a need to coordinate services and programs
     7     available to victims and to study the effectiveness of
     8     existing laws dealing with criminal sexual conduct.
     9         (6)  There are a number of centers throughout the
    10     Commonwealth providing counseling and supportive services to
    11     victims of criminal sexual conduct, which are experiencing
    12     financial difficulties.
    13     (b)  Pursuant to these findings, the General Assembly states
    14  that the purposes of this act are to:
    15         (1)  Establish, for a period not to exceed two years, a
    16     criminal sexual conduct prevention training and education
    17     program in order to gather and maintain expertise in dealing
    18     with the problems of victims of criminal sexual conduct and
    19     the prevention of the crime.
    20         (2)  Educate and sensitize the public generally and
    21     particularly those persons who have direct contact with
    22     victims.
    23         (3)  Coordinate efforts of persons having direct contact
    24     with victims hospital personnel, municipal and State police.
    25         (4)  Encourage police forces to utilize female personnel
    26     in the handling of the crime since the majority of victims
    27     are female.
    28         (5)  Make grants to organizations, including those known
    29     as rape crisis centers, which offer counseling and supportive
    30     services to victims of criminal sexual conduct.
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     1  Section 3.  Definitions.
     2     The following words and phrases when used in this act shall
     3  have, unless the context clearly indicates otherwise, the
     4  meanings given to them in this section:
     5     "Commission."  The Commission for Women.
     6     "Program."  A method for providing training and education to
     7  deal with the prevention of criminal sexual conduct and the
     8  problems of the crime's victims, and to educate and sensitize
     9  persons who have direct contact with such victims.
    10     "Rape crisis center."  An agency which provides direct
    11  service to the victims of criminal sexual conduct and the family
    12  and friends of the victim, including counseling, advocacy, and
    13  supportive services and which disseminates educational material
    14  and information to professionals and the public.
    15  Section 4.  Creation of program.
    16     The General Assembly hereby authorizes the funding of a
    17  program for a period of up to two years within the various
    18  counties of the Commonwealth. The educational program shall be
    19  developed by the commission and shall include those prevention,
    20  education and training methods deemed appropriate by the
    21  commission, including but not limited to those enumerated in
    22  section 5.
    23  Section 5.  Program.
    24     (a)  The program shall include methods of disseminating
    25  information such as public seminars, speaker's bureaus and media
    26  presentations. Presentations shall include, but not be limited
    27  to, as many of the following as are applicable to the audience
    28  involved: problems encountered by criminal sexual conduct
    29  victims; prevention and defense against criminal sexual conduct;
    30  recommended methods for use by professionals in handling
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     1  criminal sexual conduct cases; guidelines for obtaining complete
     2  and prompt medical care; disproving the repeated myths about
     3  rape and its victims; and publicizing existing rape crisis
     4  centers.
     5     (b)  The program shall be directed to: medical professionals;
     6  lawyers; municipal and State police; the new media; high school,
     7  junior high school and middle school students, teachers,
     8  counselors, administrators; women's organizations; civic and
     9  religious organizations and any other interested persons or
    10  groups. The program shall be presented in urban, suburban and
    11  rural areas.
    12     (c)  The program shall be presented in each of the 67
    13  counties during the two years duration of the program.
    14     (d)  The program may be coordinated with and jointly
    15  presented by the commission and any area rape crisis center
    16  having a similar education program.
    17  Section 6.  Grants to rape crisis centers.
    18     (a)  The commission shall, upon application on forms provided
    19  by the commission, make grants to rape crisis centers throughout
    20  the Commonwealth for any of the following reasons:
    21         (1)  the development and establishment of training
    22     programs for professional, paraprofessional, and volunteer
    23     personnel who are or will be engaged in areas relating to the
    24     problems of criminal sexual conduct;
    25         (2)  the development of programs of community education;
    26         (3)  necessary transportation costs including
    27     accompaniment to medical, social and legal services;
    28         (4)  self-help programs;
    29         (5)  the operation of telephone systems to provide
    30     assistance to the victim;
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     1         (6)  emergency shelter programs.
     2     (b)  Each entity participating in a program under this
     3  section shall:
     4         (1)  establish a recordkeeping system to insure the
     5     protection of the privacy of the victim, as well as other
     6     individuals involved;
     7         (2)  establish internal procedures to measure progress
     8     and achieving the goals stated by the grantee in its
     9     application; and
    10         (3)  establish a continuing education program for all
    11     staff members, both volunteered and paid.
    12     (c)  The commission, in awarding grants under this section,
    13  shall give priority to those applications which:
    14         (1)  are designed to deal directly with specific and
    15     serious problems relating primarily to criminal sexual
    16     conduct; and
    17         (2)  are likely to be successful in carrying out the
    18     purposes of the section.
    19     (d)  The commission shall review the effectiveness of the
    20  grant program.
    21     (e)  The commission in carrying out the provisions of this
    22  section shall seek to coordinate its activities with other
    23  activities relating to criminal sexual conduct carried out by
    24  other agencies of State Government.
    25     (f)  Not more than 50% of the costs of any project shall be
    26  funded by a grant under this section.
    27  Section 7.  Powers and duties of the commission.
    28     The commission have the power and its duty shall be:
    29         (1)  To develop and implement the educational program,
    30     including publicity for the provisions of the act pursuant to
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     1     section 5. Total prevention, training and education expenses
     2     shall not exceed $100,000 annually.
     3         (2)  To make grants to rape crisis centers. Total grants
     4     to rape crisis centers shall not exceed $500,000 annually.
     5         (3)  To employ such staff as it deems necessary to carry
     6     out the provisions of this act. The salaries and
     7     administrative expenses shall not exceed $50,000 annually.
     8         (4)  To transmit to the General Assembly an annual report
     9     of its program, budget and any recommendations pursuant to
    10     this act. The program established by this act shall not be
    11     funded for a succeeding year until such report is
    12     transmitted.
    13  Section 8.  Appropriation.
    14     The sum of $650,000, or as much thereof as may be necessary,
    15  is appropriated to the commission for the fiscal year 1978-1979
    16  to carry out the purpose of this act.
    17  Section 9.  Effective date.
    18     This act shall take effect July 1, 1978.








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