THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WASHINGTON, COSTA, FARNESE, FERLO, FONTANA, GREENLEAF, HUGHES, LOGAN, O'PAKE, RAFFERTY, STOUT, TARTAGLIONE, WARD AND BOSCOLA, JULY 3, 2010

REFERRED TO PUBLIC HEALTH AND WELFARE, JULY 3, 2010  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," further providing for

domestic violence and rape victims services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2333 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

added March 30, 1988 (P.L.329, No.44), is amended to read:

Section 2333.  Domestic Violence and Rape Victims Services.--

(a)  The General Assembly finds that the public health and

safety is threatened by increasing incidences of domestic

violence and rape. Domestic violence programs and rape crisis

programs provide needed support services for victims and assist

in prevention through community education. Therefore, the

General Assembly finds that it is in the public interest for the

Commonwealth to establish a mechanism to provide financial

assistance to domestic violence centers and rape crisis centers

for the operation of domestic violence and rape crisis programs.

(b)  Where any person after the effective date of this

section pleads guilty or nolo contendere to or is convicted of

any crime as herein defined, there shall be imposed, in addition

to all other costs, an additional cost in the sum of [ten

dollars ($10)] fifteen dollars ($15) for the purpose of funding

the services as described in this section. Such sum shall be

paid over to the State Treasurer to be deposited in the General

Fund. Under no condition shall a political subdivision be liable

for the payment of the [ten dollars ($10)] fifteen dollars ($15) 

in additional costs.

(c)  The Department of Public Welfare shall make grants to

domestic violence centers and rape crisis centers for the

operation of domestic violence programs and rape crisis programs

consistent with this section. In awarding grants, the Department

of Public Welfare shall consider the population to be served,

the geographical area to be serviced, the scope of the services,

the need for services and the amount of funds provided from

other sources.

(d)  The Department of Public Welfare shall make available at

cost to the public copies of applications that have been

submitted or approved for funding and reports on any fiscal or

programmatic reviews of funded programs.

(d.1)  All health care practitioners employed by or having

admitting privileges at a health care facility shall report to

the facility incidents of domestic violence determined through

treatment of a victim for injuries which the victim states

resulted from domestic violence or any injury which a

practitioner has reasonable cause to believe resulted from

domestic violence. All health care facilities shall track

incidents of domestic violence obtained from reports by health

care practitioners or documented in the facilities' medical

records and complete confidential medical data collection

reports, as promulgated by the Department of Health, for any

victim being treated for injuries which the victim states

resulted from domestic violence or which the health care

facility has reasonable cause to believe resulted from domestic

violence. The report may not identify a victim by name or by

information which would reveal the victim's identity. The report

shall be submitted to the Department of Health on an annual

basis, and the department shall submit a compilation of these

reports to the Department of Public Welfare annually.

(d.2)  All law enforcement officers shall report to their

assigned police departments incidents of domestic violence as

reported by the victim or any incident which the officer has

reasonable cause to believe resulted from domestic violence. The

Pennsylvania State Police and all police departments shall track

incidents of domestic violence and complete confidential medical

data collection reports, as promulgated by the Department of

Health, for any victim of domestic violence or which the

Pennsylvania State Police or police department has reasonable

cause to believe resulted from domestic violence. The report may

not identify a victim by name or by information which would

reveal the victim's identity. The report shall be submitted to

the Department of Health on an annual basis, and the department

shall submit a compilation of these reports to the Department of

Public Welfare annually.

(e)  As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Crime" means an act committed in Pennsylvania which, if

committed by a mentally competent, criminally responsible adult,

who had no legal exemption or defense, would constitute a crime

as defined in and proscribed by Title 18 of the Pennsylvania

Consolidated Statutes (relating to crimes and offenses) or

enumerated in the act of April 14, 1972 (P.L.233, No.64), known

as "The Controlled Substance, Drug, Device and Cosmetic Act."

However, no act involving the operation of a motor vehicle which

results in injury shall constitute a crime for the purpose of

this section unless such injury was intentionally inflicted

through the use of a motor vehicle.

"Domestic violence" means the occurrence of one or more of

the following acts between family or household members:

(1)  Intentionally, knowingly or recklessly causing or

attempting to cause bodily injury.

(2)  Placing, by physical menace, another in fear of imminent

serious bodily injury.

"Domestic violence center" means an organization, or the

coordinating body of an organization, which has as its primary

purpose the operation of domestic violence programs.

"Domestic violence program" means a program which has as its

primary purpose the provision of direct services to victims of

domestic violence and their children, including, but not limited

to, victim advocacy, counseling, shelter, information and

referral, victim-witness, accompaniment, community education and

prevention.

"Health care facility" means a facility that is authorized to

provide clinically related health service as defined in the act

of July 19, 1979 (P.L.130, No.48), known as the "Health Care

Facilities Act."

"Health care practitioner" means an individual who is

authorized to practice some component of the healing arts as

defined in the act of July 19, 1979 (P.L.130, No.48), known as

the "Health Care Facilities Act."

"Law enforcement officer" means a Pennsylvania State Police

officer or a police officer certified pursuant to 53 Pa.C.S. Ch.

21 Subch. D (relating to municipal police education and

training).

"Police department" means a public agency of a political

subdivision having general police powers and charged with making

arrests in connection with the enforcement of the criminal or

traffic laws.

"Rape crisis center" means an organization, or the

coordinating body of an organization, which has as its primary

purpose the operation of rape crisis programs.

"Rape crisis program" means a program which has as its

primary purpose the provision of direct services to victims of

sexual assault, including, but not limited to, crisis

intervention, counseling, victim advocacy, information and

referral, victim-witness and assistance, accompaniment through

the medical, police and judicial systems as well as providing

education and prevention programs on rape and sexual assaults.

"Sexual assault" means any conduct which is a crime under 18

Pa.C.S. Ch. 31 (relating to sexual offenses).

Section 2.  This act shall take effect in 60 days.