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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY SCHWANK, FONTANA, BAKER, YUDICHAK, BREWSTER, FARNESE, SOLOBAY, GREENLEAF AND LEACH, JANUARY 31, 2012 |
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| REFERRED TO JUDICIARY, JANUARY 31, 2012 |
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| AN ACT |
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1 | Amending the act of November 29, 2004 (P.L.1383, No.180), |
2 | entitled "An act requiring institutions of higher education |
3 | to provide students and employees with information relating |
4 | to crime statistics and security measures and to provide |
5 | similar information to prospective students and employees |
6 | upon request; granting powers to the State Board of |
7 | Education; establishing a uniform crime reporting program; |
8 | requiring all county and municipal law enforcement agencies |
9 | to report certain information occurring within the respective |
10 | jurisdictions; imposing duties on the Pennsylvania Commission |
11 | on Crime and Delinquency; authorizing the Pennsylvania State |
12 | Police to collect and gather information on crime and make |
13 | annual reports; providing for penalties; and making a related |
14 | repeal," further providing for crime statistics and security |
15 | policies and procedures; and providing for Pennsylvania safe |
16 | campuses. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 303(b) of the act of November 29, 2004 |
20 | (P.L.1383, No.180), known as the Uniform Crime Reporting Act, is |
21 | amended to read: |
22 | Section 303. Crime statistics and security policies and |
23 | procedures. |
24 | * * * |
25 | (b) Publishing and distributing reports.--Each institution |
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1 | of higher education shall publish and distribute a report which |
2 | shall be updated annually and which shall include the crime |
3 | statistics as reported under subsections (a) and (b.2) for the |
4 | most recent three-year period. Crime rates shall also be |
5 | included in the report. The crime rates reported shall be based |
6 | on the numbers and categories of crimes reported under |
7 | subsections (a) and (b.2) and the number of full-time equivalent |
8 | undergraduate and graduate students (FTES) and full-time |
9 | equivalent employees at the institution of higher education. |
10 | [Upon] The report shall be posted on the official Internet |
11 | website of the institution and upon request, the institution |
12 | shall provide the report to every person who submits an |
13 | application for admission to either a main or branch campus and |
14 | to each new employee at the time of employment. In its |
15 | acknowledgment of receipt of the formal application of |
16 | admission, the institution shall notify the applicant of the |
17 | availability of such information. The information shall also be |
18 | provided on an annual basis to all students and employees. |
19 | Institutions with more than one campus shall provide the |
20 | required information on a campus-by-campus basis. |
21 | * * * |
22 | Section 2. The act is amended by adding a chapter to read: |
23 | Chapter 3-A |
24 | Pennsylvania Safe Campuses |
25 | Section 301-A. Scope of chapter. |
26 | This chapter relates to reporting, policy and program |
27 | requirements concerning sexual assault and intimate partner |
28 | violence on campuses of institutions of higher education. |
29 | Section 302-A. Definitions. |
30 | The following words and phrases when used in this chapter |
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1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Awareness program." A program designed to communicate the |
4 | nature and risk of sexual assaults and intimate partner |
5 | violence. |
6 | "Institution of higher education." As defined under section |
7 | 302. |
8 | "Intimate partner violence." The commission of, attempt to |
9 | commit or conspiracy to commit an act constituting abuse within |
10 | the meaning of 23 Pa.C.S. Ch. 61 (relating to protection from |
11 | abuse) where the actor is or was the spouse of or in a dating |
12 | relationship with the victim. |
13 | "Prevention program." A program designed to prevent sexual |
14 | assault and intimate partner violence. |
15 | "Sexual assault." The commission of, attempt to commit and |
16 | conspiracy to commit an act prohibited under 18 Pa.C.S. Ch. 31 |
17 | (relating to sexual offenses). |
18 | "Valid complaint." As defined under section 302. |
19 | "Victim." A victim of sexual assault or intimate partner |
20 | violence. |
21 | Section 303-A. Sexual assault and intimate partner violence |
22 | reporting. |
23 | (a) Reporting requirements.--An institution of higher |
24 | education shall annually include in the report required under |
25 | section 303 the security policies specifically relating to and |
26 | the number of valid complaints of sexual assault and intimate |
27 | partner violence reported on its campus, including: |
28 | (1) The number of valid complaints of sexual assault and |
29 | intimate partner violence reported to campus police, campus |
30 | security officers or State, county or local police as |
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1 | follows: |
2 | (i) beginning one year after the effective date of |
3 | this section, the information shall be reported for the |
4 | immediately preceding calendar year; |
5 | (ii) beginning two years after the effective date of |
6 | this section, the information shall be reported for the |
7 | two immediately preceding calendar years; and |
8 | (iii) beginning three years after the effective date |
9 | of this section and thereafter, the information shall be |
10 | reported for the three immediately preceding calendar |
11 | years. |
12 | (2) A statement indicating where information concerning |
13 | the location of offenders subject to 42 Pa.C.S. Ch. 97 Subch. |
14 | H (relating to registration of sexual offenders) can be |
15 | obtained. |
16 | (3) A description of programs available to students, |
17 | employees and other institution of higher education officials |
18 | concerning the institution's security procedures and |
19 | practices relating to sexual assault and intimate partner |
20 | violence. |
21 | (b) Interim reports.--Reports of incidents that represent a |
22 | potential threat to other parties shall be publicly and timely |
23 | disclosed in a manner that is prudent to prevent harm and to |
24 | protect the confidentiality of the prior victim. |
25 | Section 304-A. Policies required. |
26 | An institution of higher education shall have a policy that |
27 | informs students, employees and officials of the institution of |
28 | the rights of victims and the responsibilities of witnesses of |
29 | sexual assault and intimate partner violence and sets forth the |
30 | manner for informing them of their rights and responsibilities. |
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1 | The policy shall include all of the following: |
2 | (1) All instances of sexual assault or intimate partner |
3 | violence involving a minor that are required under Federal or |
4 | State law to be reported to law enforcement authorities shall |
5 | be reported without delay. |
6 | (2) Victims shall be provided with written, plain |
7 | language information that identifies the availability of and |
8 | contact information for local medical, mental health and |
9 | legal assistance services and the procedures a victim should |
10 | follow after an incident of sexual assault or intimate |
11 | partner violence. |
12 | (3) Student and employee victims shall be informed of |
13 | assistance that is available to them from the institution of |
14 | higher education in making appropriate changes to academic, |
15 | living, transportation or work circumstances as a result of |
16 | sexual assault or intimate partner violence. |
17 | Section 305-A. Sexual assault and intimate partner violence |
18 | prevention and awareness program. |
19 | (a) Program requirements.--An institution of higher |
20 | education shall offer a program on prevention and awareness of |
21 | sexual assault and intimate partner violence for all students |
22 | and employees. The program shall: |
23 | (1) Provide information on the nature and dynamics of |
24 | sexual assault and intimate partner violence, including the |
25 | meaning of consent and the number of valid complaints of |
26 | sexual assault and intimate partner violence at the |
27 | institution during the most recently concluded calendar year |
28 | and the immediately preceding two calendar years. |
29 | (2) Provide information on sanctions called for under |
30 | institutional disciplinary proceedings and on potential |
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1 | criminal and civil liability. |
2 | (3) Provide information on procedures that should be |
3 | followed, including the preservation of evidence, contacting |
4 | law enforcement and victim assistance agencies and the |
5 | availability of assistance from the institution to notify |
6 | civil authorities of incidents of sexual assault or intimate |
7 | partner violence. |
8 | (4) Provide information on the availability of |
9 | counseling, mental health or other services for victims on |
10 | campus or in the community. |
11 | (5) Provide information relating to bystander |
12 | intervention and risk-reduction strategies. |
13 | (b) Construction.--This section shall not be construed to |
14 | require particular programs, policies or procedures. |
15 | Section 306-A. Interpretation. |
16 | The provisions of this chapter shall not confer a private |
17 | right of action to enforce its provisions, to establish a |
18 | specific standard of care or a civil cause of action or to |
19 | require the reporting or disclosure of privileged information. |
20 | Evidence of compliance or noncompliance shall not be admissible |
21 | as evidence in a proceeding before a court, agency, board or |
22 | other entity except with respect to an action to enforce the |
23 | provisions of this act. |
24 | Section 307-A. Enforcement. |
25 | (a) Action to compel compliance.--The Attorney General may |
26 | bring an action in the name of the Commonwealth against an |
27 | institution of higher education to compel compliance with this |
28 | chapter. |
29 | (b) Civil penalty.--In an action by the Attorney General to |
30 | compel compliance with this chapter, the court may award a civil |
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1 | penalty as follows: |
2 | (1) Not more than $1,000 for each day of violation for |
3 | willful noncompliance or failure to promptly comply with an |
4 | order of the court to comply with the provisions of this |
5 | chapter. |
6 | (2) Not more than $25,000 for the first case of |
7 | intentional misrepresentation or concealment by an |
8 | institution of higher education of a valid complaint required |
9 | to be reported under this chapter. |
10 | (3) Not more than $50,000 for a second or subsequent |
11 | intentional misrepresentation or concealment by an |
12 | institution of higher education of a valid complaint required |
13 | to be reported under this chapter. |
14 | Section 308-A. Rules and regulations. |
15 | The State Board of Education may, in the manner provided by |
16 | law, promulgate the rules and regulations necessary to carry out |
17 | this chapter. |
18 | Section 3. This act shall take effect in 180 days. |
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