1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," further providing for
21domestic violence and rape victims services.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. Section 2333 of the act of April 9, 1929 
25(P.L.177, No.175), known as The Administrative Code of 1929,

1added March 30, 1988 (P.L.329, No.44), is amended to read:

2Section 2333. Domestic Violence and Rape Victims Services.--
3(a) The General Assembly finds that the public health and
4safety is threatened by increasing incidences of domestic
5violence and rape. Domestic violence programs and rape crisis
6programs provide needed support services for victims and assist
7in prevention through community education. Therefore, the
8General Assembly finds that it is in the public interest for the
9Commonwealth to establish a mechanism to provide financial
10assistance to domestic violence centers and rape crisis centers
11for the operation of domestic violence and rape crisis programs.

12(b) Where any person after the effective date of this
13section pleads guilty or nolo contendere to or is convicted of
14any crime as herein defined, there shall be imposed, in addition
15to all other costs, an additional cost in the sum of [ten
16dollars ($10)] fifteen dollars ($15) for the purpose of funding
17the services as described in this section. Such sum shall be
18paid over to the State Treasurer to be deposited in the General
19Fund. Under no condition shall a political subdivision be liable
20for the payment of the [ten dollars ($10)] fifteen dollars ($15)
21in additional costs.

22(c) The Department of Public Welfare shall make grants to
23domestic violence centers and rape crisis centers for the
24operation of domestic violence programs and rape crisis programs
25consistent with this section. In awarding grants, the Department
26of Public Welfare shall consider the population to be served,
27the geographical area to be serviced, the scope of the services,
28the need for services and the amount of funds provided from
29other sources.

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

1cost to the public copies of applications that have been
2submitted or approved for funding and reports on any fiscal or
3programmatic reviews of funded programs.

4(d.1) All health care practitioners employed by or having
5admitting privileges at a health care facility shall report to
6the facility incidents of domestic violence determined through
7treatment of a victim for injuries which the victim states
8resulted from domestic violence or any injury which a
9practitioner has reasonable cause to believe resulted from
10domestic violence. All health care facilities shall track
11incidents of domestic violence obtained from reports by health
12care practitioners or documented in the facilities' medical
13records and complete confidential medical data collection
14reports, as promulgated by the Department of Health, for any
15victim being treated for injuries which the victim states
16resulted from domestic violence or which the health care
17facility has reasonable cause to believe resulted from domestic
18violence. The report may not identify a victim by name or by
19information which would reveal the victim's identity. The report
20shall be submitted to the Department of Health on an annual
21basis, and the department shall submit a compilation of these
22reports to the Department of Public Welfare annually.

23(d.2) All law enforcement officers shall report to their
24assigned police departments incidents of domestic violence as
25reported by the victim or any incident which the officer has
26reasonable cause to believe resulted from domestic violence. The
27Pennsylvania State Police and all police departments shall track
28incidents of domestic violence and complete confidential medical
29data collection reports, as promulgated by the Department of
30Health, for any victim of domestic violence or which the

1Pennsylvania State Police or police department has reasonable
2cause to believe resulted from domestic violence. The report may
3not identify a victim by name or by information which would
4reveal the victim's identity. The report shall be submitted to
5the Department of Health on an annual basis, and the department
6shall submit a compilation of these reports to the Department of
7Public Welfare annually.

8(e) As used in this section, the following words and phrases
9shall have the meanings given to them in this subsection:

10"Crime" means an act committed in Pennsylvania which, if
11committed by a mentally competent, criminally responsible adult,
12who had no legal exemption or defense, would constitute a crime
13as defined in and proscribed by Title 18 of the Pennsylvania
14Consolidated Statutes (relating to crimes and offenses) or
15enumerated in the act of April 14, 1972 (P.L.233, No.64), known
16as "The Controlled Substance, Drug, Device and Cosmetic Act."
17However, no act involving the operation of a motor vehicle which
18results in injury shall constitute a crime for the purpose of
19this section unless such injury was intentionally inflicted
20through the use of a motor vehicle.

21"Domestic violence" means the occurrence of one or more of
22the following acts between family or household members:

23(1) Intentionally, knowingly or recklessly causing or
24attempting to cause bodily injury.

25(2) Placing, by physical menace, another in fear of imminent
26serious bodily injury.

27"Domestic violence center" means an organization, or the
28coordinating body of an organization, which has as its primary
29purpose the operation of domestic violence programs.

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

1primary purpose the provision of direct services to victims of
2domestic violence and their children, including, but not limited
3to, victim advocacy, counseling, shelter, information and
4referral, victim-witness, accompaniment, community education and
5prevention.

6"Health care facility" means a facility that is authorized to
7provide clinically related health service as defined in the act
8of July 19, 1979 (P.L.130, No.48), known as the "Health Care
9Facilities Act."

10"Health care practitioner" means an individual who is
11authorized to practice some component of the healing arts as
12defined in the act of July 19, 1979 (P.L.130, No.48), known as
13the "Health Care Facilities Act."

14"Law enforcement officer" means a Pennsylvania State Police
15officer or a police officer certified pursuant to 53 Pa.C.S. Ch. 
1621 Subch. D (relating to municipal police education and
17training).

18"Police department" means a public agency of a political
19subdivision having general police powers and charged with making
20arrests in connection with the enforcement of the criminal or
21traffic laws.

22"Rape crisis center" means an organization, or the
23coordinating body of an organization, which has as its primary
24purpose the operation of rape crisis programs.

25"Rape crisis program" means a program which has as its
26primary purpose the provision of direct services to victims of
27sexual assault, including, but not limited to, crisis
28intervention, counseling, victim advocacy, information and
29referral, victim-witness and assistance, accompaniment through
30the medical, police and judicial systems as well as providing

1education and prevention programs on rape and sexual assaults.

2"Sexual assault" means any conduct which is a crime under 18 
3Pa.C.S. Ch. 31 (relating to sexual offenses).

4Section 2. This act shall take effect in 60 days.