Regular Session 2015-2016 Senate Bill 1309 P.N. 1906

PRINTER'S NO. 1906

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1309

Session of

2015

INTRODUCED BY SCHWANK, FONTANA, EICHELBERGER, BLAKE, SABATINA,

LEACH, COSTA, VULAKOVICH, RAFFERTY, YUDICHAK, BREWSTER,

MENSCH AND TARTAGLIONE, JUNE 10, 2016

REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 10, 2016

AN ACT

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

as amended, "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; providing for the

regulation of pari-mutuel thoroughbred horse racing and

harness horse racing activities, imposing certain taxes and

providing for the disposition of funds from pari-mutuel

tickets; 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," in powers and duties of the Department of

Public Welfare and its departmental administrative and

advisory boards and commissions, further providing for

domestic violence and rape victims services; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Article XXIII of the act of April

9, 1929 (P.L.177, No.175), known as The Administrative Code of

1929, amended July 13, 1957 (P.L.852, No.390), is amended to

read:

ARTICLE XXIII

POWERS AND DUTIES OF THE DEPARTMENT OF

[PUBLIC WELFARE] HUMAN SERVICES AND ITS DEPARTMENTAL

ADMINISTRATIVE AND ADVISORY BOARDS

AND COMMISSIONS

Section 2. Section 2333(c), (d) and (e) of the act, added

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

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

* * *

(1) The Department of [Public Welfare] Human Services 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.]

(2) Grants may be made to domestic violence centers and rape

crisis centers in whatever combination or manner that ensures

the most effective delivery of victim services. The Department

of Human Services shall adopt regulations that establish a

formula and eligibility for grants that shall provide for access

to services in every community, and consider the following for

each center receiving a grant:

(i) the number of residents in the municipalities to be

20160SB1309PN1906 - 2 -

served;

(ii) the type and extent of services to be provided;

(iii) the level of demand for services;

(iv) the level of unmet services;

(v) the degree to which grants under this section are used

for direct services to victims and dependents;

(vi) the degree to which other funding sources are used to

complement or support such services; and

(vii) cost efficiency and nonduplication of services.

(3) Other factors than those provided under paragraph (2)

may be considered only to the extent they impact the delivery of

services to victims and dependents.

(4) The Department of Human Services shall require that each

center receiving a grant complies with appropriate accounting

standards, and may promulgate regulations regarding forfeiture

of grant money for failure to comply with appropriate accounting

standards.

(d) The Department of [Public Welfare] Human Services 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.

(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."

20160SB1309PN1906 - 3 -

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:

(1) an organization[,] which has as its primary purpose the

operation of domestic violence programs; or

(2) the coordinating body of [an organization,]

organizations 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.

"Rape crisis center" means:

(1) an organization[,] which has its primary purpose the

operation of rape crisis programs; or

(2) 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

20160SB1309PN1906 - 4 -

intervention, counseling, victim advocacy, information and

referral, victim-witness and assistance, accompaniment through

the medical, police and judicial systems as well as providing

community 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 3. This act shall take effect immediately.

20160SB1309PN1906 - 5 -