PRINTER'S NO. 1265
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
970
Session of
2021
INTRODUCED BY BROOKS, MARTIN, MENSCH, J. WARD, COSTA, SCAVELLO
AND STEFANO, DECEMBER 10, 2021
REFERRED TO HEALTH AND HUMAN SERVICES, DECEMBER 10, 2021
AN ACT
Amending the act of November 29, 2006 (P.L.1471, No.165),
entitled "An act providing for a sexual assault evidence
collection program and for powers and duties of the
Department of Health and the Pennsylvania State Police;
establishing civil immunity; and providing for rights of
sexual assault victims," further providing for definitions
and for sexual assault evidence collection program; and
providing for noncompliance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of November 29, 2006
(P.L.1471, No.165), known as the Sexual Assault Testing and
Evidence Collection Act, is amended by adding a definition to
read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Sexual abuse or exploitation." The term as defined under 23
Pa.C.S. ยง 6303 (relating to definitions).
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* * *
Section 2. Section 3 heading and (a) introductory paragraph
of the act are amended and subsection (a) is amended by adding a
paragraph to read:
Section 3. Sexual assault or exploitation reporting evidence
collection program.
(a) Establishment.--There is hereby established a Statewide
sexual assault [evidence collection program to promote the
health and safety of victims of sexual assault and to facilitate
the prosecution of persons accused of sexual assault. This
program shall be administered by the department.] or
exploitation reporting program to promote the health and safety
of minors, to facilitate the prosecution of persons willfully
failing to report child abuse and to collect evidence sufficient
to determine paternity DNA in the case of an investigation.
Under this program the department shall:
* * *
(7) During its annual inspection of health care
facilities, conduct a compliance review of records of
all individuals who are younger than 14 years of age. Each
inspection shall include a physical inspection of the records
as to whether child protective services or a law enforcement
agency was notified of suspected sexual abuse or exploitation
of the child as required under 23 Pa.C.S. Ch. 63 (relating to
child protective services). If the inspection reveals that
child protective services or a law enforcement agency was not
notified of suspected sexual abuse or exploitation, the
department must notify child protective services or a law
enforcement agency as required under 23 Pa.C.S. Ch. 63. The
results of the compliance review shall be published on the
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department's publicly accessible Internet website. The
results shall omit all personal identifying information of
the victim.
* * *
Section 3. The act is amended by adding a section to read:
Section 4.1. Noncompliance.
(a) Health care facilities.--
(1) If, during a compliance review conducted under
section 3(a)(7), the inspection reveals that child protective
services or a law enforcement agency was not notified of
suspected sexual abuse or exploitation of the child as
required under 23 Pa.C.S. Ch. 63 (relating to child
protective services), the following shall apply:
(i) The parent or guardian of the victim who is
under 17 years of age may bring a civil action against
the health care facility.
(ii) The department must refer the violation of 23
Pa.C.S. Ch. 63 to the Pennsylvania State Police and the
appropriate medical licensing board for prosecution and
investigation.
(2) If, during a compliance review conducted under
section 3(a)(7), the health care facility willfully fails to
provide the records required for the review to the Department
of Health, the health care facility shall be guilty of a
misdemeanor of the third degree.
(b) Department of Health.--If, during a compliance review
conducted under section 3(a)(7), the inspection reveals that
child protective services or a law enforcement agency was not
notified of suspected sexual abuse or exploitation and the
inspector from the department willfully does not notify child
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protective services or a law enforcement agency as required
under 23 Pa.C.S. Ch. 63, the inspector shall be guilty of a
misdemeanor of the third degree.
Section 4. The addition of the definition of "sexual abuse
or exploitation" in section 2, section 3(a)(7) and section 4.1
of the act shall apply to annual inspections of health care
facilities conducted on and after the effective date of this
section.
Section 5. This act shall take effect in 30 days.
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