PRIOR PRINTER'S NO. 82
PRINTER'S NO. 3372
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
93
Session of
2023
INTRODUCED BY LEADBETER, D'ORSIE, GLEIM, HAMM, HEFFLEY, KEEFER,
KUTZ, MARCELL, OWLETT, PICKETT, ROWE, ROZZI, STEHR,
C. WILLIAMS AND ZIMMERMAN, MARCH 7, 2023
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 2024
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," IN SEXUAL VIOLENCE, DATING VIOLENCE,
DOMESTIC VIOLENCE AND STALKING EDUCATION, PREVENTION AND
RESPONSE AT INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE
LICENSED SCHOOLS, FURTHER PROVIDING FOR SCOPE OF ARTICLE, FOR
DEFINITIONS, FOR EDUCATION PROGRAM AND FOR FOLLOW-UP; in
miscellaneous provisions relating to institutions of higher
education, providing for human trafficking prevention and
education programs; AND MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
SECTION 1. ARTICLE XX-G HEADING AND SECTION 2001-G OF THE
ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC
SCHOOL CODE OF 1949, ARE AMENDED TO READ:
ARTICLE XX-G
SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE [AND],
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STALKING AND HUMAN TRAFFICKING EDUCATION, PREVENTION AND
RESPONSE AT INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE
LICENSED SCHOOLS
SECTION 2001-G. SCOPE OF ARTICLE.
THIS ARTICLE RELATES TO COLLEGE AND UNIVERSITY SEXUAL
VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE [AND], STALKING AND
HUMAN TRAFFICKING EDUCATION, PREVENTION AND RESPONSE.
SECTION 2. THE DEFINITION OF "EDUCATION PROGRAM" IN SECTION
2002-G OF THE ACT IS AMENDED AND THE SECTION IS AMENDED BY
ADDING DEFINITIONS TO READ:
SECTION 2002-G. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"EDUCATION PROGRAM." AN EVIDENCE-BASED SEXUAL VIOLENCE,
DATING VIOLENCE, DOMESTIC VIOLENCE [AND], STALKING AND HUMAN
TRAFFICKING PREVENTION AND AWARENESS EDUCATION PROGRAM UNDER
THIS ARTICLE.
"HUMAN TRAFFICKING." AS DEFINED IN 18 PA.C.S. § 3001
(RELATING TO DEFINITIONS).
"HUMAN TRAFFICKING ORGANIZATION." A NONPROFIT ORGANIZATION
THAT SPECIALIZES IN OUTREACH AND EDUCATION PROGRAMS ON HUMAN
TRAFFICKING.
* * *
"INVOLUNTARY SERVITUDE." AS DEFINED IN 18 PA.C.S. § 3001.
* * *
SECTION 3. SECTIONS 2003-G(A), (B) AND (C) AND 2004-G OF THE
ACT ARE AMENDED TO READ:
SECTION 2003-G. EDUCATION PROGRAM.
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(A) GENERAL RULE.--INSTITUTIONS OF HIGHER EDUCATION AND
PRIVATE LICENSED SCHOOLS SHALL ESTABLISH AND IMPLEMENT AN
EDUCATION PROGRAM FOR ALL STUDENTS. IN DEVELOPING OR
IMPLEMENTING AN EDUCATION PROGRAM, INSTITUTIONS OF HIGHER
EDUCATION AND PRIVATE LICENSED SCHOOLS SHALL CONSULT WITH A
LOCAL RAPE CRISIS CENTER [AND], DOMESTIC VIOLENCE PROGRAM AND
HUMAN TRAFFICKING ORGANIZATION, AS APPROPRIATE AND IF AVAILABLE.
THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA COALITION
AGAINST RAPE [AND], THE PENNSYLVANIA COALITION AGAINST DOMESTIC
VIOLENCE AND A NONPROFIT ORGANIZATION THAT SPECIALIZES IN
OUTREACH AND EDUCATION PROGRAMS ON HUMAN TRAFFICKING, SHALL
DEVELOP AN ONLINE CLEARINGHOUSE OF MODEL EDUCATION PROGRAMS AND
OTHER RESOURCES TO AID INSTITUTIONS OF HIGHER EDUCATION AND
PRIVATE LICENSED SCHOOLS IN FULFILLING THIS REQUIREMENT. EACH
EDUCATION PROGRAM SHALL PROVIDE THE FOLLOWING:
(1) A DISCUSSION OF SEXUAL VIOLENCE, DATING VIOLENCE,
DOMESTIC VIOLENCE [AND], STALKING AND HUMAN TRAFFICKING.
(2) A DISCUSSION OF CONSENT, INCLUDING AN EXPLANATION
THAT THE VICTIM IS NOT AT FAULT.
(3) A DISCUSSION OF DRUG AND ALCOHOL-FACILITATED SEXUAL
VIOLENCE.
(4) INFORMATION RELATING TO RISK EDUCATION AND PERSONAL
PROTECTION.
(5) INFORMATION ON WHERE AND HOW TO GET ASSISTANCE,
INCLUDING THE IMPORTANCE OF MEDICAL TREATMENT AND EVIDENCE
COLLECTION, AND HOW TO REPORT SEXUAL VIOLENCE TO CAMPUS
AUTHORITIES AND LOCAL LAW ENFORCEMENT.
(6) THE POSSIBILITY OF PREGNANCY AND TRANSMISSION OF
SEXUAL DISEASES.
(7) INTRODUCTION OF MEMBERS OF THE EDUCATIONAL COMMUNITY
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FROM:
(I) CAMPUS POLICE OR SECURITY AND LOCAL LAW
ENFORCEMENT.
(II) CAMPUS HEALTH CENTER, WOMEN'S CENTER AND RAPE
CRISIS CENTER.
(III) CAMPUS COUNSELING SERVICE OR ANY SERVICE
RESPONSIBLE FOR PSYCHOLOGICAL COUNSELING AND STUDENT
AFFAIRS.
(8) A PROMISE OF DISCRETION AND DIGNITY.
(9) A PROMISE OF CONFIDENTIALITY FOR VICTIMS OF SEXUAL
ASSAULT TO THE EXTENT ALLOWABLE BY LAW.
(10) INFORMATION REGARDING CONFIDENTIAL RESOURCES AND
SERVICES AVAILABLE FOR VICTIMS OF SEXUAL VIOLENCE, DATING
VIOLENCE, DOMESTIC VIOLENCE [AND], STALKING AND HUMAN
TRAFFICKING.
(B) [(RESERVED).] HUMAN TRAFFICKING SUBJECT MATTER.--
BEGINNING WITH THE 2025-2026 SCHOOL YEAR, THE HUMAN TRAFFICKING
PREVENTION COMPONENT OF AN EDUCATION PROGRAM SHALL PROVIDE
STUDENTS WITH, AT A MINIMUM, THE FOLLOWING INSTRUCTION:
(1) CURRENT FEDERAL AND STATE LAWS RELATING TO HUMAN
TRAFFICKING.
(2) FACTS AND STATISTICS RELATING TO HUMAN TRAFFICKING
IN THIS COMMONWEALTH AND THROUGHOUT THE UNITED STATES.
(3) METHODS BY WHICH HUMAN TRAFFICKERS COMPEL OR COERCE
VICTIMS TO ENGAGE IN INVOLUNTARY SERVITUDE, INCLUDING THE
RECRUITMENT OF POTENTIAL VICTIMS OVER SOCIAL MEDIA PLATFORMS
AND THE INTERNET.
(4) RISK FACTORS THAT MAY MAKE AN INDIVIDUAL MORE
VULNERABLE TO HUMAN TRAFFICKING.
(5) HOW TO IDENTIFY POTENTIAL VICTIMS OF SEXUAL
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SERVITUDE AND INVOLUNTARY SERVITUDE AND WHAT TO DO WHEN A
VICTIM IS IDENTIFIED.
(C) NOTIFICATION OF RIGHTS, ACCOMMODATIONS AND PROTECTIVE
MEASURES.--A CONCISE NOTIFICATION OF RIGHTS, ACCOMMODATIONS AND
PROTECTIVE MEASURES SHALL BE MADE AVAILABLE IN WRITING AND ON
THE INSTITUTION OF HIGHER EDUCATION'S OR PRIVATE LICENSED
SCHOOL'S PUBLICLY ACCESSIBLE INTERNET WEBSITE TO STUDENTS AND
EMPLOYEES, INCLUDING VICTIMS OF DATING VIOLENCE, DOMESTIC
VIOLENCE, SEXUAL VIOLENCE [AND], STALKING AND HUMAN TRAFFICKING,
REGARDLESS OF WHERE THE INCIDENCES OCCURRED, INCLUDING
INFORMATION REGARDING:
(1) EXISTING COUNSELING, MENTAL HEALTH, HEALTH CARE,
VICTIM ADVOCACY, LEGAL ASSISTANCE AND OTHER SERVICES
AVAILABLE FOR VICTIMS, BOTH WITHIN THE INSTITUTION OR SCHOOL
AND IN THE COMMUNITY.
(2) AVAILABLE OPTIONS AND ASSISTANCE REGARDING HOW TO
REPORT TO THE INSTITUTION OR SCHOOL, REPORT TO LAW
ENFORCEMENT, OBTAIN PROTECTIONS FROM ABUSE AND SEXUAL
VIOLENCE PROTECTION ORDERS, FILE FOR CRIME VICTIMS'
COMPENSATION AND ASSISTANCE PROGRAM AND REQUEST PROTECTIVE
MEASURES OR CHANGES TO ACADEMIC, LIVING, TRANSPORTATION,
WORKING SITUATIONS OR OTHER EDUCATIONAL ACTIVITIES.
* * *
SECTION 2004-G. FOLLOW-UP.
AN INSTITUTION OF HIGHER EDUCATION AND PRIVATE LICENSED
SCHOOL SHALL CONDUCT AT LEAST ONE FOLLOW-UP PROGRAM FOR THE
STUDENTS IN THE EDUCATION PROGRAM. THE FOLLOW-UP PROGRAM MAY
CONSIST OF THE FOLLOWING:
(1) LECTURERS AND INTERACTIVE LEARNING PROGRAMS RELATING
TO SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE [AND],
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STALKING AND HUMAN TRAFFICKING PREVENTION AND AWARENESS.
(2) INSTITUTIONAL ACTIVITIES RELATING TO SEXUAL
VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE [AND], STALKING
AND HUMAN TRAFFICKING PREVENTION AND AWARENESS.
(3) VIDEOS AND OTHER EDUCATIONAL MATERIALS RELATING TO
SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE [AND],
STALKING AND HUMAN TRAFFICKING PREVENTION AND AWARENESS.
SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
Section 2004-I. Human trafficking prevention and education
programs.
(a) Duty to provide.--An institution of higher education
shall provide first-year students voluntary access to at least
three in-depth prevention and education programs regarding human
trafficking at any time during the school year, including during
new student orientation activities.
(b) Program materials.--An institution of higher education
shall provide program materials relating to the human
trafficking prevention and education programs at no cost to
participating students and may utilize program materials offered
by a nonprofit organization that specializes in outreach and
education programs on human trafficking.
(c) Specific subject matter.--The human trafficking
prevention and education programs shall specifically provide
students the following:
(1) Definitions and nature of human trafficking.
(2) Current Federal and State laws relating to human
trafficking.
(3) Facts and statistics on human trafficking in this
Commonwealth and throughout the United States.
(4) How human traffickers profile victims.
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(5) The role of online computer activity.
(6) How demand is created and the industries that
influence human trafficking.
(7) How to identify a potential victim and what to do
when a victim is identified.
(8) An understanding of force, fraud and coercion.
(9) An understanding of how traffickers groom a victim.
(10) The differences between prostitution, sex
trafficking and exploitation.
(11) The role that pornography plays in sexual
exploitation and human trafficking.
(12) An understanding of the complexities of abuse,
indoctrination and manipulation.
(13) An understanding of the physiological makeup of a
human trafficking victim.
(14) How victims of human trafficking are rescued.
(15) How individuals may engage in activities aimed to
prevent human trafficking.
(d) Annual attestation of compliance.--An institution of
higher education shall report to the department on the
implementation of the human trafficking prevention and education
program through an annual attestation of compliance to the
department.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Human trafficking." An activity in violation of 18 Pa.C.S.
§ 3011 (relating to trafficking in individuals) either alone or
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in conjunction with an activity in violation of 18 Pa.C.S. §
3012 (relating to involuntary servitude).
"Institution of higher education." Any of the following:
(1) A community college operating under Article XIX-A.
(2) A rural regional college established under Article
XIX-G.
(3) A university within the State System of Higher
Education under Article XX-A.
(4) A State-related institution as defined in section
2001-C.
(5) The Thaddeus Stevens College of Technology.
(6) The Pennsylvania College of Technology.
(7) An institution of higher education located in and
incorporated or chartered by the Commonwealth and entitled to
confer degrees as provided under 24 Pa.C.S. § 6505 (relating
to power to confer degrees) and as provided for by the
standards and qualifications prescribed by the State Board of
Education under 24 Pa.C.S. Ch. 65 (relating to private
colleges, universities and seminaries).
Section 2 5. This act shall take effect in 60 days.
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