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A05344
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2032
Session of
2021
INTRODUCED BY SCHROEDER, MIHALEK, THOMAS, PENNYCUICK, LABS,
HILL-EVANS, O'NEAL, KAIL, LEWIS DELROSSO, RYAN, MERCURI,
TOOHIL, MIZGORSKI, JOZWIAK, WARNER AND TOPPER,
OCTOBER 28, 2021
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 24, 2022
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(c.1) 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 paragraph to
read:
Section 1. The definition of "SART" in 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 and the
section is amended by adding a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
["SART." The Sexual Assault Response Team.]
* * *
"Sexual assault nurse examiner" or "SANE." A registered
professional nurse who has completed a sexual assault nurse
examiner training program and successfully passed an exam that
meets the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic Nurses
and operates as a member of the sexual assault response team.
"Sexual assault response team" or "SART." A health care
practitioner who is certified as a sexual assault forensic
examiner or sexual assault nurse examiner, local law enforcement
agency or public or private agency responsible for coordinating
or performing a medical forensic examination or delivery of
subsequent medical or legal services to a victim.
* * *
Section 2. Section 3(c.1) of the act is amended by adding a
paragraph and the section is amended by adding a subsection to
read:
Section 3. Sexual assault evidence collection program.
* * *
(c.1) Anonymous submissions.--The following shall apply to
sexual assault evidence obtained by a health care facility at
the request or with the consent of the victim who does not wish
to make a report to law enforcement:
* * *
(6) Failure to report injuries under 18 Pa.C.S. ยง
5106(a)(2) (relating to failure to report injuries by firearm
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or criminal act) shall not constitute an offense if anonymous
submission is made under this subsection.
(c.2) Tracking system.--No later than one year from the
effective date of this subsection, the department, in
conjunction with the recommendations of the Statewide Sexual
Assault Evidence Collection Kit Tracking System advisory
committee under paragraph (6), shall launch a Statewide tracking
system for the purpose of electronically tracking all sexual
assault evidence collection kits collected under this section.
The following shall apply:
(1) The tracking system may be the system utilized in
other states or may be a system developed by the Pennsylvania
State Police. The tracking system shall be administered and
funded jointly by the department and the Pennsylvania State
Police, each having designated system administrators as
needed to meet the demands of the system and the individuals
using the system. All technical onboarding, assistance and
maintenance of the tracking system shall be provided by the
Pennsylvania State Police. The department shall consider the
following system aspects when choosing a tracking system to
utilize:
(i) The tracking system shall be an online
accessible database capable of receiving, maintaining,
storing and preserving records related to all sexual
assault evidence collection kits collected under
subsection (c) and this subsection.
(ii) The tracking system shall have a publicly
accessible Internet website, which shall include
information and referral services for victims, including
crime victim rights, local rape crisis centers,
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behavioral health, law enforcement, district attorneys
and medical providers.
(iii) The tracking system shall be accessible by
victims and authorized users as determined by the
department and the Pennsylvania State Police.
(iv) The tracking system shall permit victims to
anonymously access the system, and no personally
identifiable information or medical records shall be
entered into the system.
(v) The tracking system shall be capable of
providing various reports.
(vi) The tracking system shall be capable of
modifications and adjustments as may be recommended by
the Statewide Sexual Assault Evidence Collection Kit
Tracking System advisory committee.
(2) All medical providers, law enforcement agencies,
forensic laboratories or other persons or entities having use
or custody of any sexual assault evidence collection kits in
this Commonwealth shall participate in the tracking system
and comply with the established rules, protocols and
guidelines established by the department.
(3) All sexual assault evidence collection kits
purchased or distributed on or after the launch of the system
shall be trackable and comply with the requirements of the
system.
(4) Each victim shall be able to track the location and
status of the victim's sexual assault evidence collection kit
and be able to determine whether the forensic testing of the
kit has been completed.
(5) The department, in conjunction with the
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recommendations of the Statewide Sexual Assault Evidence
Collection Kit Tracking System advisory committee, shall
adopt rules, guidelines and protocols for the function and
administration of the system, which shall address the
following:
(i) The best options for maintaining the tracking
system and ensuring ease of use and online access by
entities and individuals, including developing
instructions on how to use and access the database.
(ii) The best practices for ensuring victim privacy,
confidentiality and safety.
(iii) The best practices for record retention within
the tracking system.
(iv) Tracking kits of minor victims.
(v) Identifying and defining roles of entities and
individuals who must have access to the tracking system.
(vi) Monitoring compliance of entities and
individuals required to participate in the tracking
system.
(vii) Streamlining the current kit inventory
reporting requirements under subsection (d) by using
reports generated by the tracking system.
(viii) Permitting partnerships between local law
enforcement agencies for purposes of designating system
users and contact resources for smaller law enforcement
agencies.
(ix) Any other aspect of the tracking system's
function, use or administration as may be required over
time to ensure that the system meets the needs of those
using and accessing the system.
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(6) For the purpose of providing recommendations to the
department regarding the implementation, utilization and
optimization of a Statewide tracking system, the secretary
shall convene a Statewide Sexual Assault Evidence Collection
Kit Tracking System advisory committee consisting of
volunteer members representing the following:
(i) The Pennsylvania State Police.
(ii) The Office of Attorney General.
(iii) The Pennsylvania District Attorneys
Association.
(iv) The Pennsylvania Chiefs of Police.
(v) The Office of the Victim Advocate.
(vi) The Pennsylvania Coalition Against Rape.
(vii) The International Association of Forensic
Nurses.
(viii) The Hospital and Healthsystem Association.
(ix) A local sexual assault response team.
(x) A sexual assault nurse examiner.
(xi) A child advocacy center.
(xii) Any other entity or individual having
knowledge and experience relevant to the purpose of the
advisory committee.
* * *
SECTION 2. THE FOLLOWING APPLY:
(1) THE PENNSYLVANIA STATE POLICE SHALL, IN CONSULTATION
WITH THE PENNSYLVANIA COALITION AGAINST RAPE, CONDUCT A STUDY
AND ISSUE A REPORT UNDER PARAGRAPH (2) THAT EXAMINES THE
RESOURCES REQUIRED TO IMPLEMENT A RAPE KIT TRACKING SYSTEM IN
THIS COMMONWEALTH THAT SHALL:
(I) BE OPERATED AND MANAGED BY THE PENNSYLVANIA
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STATE POLICE FOR THE PURPOSE OF TRACKING ALL RAPE KITS
COLLECTED FOR TESTING OR ANALYSIS UNDER SECTION 3 OF THE
ACT.
(II) BE ACCESSIBLE TO SEXUAL ASSAULT VICTIMS AND
OTHER AUTHORIZED USERS AS DETERMINED BY THE PENNSYLVANIA
STATE POLICE.
(III) FUNCTION AS AN ONLINE ACCESSIBLE DATABASE
CAPABLE OF RECEIVING, MAINTAINING, STORING AND PRESERVING
TRACKING INFORMATION RELATED TO THE TESTING AND ANALYSIS
OF ALL RAPE KITS, INCLUDING THE FOLLOWING:
(A) THE LOCATION AND TESTING STATUS OF RAPE
KITS.
(B) VICTIM REFERRALS, INCLUDING AN INDIVIDUAL'S
RIGHTS AS A CRIME VICTIM UNDER THE ACT OF NOVEMBER
24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME
VICTIMS ACT.
(C) CONTACT INFORMATION FOR LOCAL RAPE CRISIS
SERVICES AND THE STATEWIDE RAPE CRISIS HOTLINE.
(IV) ALLOW LAW ENFORCEMENT AGENCIES, FORENSIC
LABORATORIES, HOSPITALS, HEALTH CARE FACILITIES OR OTHER
PERSONS OR ENTITIES HAVING USE OR CUSTODY OF RAPE KITS TO
ENTER INFORMATION INTO THE TRACKING SYSTEM.
(2) THE PENNSYLVANIA STATE POLICE SHALL ISSUE A REPORT
OF ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE OF
REPRESENTATIVES WITHIN 12 MONTHS OF THE EFFECTIVE DATE OF
THIS SECTION. THE REPORT SHALL, AT A MINIMUM, IDENTIFY THE
FOLLOWING:
(I) THE RESOURCES AND TRAINING NEEDED TO IMPLEMENT,
MANAGE AND MAINTAIN A RAPE KIT TRACKING SYSTEM.
(II) THE COSTS ASSOCIATED WITH IMPLEMENTING,
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MANAGING AND MAINTAINING A RAPE KIT TRACKING SYSTEM.
(III) POTENTIAL SOURCES OF FUNDING FOR IMPLEMENTING,
MANAGING AND MAINTAINING A RAPE KIT TRACKING SYSTEM.
(IV) THE BENEFITS TO VICTIMS AND PUBLIC SAFETY
ASSOCIATED WITH IMPLEMENTING A RAPE KIT TRACKING SYSTEM
IN THIS COMMONWEALTH AND RECOMMENDATIONS ON IMPLEMENTING,
MANAGING AND MAINTAINING AN EFFICIENT AND COST-EFFECTIVE
RAPE KIT TRACKING SYSTEM.
(3) THE PENNSYLVANIA STATE POLICE SHALL POST THE REPORT
ISSUED UNDER PARAGRAPH (2) ON ITS PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
Section 2 3. This act shall take effect in 60 days.
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