PRINTER'S NO. 381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
399
Session of
2019
INTRODUCED BY LANGERHOLC, FOLMER, MARTIN, BARTOLOTTA, DiSANTO,
FONTANA, PHILLIPS-HILL, KILLION, GORDNER, BREWSTER, STEFANO,
SANTARSIERO, SABATINA, J. WARD, SCHWANK, YUDICHAK,
TARTAGLIONE, KEARNEY, FARNESE, BROWNE AND MUTH,
MARCH 11, 2019
REFERRED TO JUDICIARY, MARCH 11, 2019
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 rights of
sexual assault victims.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(c) of the act of November 29, 2006
(P.L.1471, No.165), known as the Sexual Assault Testing and
Evidence Collection Act, is amended, subsection (a) is amended
by adding paragraphs and the section is amended by adding a
subsection to read:
Section 5. Rights of sexual assault victims.
(a) General rule.--In addition to the rights provided under
the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act, a sexual assault victim, guardian of a sexual
assault victim or close relative of a deceased sexual assault
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victim shall have all of the following rights, if requested by
the victim, guardian or relative:
* * *
(4) The right to not be prevented from, or charged for,
receiving a medical forensic examination.
(5) The right to:
(i) subject to paragraph (6) and section 3(c)(1) ,
have a sexual assault evidence collection kit or its
probative contents relating to the victim preserved,
without charge, for the duration of the maximum
applicable statute of limitations; and
(ii) be informed in writing of policies governing
the collection and preservation of a sexual assault
evidence collection kit.
(6) The right to , upon written request, receive written
notification from the appropriate official with custody of a
sexual assault evidence collection kit or its probative
contents relating to the victim not later than 60 days before
the date of the intended destruction or disposal of the
sexual assault evidence collection kit or its probative
contents. The appropriate official with custody of the sexual
assault evidence collection kit shall collaborate with a
sexual assault counselor to employ best practices when
notifying a victim of information pertinent to the victim.
(7) The right to consult with a sexual assault
counselor.
(8) The right to information concerning availability of
protective orders and policies related to the enforcement of
protective orders.
(9) The right to information about the availability of,
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and eligibility for, victim compensation and restitution.
(10) The right to be informed of the rights under this
subsection. The Attorney General shall, in consultation with
the Office of Victim Advocate, the Pennsylvania State Police
and PCAR, develop a standard protocol for notifying sexual
assault victims of information relating to evidence gathered
regarding the victim. The Office of Victim Advocate shall
disseminate the standard protocol developed under this
paragraph to law enforcement agencies, rape crisis centers,
sexual assault counselors and health care facilities that the
Office of Victim Advocate determines are likely to encounter
sexual assault victims. The Attorney General, Pennsylvania
State Police and Office of Victim Advocate shall make the
standard protocol available on a publicly accessible Internet
website.
* * *
(b.1) Anonymous reporters.--
(1) A victim who has chosen to make an anonymous report
may still elect to receive notification under this section.
(2) The form for consent for anonymous testing shall
include a provision for submission of contact information for
a victim requesting notification.
(3) The contact information provided for the purposes of
notification shall not be used for any other purpose,
including contacting the victim for investigative purposes.
(c) [Definition.--As used in this section, the term "close]
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:
"Close relative of a deceased sexual assault [victim" means
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an] victim." An individual who:
(1) was the spouse of a deceased sexual assault victim
at the time of the victim's death; or
(2) is a parent, legal guardian or adult brother, sister
or child of a deceased sexual assault victim.
"Sexual assault counselor." As defined in 42 Pa.C.S. ยง
5945.1 (relating to confidential communications with sexual
assault counselors).
Section 2. This act shall take effect in 60 days.
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