PRINTER'S NO. 60
No. 75 Session of 2001
INTRODUCED BY ORIE, THOMAS, READSHAW, YOUNGBLOOD, BELARDI,
BUXTON, CORRIGAN, LAUGHLIN, SOLOBAY, WOJNAROSKI, BELFANTI,
YUDICHAK, STABACK, BEBKO-JONES, PRESTON, DeLUCA,
E. Z. TAYLOR, CIVERA, WASHINGTON AND HARHART,
JANUARY 23, 2001
REFERRED TO COMMITTEE ON LABOR RELATIONS, JANUARY 23, 2001
AN ACT
1 Providing for the creation of a model domestic abuse awareness
2 and assistance program and for related powers and duties of
3 the Department of Labor and Industry.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Domestic
8 Abuse Assistance and Awareness in the Workplace Act.
9 Section 2. Legislative findings and declarations.
10 The General Assembly finds and declares as follows:
11 (1) There is an ever-increasing number of persons in
12 this Commonwealth who are affected by domestic abuse. Studies
13 have indicated that, nationally, one in three women is a
14 victim of domestic abuse. Domestic abuse not only causes
15 physical injury but also loss of trust, loss of personal
16 safety in one's own home, loss of self-esteem and loss of
17 control over one's own life. Domestic abuse can also extend
1 into the workplace by leading to lost wages, higher health
2 care costs, lower productivity, excessive absenteeism and
3 increased security needs.
4 (2) Domestic abuse directly affects workplaces when
5 batterers attack, stalk or harass women at work. Nationally,
6 94% of corporate security directors surveyed rank domestic
7 abuse as a high security problem. It has been estimated that
8 the total medical cost of domestic abuse in Pennsylvania
9 exceeds the medical cost of elder abuse, child abuse and
10 street violence combined. Employers throughout this
11 Commonwealth can and should take steps to make workplaces
12 safer for employees who are victims of domestic abuse.
13 Appropriate workplace programs relating to domestic abuse
14 benefit both the victims and their employers by promoting
15 support and safety.
16 (3) It is the intent of the General Assembly to reaffirm
17 the Commonwealth's commitment to victims of domestic abuse by
18 providing awareness and assistance to employers and employees
19 in the workplace.
20 Section 3. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Department." The Department of Labor and Industry of the
25 Commonwealth.
26 "Domestic abuse." The occurrence of one or more of the
27 following acts between family or household members, sexual or
28 intimate partners or persons who share biological parenthood:
29 (1) Attempting to cause or intentionally, knowingly or
30 recklessly causing bodily injury, serious bodily injury,
20010H0075B0060 - 2 -
1 rape, involuntary deviate sexual intercourse, sexual assault,
2 statutory sexual assault, aggravated indecent assault,
3 indecent assault or incest with or without a deadly weapon.
4 (2) Placing another in reasonable fear of imminent
5 serious bodily injury.
6 (3) Inflicting false imprisonment pursuant to 18 Pa.C.S.
7 § 2903 (relating to false imprisonment).
8 (4) Physically or sexually abusing minor children,
9 including such terms as defined in 23 Pa.C.S. Ch. 63
10 (relating to child protective services).
11 (5) Knowingly engaging in a course of conduct or
12 repeatedly committing acts toward another person, including
13 following the person, without proper authority, under
14 circumstances which place the person in reasonable fear of
15 bodily injury.
16 "Family or household members." Spouses or persons who have
17 been spouses, persons living as spouses or who lived as spouses,
18 parents and children, other persons related by consanguinity or
19 affinity, current or former sexual or intimate partners or
20 persons who share biological parenthood.
21 "Secretary." The Secretary of Labor and Industry of the
22 Commonwealth.
23 "Victim." A victim of domestic abuse.
24 Section 4. Powers and duties.
25 The secretary shall, in consultation with the Physician
26 General of the Commonwealth, the Pennsylvania Coalition Against
27 Domestic Violence, the Pennsylvania State Police and any other
28 entities deemed necessary, develop a model domestic abuse
29 awareness and assistance program for use by employers throughout
30 this Commonwealth.
20010H0075B0060 - 3 -
1 Section 5. Program goal and availability.
2 The program shall be directed at:
3 (1) educating employers and employees in the workplace
4 to recognize the signs and effects of domestic abuse;
5 (2) providing training to security personnel about how
6 to handle crimes committed in or around the workplace by
7 perpetrators of abuse; and
8 (3) offering support and safety to victims while in the
9 workplace.
10 The program shall be made available by the department upon
11 request of employers in this Commonwealth.
12 Section 6. Regulations.
13 The department shall promulgate regulations to implement this
14 act.
15 Section 7. Effective date.
16 This act shall take effect in 60 days.
L7L43JS/20010H0075B0060 - 4 -