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                                                       PRINTER'S NO. 843

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 751 Session of 1997


        INTRODUCED BY C. WILLIAMS, YOUNGBLOOD, DeWEESE, ROONEY, ITKIN,
           MUNDY, STURLA, BUXTON, BEBKO-JONES, TANGRETTI, ROEBUCK,
           JOSEPHS, KIRKLAND, MIHALICH AND CURRY, MARCH 11, 1997

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 1997

                                     AN ACT

     1  Requiring municipal police to report to the Office of Attorney
     2     General actions taken to prevent and combat anti-abortion and
     3     anticontraception violence; giving the Attorney General
     4     certain investigative and prosecutorial powers; requiring
     5     reports to the General Assembly; and making an appropriation.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Reproduction
    10  Rights Protection Act.
    11  Section 2.  Definitions.
    12     The following words and phrases when used in this act shall
    13  have the meanings given to them in this section unless the
    14  context clearly indicates otherwise:
    15     "Municipality."  A county, city, borough, incorporated town
    16  or township, or any local government operating under the act of
    17  April 13, 1972 (P.L.184, No.62), known as the Home Rule Charter
    18  and Optional Plans Law.
    19     "Reproductive health care."  Health care sought or provided

     1  in connection with pregnancy, contraception or abortion as
     2  permitted by law.
     3  Section 3.  Police abortion violence reports.
     4     The police in every municipality shall provide a summary
     5  report to the Office of Attorney General on actions taken to
     6  prevent and combat anti-abortion and anticontraception violence,
     7  including, but not limited to, the following:
     8         (1)  All criminal violations, including arson, criminal
     9     mischief, defiant trespass, disorderly conduct, harassment
    10     and trespass, which involve interference or intended
    11     interference with an individual's access to or ability to
    12     obtain reproductive health care or with the ability of a
    13     health care provider to provide reproductive health care.
    14         (2)  Action taken by the police in relation to each
    15     incident of reproductive health care interference.
    16         (3)  The extraordinary expenses incurred by the
    17     municipality in order to supply adequate police response to
    18     interference with reproductive health care, including
    19     overtime paid to increase the police response.
    20  Section 4.  Concurrent jurisdiction.
    21     The Attorney General shall have concurrent jurisdiction:
    22         (1)  with the local law enforcement agencies to
    23     investigate all incidents in this Commonwealth involving
    24     interference with an individual's access to or ability to
    25     obtain reproductive health care or with the ability of a
    26     health care provider to provide reproductive health care; and
    27         (2)  with the district attorney in any county for any
    28     criminal charges involving interference with reproductive
    29     health care, to the same extent as cases provided in section
    30     205 of the act of October 15, 1980 (P.L.950, No.164), known
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     1     as the Commonwealth Attorneys Act.
     2  Section 5.  Legislative abortion violence reports.
     3     On or before December 31, 1997, and each year thereafter, the
     4  Attorney General shall make a report to the General Assembly
     5  which shall include the following:
     6         (1)  The number of incidents of criminal charges
     7     involving interference with reproductive health care.
     8         (2)  The action taken by the police in relation to each
     9     criminal charge involving reproductive health care
    10     interference.
    11         (3)  The action taken by the Attorney General or district
    12     attorney or other law enforcement agency in relation to each
    13     criminal charge involving reproductive health care
    14     interference.
    15         (4)  The extraordinary expenses incurred by the
    16     municipality in order to supply adequate police response to
    17     interference with reproductive health care, including
    18     overtime paid to increase the police response.
    19         (5)  A written plan formulated by the police and the
    20     Office of Attorney General designed:
    21             (i)  to protect the safety of women seeking
    22         reproductive health care and health care providers; and
    23             (ii)  to ensure safe ingress and egress by patients
    24         and staff to reproductive health care facilities.
    25  Section 6.  Appropriation.
    26     The sum of $50,000 is hereby appropriated to the Office of
    27  Attorney General for the fiscal year July 1, 1997, to June 30,
    28  1998, to carry out this act. This shall be a continuing
    29  appropriation and shall not lapse at the end of the fiscal year.
    30  Section 7.  Effective date.
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     1     This act shall take effect immediately.




















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