PRINTER'S NO. 843
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 19970H0751B0843 - 2 -
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. 19970H0751B0843 - 3 -
1 This act shall take effect immediately. B10L35DGS/19970H0751B0843 - 4 -