PRINTER'S NO. 2517
No. 1880 Session of 1989
INTRODUCED BY RUDY, JACKSON, JOSEPHS, DeWEESE, RITTER, KUKOVICH,
NAHILL, PRESTON, HECKLER, EVANS, OLIVER, ROEBUCK, RICHARDSON,
HUGHES, WILLIAMS, HARPER, ACOSTA, ROBINSON, LINTON,
PRESSMANN, McHALE, LEVDANSKY AND PIEVSKY, OCTOBER 4, 1989
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 4, 1989
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 anti-contraception 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 Abortion
10 Violence Prevention 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.
1 "Reproductive health care." Health care sought or provided
2 in connection with pregnancy, contraception or abortion as
3 permitted by law.
4 Section 3. Police abortion violence reports.
5 The police in every municipality throughout this Commonwealth
6 shall provide a summary report to the Office of Attorney General
7 on actions taken to prevent and combat anti-abortion and anti-
8 contraception violence, including but not limited to, the
9 following:
10 (1) All criminal violations, including arson, criminal
11 mischief, defiant trespass, disorderly conduct, harassment
12 and trespass, which involve interference or intended
13 interference with an individual's access to, or ability to
14 obtain, reproductive health care or with the ability of a
15 health care provider to provide such health care.
16 (2) Action taken by the police in relation to each
17 incident of reproductive health care interference.
18 (3) The extraordinary expenses incurred by the
19 municipality in order to supply adequate police response to
20 interference with reproductive health care, including
21 overtime paid to increase the police response.
22 Section 4. Concurrent jurisdiction.
23 The Attorney General shall have concurrent jurisdiction:
24 (1) with the local law enforcement agencies to
25 investigate all incidents in this Commonwealth involving
26 interference with an individual's access to, or ability to
27 obtain, reproductive health care, or with the ability of a
28 health care provider to provide such health care;
29 (2) the district attorney in any county for any criminal
30 charges involving interference with reproductive health care,
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1 to the same extent as cases provided in section 205 of the
2 act of October 15, 1980 (P.L.950, No.164), known as the
3 Commonwealth Attorneys Act.
4 Section 5. Legislative abortion violence reports.
5 On or before December 31, 1991, and each year thereafter, the
6 Attorney General shall make a report to the General Assembly
7 that will include the following:
8 (1) The number of incidents of criminal charges
9 involving interference with reproductive health care.
10 (2) The action taken by the police in relation to each
11 criminal charge involving reproductive health care
12 interference.
13 (3) The action taken by the Attorney General or district
14 attorney or other law enforcement agency in relation to each
15 criminal charge involving reproductive health care
16 interference.
17 (4) The extraordinary expenses incurred by the
18 municipality in order to supply adequate police response to
19 interference with reproductive health care, including
20 overtime paid to increase the police response.
21 (5) A written plan, formulated by the police and the
22 office of the Attorney General, designed:
23 (i) to protect the safety of women seeking
24 reproductive health care and health care providers; and
25 (ii) to ensure safe ingress and egress by patients
26 and staff to reproductive health care facilities.
27 Section 6. Appropriation.
28 The sum of $50,000 is hereby appropriated to the Office of
29 the Attorney General for the fiscal year July 1, 1989 to June
30 30, 1990 to carry out the purposes of this act. This shall be a
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1 continuing appropriation and shall not lapse at the end of the
2 fiscal year.
3 Section 7. Effective date.
4 This act shall take effect immediately.
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