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, 19890H1880B2517 - 2 -
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 19890H1880B2517 - 3 -
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. I15L35CHF/19890H1880B2517 - 4 -