PRINTER'S NO. 108
No. 108 Session of 1989
INTRODUCED BY HOLL, JANUARY 23, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 23, 1989
AN ACT
1 Establishing within the Department of Health a commission for
2 the control and prevention of rape; imposing upon the
3 commission certain powers and duties; and making an
4 appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Rape
9 Prevention and Control Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Commission." The Rape Prevention and Control Commission.
15 "Department." The Department of Health of the Commonwealth.
16 "Rape." The offense or attempt to commit the offense of
17 forcible rape, statutory rape or involuntary deviate sexual
18 intercourse as defined in 18 Pa.C.S. §§ 3121 (relating to rape),
1 3122 (relating to statutory rape) and 3123 (relating to
2 involuntary deviate sexual intercourse). The term also includes
3 homosexual assaults, other criminal sexual assaults and
4 attempted rape.
5 "Secretary." The Secretary of Health of the Commonwealth.
6 Section 3. Commission.
7 There is hereby established within the department a
8 commission to be known as the Rape Prevention and Control
9 Commission to be appointed by the secretary and be staffed by
10 individuals presently within the department. The commissioner
11 shall be an individual skilled in psychiatry and psychoanalysis
12 and shall receive a salary commensurate with other
13 commissioners.
14 Section 4. Powers and duties.
15 (a) Studies.--The commission shall conduct a continuing
16 study and investigation of:
17 (1) The effectiveness of existing Federal, State and
18 local laws dealing with rape.
19 (2) The relationship, if any, between traditional legal
20 and social attitudes toward sexual roles, the act of rape and
21 the formulation of laws dealing with rape.
22 (3) The treatment of the victims of rape by law
23 enforcement agencies, hospitals or other medical
24 institutions, prosecutions and the courts.
25 (4) The causes of rape, identifying to the degree
26 possible:
27 (i) The social conditions which encourage sexual
28 attacks.
29 (ii) Motivations of offenders.
30 (iii) The impact of the offense on the victim and
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1 the families of the victim.
2 (5) Sexual assaults in correctional institutions.
3 (6) The actual incidence of forcible rape as compared to
4 the reported cases and the reasons therefor.
5 (7) The effectiveness of existing private, local and
6 State education and counseling programs designed to prevent
7 and control rape.
8 (b) Compilations.--It shall be the duty of the commission
9 to:
10 (1) Compile, analyze and publish and annually submit,
11 through the secretary, to the General Assembly, a summary of
12 the continuing study conducted under this section and the
13 research and demonstration projects conducted under section 5
14 with recommendations where appropriate.
15 (2) Develop and maintain an information clearinghouse
16 with regard to:
17 (i) The prevention and control of rape.
18 (ii) The treatment and counseling of the victims of
19 rape and their families.
20 (iii) The rehabilitation of offenders.
21 (3) Compile and publish training materials for personnel
22 who are engaged or intend to engage in programs designed to
23 prevent and control rape.
24 Section 5. Research and demonstration projects.
25 (a) Grants.--The secretary, through the commission, shall
26 make grants to community health centers, nonprofit private
27 organizations and public agencies determined to be qualified by
28 the commission for the purpose of conducting research and
29 demonstration projects concerning the control and prevention of
30 rape.
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1 (b) Objectives.--Projects funded under subsection (a) shall
2 include, but not be limited to:
3 (1) Alternative methods of planning, developing,
4 implementing and evaluating programs used in the prevention
5 and control of rape, the treatment and counseling of victims
6 of rape and their families and the rehabilitation of
7 offenders.
8 (2) The application of methods developed under paragraph
9 (1).
10 Section 6. Advisory committee.
11 (a) Composition.--There is hereby established an advisory
12 committee consisting of five individuals to be appointed by the
13 Governor for a term of five years, one each from the law
14 enforcement areas, from the Pennsylvania Bar Association, from
15 the psychiatry area and two individuals from the public, one of
16 whom shall be a female. The first appointees shall serve a term
17 as follows: one for one year, two for two years, one for three
18 years and one for four years. Thereafter, members shall serve a
19 five-year term.
20 (b) Duties.--The advisory committee shall advise, consult
21 with and make recommendations to the commissioner on matters
22 relating to rape prevention and control.
23 Section 7. Appropriation.
24 The sum of $500,000, or as much thereof as may be necessary,
25 is hereby appropriated to the Department of Health for the
26 purposes of carrying out and implementing this act.
27 Section 8. Effective date.
28 This act shall take effect in 60 days.
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