HB 165 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in abortion, further providing for medical consultation and judgment.

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BROWN,165 KAUFFMAN,2025 KUZMA,INTZIMMERMAN ROWE AND ZIMMERMAN,GILLEN, JANUARY 16, 20252025UFFMAN, KUZMA, ROWE, REFERRED TO COMMITTEE ON HEALTH, JANUARY 16, 2025 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania ◄ Consolidated Statutes, in criminalabortion, historyfurther record information, providing for unified◄ criminalmedical justiceconsultation dataand collection.judgment.

◄ The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 3204 of Title 18 of the Pennsylvania ◄ Consolidated Statutes is amended by adding a sectionsubsection to read:

◄ § 9107.3204.

UnifiedMedical criminalconsultation justiceand datajudgment. collection.

(a)◄ Formation* of* program.--The* commission,◄ in(b.1) consultationPain withrelief themedication.--No Pennsylvaniaabortion State Police, county prosecutors' offices, the court and the Department of Corrections, shall establishbe the◄ Unifiedperformed Criminalwithout Justiceproviding Datapain Collectionrelief Programmedication to collect,the recordunborn and◄ analyzechild datawho regardingis defendantsmore inthan this15 Commonwealthweeks' whogestational are 18 years of age orprior olderto at the time◄ ofabortion theprocedure commissionunless: of an alleged indictable offense or an offense defined under Subchapter A of Chapter 55 (relating to definition of offenses generally).

(b)◄ Data(1) compilation.--In furtherance of the program,physician thehas commissionprior shallknowledge compileof dataan collectedadverse from◄ thereaction timeto apain defendantrelief entersmedication the criminal justice system of the Commonwealth by arrest, charge or other action, through the finalpregnant dispositionwoman; of the defendant's case.

Theor data◄ shall(2) includethere informationis concerninga themedical race,emergency ethnicity,where genderthere andis age◄ ofinsufficient thetime defendantto andprovide bepain compiledrelief inmedication accordancebefore with◄ the standardsabortion ofis theperformed. classification of Federal data on race and ethnicity established by the Federal Office of Management and Budget.

The◄ data* shall* include:* ◄ Section 2.

(1) Warrants, arrests, charges, filing of criminal complaints and indictments.

(2) Dismissed or downgraded charges.

(3) Cases which proceed to trial and the disposition of the cases, including convictions and guilty pleas.

(4) Admission to diversionary programs, including data on program applications, and any prosecutorial or court consent or denial for a defendant's entry into diversionary programs.

(5) Cases involving victims, including the race, ethnicity, gender and age of the defendant and victims in those cases.

(c) Cooperation.--The Pennsylvania State Police, county prosecutors' offices, the court, offices of public defender and county and municipal police departments shall cooperate with the commission in the implementation of the program and shall assist in the collection, recording, compilation and provision of data in furtherance of the program to the extent and in the manner required by the commission.

(d) Disclosure.--Nothing in this section shall be construed to authorize the disclosure of any confidential or personal 20250HB0165PN0123 - 2 - identifying information.

(e) Report.--The commission shall prepare and publish an annual report summarizing the data collected, recorded and analyzed under this section and post the report on the publicly accessible Internet website of the commission.

No later than August 1 of each year, the commission shall submit to the Governor's Office, the chairperson and minority chairperson of the Judiciary Committee of the Senate and the chairperson and minority chairperson of the Judiciary Committee of the House of Representatives the written report under this subsection containing summaries of the data collected, recorded and analyzed pursuant to this section.

The commission shall also make recommendations as appropriate for legislative changes or improvements that could be made to the criminal justice system based on the commission's findings.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Commission." The Pennsylvania Commission on Crime and Delinquency of the Commonwealth.

"Court." The minor judiciary or any other court in this Commonwealth.

"Indictable offense." An offense other than a summary offense.

"Personal identifying information." The name and aliases, address, Social Security number, telephone number, facsimile number, driver's license number or email address or social media address of any defendant or victim.

"Program." The Unified Criminal Justice Data Collection Program established under this section.

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