SB 742 — An Act amending the act of November 29, 2006 (P.L.1471, No.165), known as the Sexual Assault Testing and Evidence Collection Act, further providing for rights of sexual assault victims.

PRIOR PRINTER'S NO.

909 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1162742 THE2017 GENERALINTRODUCED ASSEMBLYBY OFGREENLEAF, PENNSYLVANIASABATINA, SENATEYUDICHAK, BILLRAFFERTY, SessionCOSTA, FONTANA AND HUGHES, JUNE 5, 2017 REFERRED TO JUDICIARY, JUNE 5, 2017 AN ACT Amending the act of No.November 29, 2006 (P.L.1471, No.165), entitled, as amended, "An act providing for a sexual assault evidence collection program and for powers and duties of the Department of Health and the Pennsylvania State Police;

742establishing 2017civil INTRODUCEDimmunity; BY GREENLEAF, SABATINA, YUDICHAK, RAFFERTY, COSTA, FONTANA, HUGHES, BOSCOLA, BARTOLOTTA, BROWNE, BREWSTER AND LEACH, JUNE 5, 2017 SENATOR GREENLEAF, JUDICIARY, AS AMENDED, SEPTEMBER 19, 2017 AN ACT Amending the act of November 29, 2006 (P.L.1471, No.165), entitled, as amended, "An act providing for a sexual assault evidence collection program and for powers and duties of the Department of Health and the Pennsylvania State Police;

and providing for rights of sexual assault victims,"victims." further providing for rights of sexualThe assaultGeneral victims.Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

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

(i) subject to paragraph (6)(6), AND SECTION 3(C)(1), <-- have a sexual assault evidence collection kit or its probative contents relating to the victim preserved, without charge, for the duration of the maximum applicable statute of limitations;

<-- (i) , upon written request, receive written <-- notification from the appropriate official with custody of a sexual assault evidence collection kit or its probative contents relating to the victim not later than 60 days before the date of the intended destruction or disposal of the sexual assault evidence collection kit or its probative contents.

(ii) upon written request, be granted further <-- preservation of the sexual assault evidence collection kit or its probative contents.

THE APPROPRIATE OFFICIAL <-- WITH CUSTODY OF THE SEXUAL ASSAULT EVIDENCE COLLECTION KIT SHALL COLLABORATE WITH A SEXUAL ASSAULT COUNSELOR TO EMPLOY BEST PRACTICES WHEN NOTIFYING A VICTIM OF INFORMATION PERTINENT TO THE VICTIM.

20170SB0742PN1162 - 2 - (8) The right to information concerning availability of protective orders and policies related to the enforcement of protective orders.

(9) The right to information about the availability of, 20170SB0742PN0909 - 2 - and eligibility for, victim compensation and restitution.

THE ATTORNEY GENERAL SHALL, IN CONSULTATION WITH <-- THE OFFICE OF VICTIM ADVOCATE, THE PENNSYLVANIA STATE POLICE AND PCAR, DEVELOP A STANDARD PROTOCOL FOR NOTIFYING SEXUAL ASSAULT VICTIMS OF INFORMATION RELATING TO EVIDENCE GATHERED REGARDING THE VICTIM.

THE OFFICE OF VICTIM ADVOCATE SHALL DISSEMINATE THE STANDARD PROTOCOL DEVELOPED UNDER THIS PARAGRAPH TO LAW ENFORCEMENT AGENCIES, RAPE CRISIS CENTERS, SEXUAL ASSAULT COUNSELORS AND HEALTH CARE FACILITIES THAT THE OFFICE OF VICTIM ADVOCATE DETERMINES ARE LIKELY TO ENCOUNTER SEXUAL ASSAULT VICTIMS.

THE ATTORNEY GENERAL, PENNSYLVANIA STATE POLICE AND OFFICE OF VICTIM ADVOCATE SHALL MAKE THE STANDARD PROTOCOL AVAILABLE ON A PUBLICLY ACCESSIBLE INTERNET WEBSITE.

or (2) is a parent,parent LEGAL GUARDIAN or adult brother, sister <-- or child of a deceased sexual assault victim.

20170SB0742PN1162 - 3 - "Sexual assault counselor." As defined in 42 Pa.C.S.

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