1Amending the act of November 29, 2004 (P.L.1383, No.180),
2entitled "An act requiring institutions of higher education
3to provide students and employees with information relating
4to crime statistics and security measures and to provide
5similar information to prospective students and employees
6upon request; granting powers to the State Board of
7Education; establishing a uniform crime reporting program;
8requiring all county and municipal law enforcement agencies
9to report certain information occurring within the respective
10jurisdictions; imposing duties on the Pennsylvania Commission
11on Crime and Delinquency; authorizing the Pennsylvania State
12Police to collect and gather information on crime and make
13annual reports; providing for penalties; and making a related
14repeal," further providing for crime statistics and security
15policies and procedures; and providing for Pennsylvania safe
16campuses.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. Section 303(b) of the act of November 29, 2004
20(P.L.1383, No.180), known as the Uniform Crime Reporting Act, is
21amended to read:

22Section 303. Crime statistics and security policies and
23procedures.

24* * *

1(b) Publishing and distributing reports.--Each institution
2of higher education shall publish and distribute a report which
3shall be updated annually and which shall include the crime
4statistics as reported under subsections (a) and (b.2) for the
5most recent three-year period. Crime rates shall also be
6included in the report. The crime rates reported shall be based
7on the numbers and categories of crimes reported under
8subsections (a) and (b.2) and the number of full-time equivalent
9undergraduate and graduate students (FTES) and full-time
10equivalent employees at the institution of higher education.
11[Upon] The report shall be posted on the official Internet 
12website of the institution and upon request, the institution
13shall provide the report to every person who submits an
14application for admission to either a main or branch campus and
15to each new employee at the time of employment. In its
16acknowledgment of receipt of the formal application of
17admission, the institution shall notify the applicant of the
18availability of such information. The information shall also be
19provided on an annual basis to all students and employees.
20Institutions with more than one campus shall provide the
21required information on a campus-by-campus basis.

22* * *

23Section 2. The act is amended by adding a chapter to read:

24Chapter 3-A

25Pennsylvania Safe Campuses

26Section 301-A. Scope of chapter.

27This chapter relates to reporting, policy and program
28requirements concerning sexual assault and intimate partner
29violence on campuses of institutions of higher education.

30Section 302-A. Definitions.

1The following words and phrases when used in this chapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Awareness program." A program designed to communicate the
5nature and risk of sexual assaults and intimate partner
6violence.

7"Institution of higher education." As defined under section
8302.

9"Intimate partner violence." The commission of, attempt to
10commit or conspiracy to commit an act constituting abuse within
11the meaning of 23 Pa.C.S. Ch. 61 (relating to protection from
12abuse) where the actor is or was the spouse of or in a dating
13relationship with the victim.

14"Prevention program." A program designed to prevent sexual
15assault and intimate partner violence.

16"Sexual assault." The commission of, attempt to commit and
17conspiracy to commit an act prohibited under 18 Pa.C.S. Ch. 31
18(relating to sexual offenses).

19"Valid complaint." As defined under section 302.

20"Victim." A victim of sexual assault or intimate partner
21violence.

22Section 303-A. Sexual assault and intimate partner violence
23reporting.

24(a) Reporting requirements.--An institution of higher
25education shall annually include in the report required under
26section 303 the security policies specifically relating to and
27the number of valid complaints of sexual assault and intimate
28partner violence reported on its campus, including:

29(1) The number of valid complaints of sexual assault and
30intimate partner violence reported to campus police, campus

1security officers or State, county or local police as
2follows:

3(i) beginning one year after the effective date of
4this section, the information shall be reported for the
5immediately preceding calendar year;

6(ii) beginning two years after the effective date of
7this section, the information shall be reported for the
8two immediately preceding calendar years; and

9(iii) beginning three years after the effective date
10of this section and thereafter, the information shall be
11reported for the three immediately preceding calendar
12years.

13(2) A statement indicating where information concerning
14the location of offenders subject to 42 Pa.C.S. Ch. 97 Subch.
15H (relating to registration of sexual offenders) can be
16obtained.

17(3) A description of programs available to students,
18employees and other institution of higher education officials
19concerning the institution's security procedures and
20practices relating to sexual assault and intimate partner
21violence.

22(b) Interim reports.--Reports of incidents that represent a
23potential threat to other parties shall be publicly and timely
24disclosed in a manner that is prudent to prevent harm and to
25protect the confidentiality of the prior victim.

26Section 304-A. Policies required.

27An institution of higher education shall have a policy that
28informs students, employees and officials of the institution of
29the rights of victims and the responsibilities of witnesses of
30sexual assault and intimate partner violence and sets forth the

1manner for informing them of their rights and responsibilities.
2The policy shall include all of the following:

3(1) All instances of sexual assault or intimate partner
4violence involving a minor that are required under Federal or
5State law to be reported to law enforcement authorities shall
6be reported without delay.

7(2) Victims shall be provided with written, plain
8language information that identifies the availability of and
9contact information for local medical, mental health and
10legal assistance services and the procedures a victim should
11follow after an incident of sexual assault or intimate
12partner violence.

13(3) Student and employee victims shall be informed of
14assistance that is available to them from the institution of
15higher education in making appropriate changes to academic,
16living, transportation or work circumstances as a result of
17sexual assault or intimate partner violence.

18Section 305-A. Sexual assault and intimate partner violence
19prevention and awareness program.

20(a) Program requirements.--An institution of higher
21education shall offer a program on prevention and awareness of
22sexual assault and intimate partner violence for all students
23and employees. The program shall:

24(1) Provide information on the nature and dynamics of
25sexual assault and intimate partner violence, including the
26meaning of consent and the number of valid complaints of
27sexual assault and intimate partner violence at the
28institution during the most recently concluded calendar year
29and the immediately preceding two calendar years.

30(2) Provide information on sanctions called for under

1institutional disciplinary proceedings and on potential
2criminal and civil liability.

3(3) Provide information on procedures that should be
4followed, including the preservation of evidence, contacting
5law enforcement and victim assistance agencies and the
6availability of assistance from the institution to notify
7civil authorities of incidents of sexual assault or intimate
8partner violence.

9(4) Provide information on the availability of
10counseling, mental health or other services for victims on
11campus or in the community.

12(5) Provide information relating to bystander
13intervention and risk-reduction strategies.

14(b) Construction.--This section shall not be construed to
15require particular programs, policies or procedures.

16Section 306-A. Interpretation.

17The provisions of this chapter shall not confer a private
18right of action to enforce its provisions, to establish a
19specific standard of care or a civil cause of action or to
20require the reporting or disclosure of privileged information.
21Evidence of compliance or noncompliance shall not be admissible
22as evidence in a proceeding before a court, agency, board or
23other entity except with respect to an action to enforce the
24provisions of this act.

25Section 307-A. Enforcement.

26(a) Action to compel compliance.--The Attorney General may
27bring an action in the name of the Commonwealth against an
28institution of higher education to compel compliance with this
29chapter.

30(b) Civil penalty.--In an action by the Attorney General to

1compel compliance with this chapter, the court may award a civil
2penalty as follows:

3(1) Not more than $1,000 for each day of violation for
4willful noncompliance or failure to promptly comply with an
5order of the court to comply with the provisions of this
6chapter.

7(2) Not more than $25,000 for the first case of
8intentional misrepresentation or concealment by an
9institution of higher education of a valid complaint required
10to be reported under this chapter.

11(3) Not more than $50,000 for a second or subsequent
12intentional misrepresentation or concealment by an
13institution of higher education of a valid complaint required
14to be reported under this chapter.

15Section 308-A. Rules and regulations.

16The State Board of Education may, in the manner provided by
17law, promulgate the rules and regulations necessary to carry out
18this chapter.

19Section 3. This act shall take effect in 180 days.