HB 1839 — 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 definitions and for sexual assault evidence collection program; and providing for noncompliance.

PRINTER'S NO.   2275

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1839
                                                 Session of
                                                   2025

     INTRODUCED BY M. BROWN, KAUFFMAN, STAATS, GAYDOS AND GREEN,
        SEPTEMBER 4, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 9, 2025


                                    AN ACT
 1   Amending the act of November 29, 2006 (P.L.1471, No.165),
 2      entitled "An act providing for a sexual assault evidence
 3      collection program and for powers and duties of the
 4      Department of Health and the Pennsylvania State Police;
 5      establishing civil immunity; and providing for rights of
 6      sexual assault victims," further providing for definitions
 7      and for sexual assault evidence collection program; and
 8      providing for noncompliance.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 2 of the act of November 29, 2006
12   (P.L.1471, No.165), known as the Sexual Assault Testing and
13   Evidence Collection Act, is amended by adding a definition to
14   read:
15   Section 2.   Definitions.
16      The following words and phrases when used in this act shall
17   have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      * * *
20      "Sexual abuse or exploitation."      The term as defined under 23
21   Pa.C.S. § 6303 (relating to definitions).
 1      * * *
 2      Section 2.     Section 3 heading and (a) introductory paragraph
 3   of the act are amended and subsection (a) is amended by adding a
 4   paragraph to read:
 5   Section 3.     Sexual assault or exploitation reporting evidence
 6                  collection program.
 7      (a)   Establishment.--There is hereby established a Statewide
 8   sexual assault [evidence collection program to promote the
 9   health and safety of victims of sexual assault and to facilitate
10   the prosecution of persons accused of sexual assault. This
11   program shall be administered by the department.] or
12   exploitation reporting program to promote the health and safety
13   of minors, to facilitate the prosecution of persons willfully
14   failing to report child abuse and to collect evidence sufficient
15   to determine paternity DNA in the case of an investigation.
16   Under this program the department shall:
17            * * *
18            (7)   During its annual inspection of health care
19      facilities, conduct a compliance review of records of
20      all individuals who are younger than 14 years of age. Each
21      inspection shall include a physical inspection of the records
22      as to whether child protective services or a law enforcement
23      agency was notified of suspected sexual abuse or exploitation
24      of the child as required under 23 Pa.C.S. Ch. 63 (relating to
25      child protective services). If the inspection reveals that
26      child protective services or a law enforcement agency was not
27      notified of suspected sexual abuse or exploitation, the
28      department must notify child protective services or a law
29      enforcement agency as required under 23 Pa.C.S. Ch. 63. The
30      results of the compliance review shall be published on the

20250HB1839PN2275                     - 2 -
 1      department's publicly accessible Internet website. The
 2      results shall omit all personal identifying information of
 3      the victim.
 4      * * *
 5      Section 3.        The act is amended by adding a section to read:
 6   Section 4.1.     Noncompliance.
 7      (a)   Health care facilities.--
 8            (1)   If, during a compliance review conducted under
 9      section 3(a)(7), the inspection reveals that child protective
10      services or a law enforcement agency was not notified of
11      suspected sexual abuse or exploitation of the child as
12      required under 23 Pa.C.S. Ch. 63 (relating to child
13      protective services), the following shall apply:
14                  (i)    The parent or guardian of the victim who is
15            under 17 years of age may bring a civil action against
16            the health care facility.
17                  (ii)    The department must refer the violation of 23
18            Pa.C.S. Ch. 63 to the Pennsylvania State Police and the
19            appropriate medical licensing board for prosecution and
20            investigation.
21            (2)   If, during a compliance review conducted under
22      section 3(a)(7), the health care facility willfully fails to
23      provide the records required for the review to the Department
24      of Health, the health care facility shall be guilty of a
25      misdemeanor of the third degree.
26      (b)   Department of Health.--If, during a compliance review
27   conducted under section 3(a)(7), the inspection reveals that
28   child protective services or a law enforcement agency was not
29   notified of suspected sexual abuse or exploitation and the
30   inspector from the department willfully does not notify child

20250HB1839PN2275                       - 3 -
1   protective services or a law enforcement agency as required
2   under 23 Pa.C.S. Ch. 63, the inspector shall be guilty of a
3   misdemeanor of the third degree.
4      Section 4.   The addition of the definition of "sexual abuse
5   or exploitation" in section 2, section 3(a)(7) and section 4.1
6   of the act shall apply to annual inspections of health care
7   facilities conducted on and after the effective date of this
8   section.
9      Section 5.   This act shall take effect in 30 days.




20250HB1839PN2275                 - 4 -