35 Pa. Stat. § 10172.2

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 10172.2 - Definitions

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

"Awaiting testing." With respect to sexual assault evidence, evidence that meets all of the following:

(1) Has been collected and is in the possession of a local law enforcement agency.

(2) Has not received DNA and other appropriate forensic analyses.

(3) Is related to a criminal case or investigation in which final disposition has not been reached.

(4) Should undergo DNA or other appropriate forensic analysis as determined by a local law enforcement agency.

"Backlogged evidence." Sexual assault evidence that is awaiting testing for 12 months or more.

"Child advocacy center." A local public agency in this Commonwealth, or a not-for-profit entity incorporated in this Commonwealth that is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 ( Public Law 99-514, 26 U.S.C.§ 501(c)(3) ) or any successor provision, which operates within this Commonwealth for the primary purpose of providing a child-focused, facility-based program dedicated to coordinating a formalized multidisciplinary response to suspected child abuse. At a minimum, either onsite or through a partnership with another entity or entities, a child advocacy center shall assist county agencies, investigative teams and law enforcement by providing services, including forensic interviews, medical evaluations, therapeutic interventions, victim support and advocacy, team case reviews and a system for case tracking.

"CODIS." The Combined DNA Index System established and maintained by the Federal Bureau of Investigation.

"Date rape drug." Any sedating substance that can be used to incapacitate a victim, making that person more susceptible to sexual assault, including, but not limited to, Rohypnol, ketamine, GHB, MDMA (ecstasy) and their derivatives.

"Department." The Department of Health of the Commonwealth.

"Final disposition." With respect to a criminal case or investigation to which sexual assault evidence relates, any of the following:

(1) The conviction or acquittal of all suspected perpetrators of the crime involved.

(2) A determination by the local law enforcement agency in possession of the sexual assault evidence that the case is unfounded.

(3) A declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed.

"Local law enforcement agency." A police department of a city, borough, incorporated town or township, a regional police department, the Pennsylvania State Police or campus police.

"PCAR." The Pennsylvania Coalition Against Rape.

"Rape kit." A sexual assault evidence collection kit.

"SART." The Sexual Assault Response Team.

"Sexual assault." Any of the offenses specified in 18 Pa.C.S. Ch. 31 Subch. B (relating to definition of offenses).

"Sexual assault evidence." Rape kit evidence collected by a hospital or health care facility under the minimum standards published pursuant to 28 Pa. Code§ 117.52(a)(1) (relating to minimum requirements for sexual assault emergency services).

"Victim of sexual assault" or "victim." A person who represents to a health care professional, hospital or other health care facility that the person has experienced a sexual assault.

35 P.S. § 10172.2

Amended by P.L. TBD 2015 No. 27, § 2, eff. 9/8/2015.

2006, Nov. 29, P.L. 1471, No. 165, § 2, effective in 60 days [Jan. 29, 2007].