PRINTER'S NO. 1157
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1101
Session of
2023
INTRODUCED BY OTTEN, HILL-EVANS, SCHLOSSBERG, MADDEN, CIRESI,
HOHENSTEIN, SANCHEZ, D. WILLIAMS, FIEDLER, PARKER, FLEMING,
KINSEY, KINKEAD AND FRANKEL, MAY 5, 2023
REFERRED TO COMMITTEE ON HEALTH, MAY 5, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in public safety, providing for the
Pennsylvania Violent Death Reporting System; and imposing
duties on the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
PENNSYLVANIA VIOLENT DEATH REPORTING SYSTEM
Sec.
5901. Scope of chapter.
5902. Definitions.
5903. Creation and purpose of system.
5904. System information.
5905. Pennsylvania Violent Death Advisory Group.
5906. Data collection.
5907. Duty to provide information.
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5908. Annual report.
5909. Rules and regulations.
§ 5901. Scope of chapter.
This chapter relates to the Pennsylvania Violent Death
Reporting System.
§ 5902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adverse childhood experiences." Negative life events or
experiences that occur before 18 years of age. The term
includes:
(1) Physical abuse.
(2) Emotional abuse.
(3) Abandonment.
(4) Neglect.
(5) Losing a family member to suicide.
(6) Growing up in a household with substance abuse or
alcoholism.
(7) Having a parent with a mental illness.
(8) Having a parent who is incarcerated.
(9) Being the child of divorced parents.
"Advisory group." The Pennsylvania Violent Death Advisory
Group established under section 5905 (relating to Pennsylvania
Violent Death Advisory Group).
"Agency." A Commonwealth agency, local agency, judicial
agency or legislative agency.
"Commonwealth agency." The following:
(1) An office, department, authority, board, multistate
agency or commission of the executive branch, an independent
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agency or a State-affiliated entity, including:
(i) The Governor's Office.
(ii) The Office of Attorney General, the Department
of the Auditor General or the Treasury Department.
(iii) An organization established by the
Constitution of Pennsylvania, a statute or an executive
order which performs or is intended to perform an
essential governmental function.
(2) The term does not include a judicial agency or
legislative agency.
"Controlled substance." A drug, substance or immediate
precursor included in Schedule I, II, III, IV or V of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Coroner." An elected or appointed coroner or an elected or
appointed medical examiner.
"Department." The Department of Health of the Commonwealth.
"Domestic firearm violence." Instances of firearm violence
against family or household members, sexual or intimate partners
or individuals who share biological parenthood.
"Firearm." As defined in 18 Pa.C.S. § 6105(i) (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms).
"Firearm violence." One of the following:
(1) a discharge of a firearm that results in injury or
fatality regardless of intent; or
(2) a discharge of a firearm with the intent to cause
injury or fatality.
"Individual not to possess a firearm." A person who is
prohibited from the possession, use, control, sale, transfer,
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manufacture or obtaining of a license to possess, use, control,
sell, transfer or manufacture a firearm in this Commonwealth
under 18 Pa.C.S. § 6105.
"Law enforcement agency." The following:
(1) A public agency of a political subdivision having
general police powers and charged with making arrests in
connection with the enforcement of criminal or traffic laws.
The term includes the sheriff's office in a county of the
second class.
(2) A campus police or university police department, as
used in section 2416 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, certified
by the Office of Attorney General as a criminal justice
agency as defined in 18 Pa.C.S. § 9102 (relating to
definitions).
(3) A railroad or street railway police department
formed with officers commissioned under 22 Pa.C.S. Ch. 33
(relating to railroad and street railway police) or any prior
statute providing for the commissioning.
(4) The Capitol Police.
(5) The Harrisburg International Airport Police.
(6) An airport authority police department.
(7) A county park police force under section 2511(b) of
the act of August 9, 1955 (P.L.323, No.130), known as The
County Code.
(8) The Pennsylvania State Police.
(9) The Pennsylvania Game Commission.
(10) The Office of Attorney General.
"Mass shooting." An incident of firearm violence that
results in the injury or fatality of four or more individuals,
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not including the shooter. The term does not include multiple-
victim homicide incidents in which the killer's spouse and one
or more children are slain.
"Mentally ill." An individual who, as a result of mental
disease or defect, lacks substantial capacity either to
appreciate the wrongfulness of the individual's conduct or to
conform the individual's conduct to the requirements of the law.
"Minor." An individual under 18 years of age.
"Police officer." The following apply:
(1) The following:
(i) A full-time or part-time employee assigned to
criminal or traffic law enforcement duties of:
(A) A police department of a county, city,
borough, town or township.
(B) A railroad or street railway police.
(C) A campus police or university police
department, as used in section 2416 of The
Administrative Code of 1929, certified by the Office
of Attorney General as a criminal justice agency as
defined in 18 Pa.C.S. § 9102.
(D) The Capitol Police.
(E) The Harrisburg International Airport Police.
(F) An airport authority police department.
(G) A county park police force under section
2511(b) of The County Code.
(H) The Pennsylvania State Police.
(I) The Pennsylvania Game Commission.
(J) The Office of Attorney General.
(ii) A school police officer, school resource
officer or school security guard under section 1301-C of
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the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(iii) A deputy sheriff of a county of the second
class.
(iv) A security officer of a first class city
housing authority or a police officer of a second class
city housing authority.
(2) The term does not include an individual employed by
a law enforcement agency to check parking meters or perform
only administrative duties and auxiliary and fire police.
"Political subdivision." A county, city, borough,
incorporated town, township, school district, intermediate unit,
area career and technical school or county institution district.
"Public record." As defined in section 102 of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
"Rural county." A county within this Commonwealth where the
population density is less than 284 persons per square mile as
defined by the Center for Rural Pennsylvania.
"Secretary." The Secretary of Health of the Commonwealth.
"Shooter." An individual responsible for the discharge of a
firearm that causes an injury or fatality.
"Substance use." Being under the influence of alcohol or a
controlled substance which impairs an individual's ability to
conduct themselves in a safe manner.
"Suburban county." A county in this Commonwealth with a
population density of 284 persons per square mile or greater
that has not been designated as an urban county.
"System." The Pennsylvania Violent Death Reporting System
created under this chapter.
"Urban county." A county in this Commonwealth which has been
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designated as an urban county by the United States Department of
Housing and Urban Development under the Federal Community
Development Block Grant Program administered by the United
States Department of Housing and Urban Development under 42
U.S.C. Ch. 69 (relating to community development) as of Federal
fiscal year 1984 and which receives a direct Community
Development Block Grant annual entitlement from the United
States Department of Housing and Urban Development.
"Weapon." An item readily capable of lethal use and
possessed under circumstances not manifestly appropriate for
lawful uses. The term includes a firearm which is not loaded or
lacks a clip or other component to render the firearm
immediately operable and components which can readily be
assembled into a weapon.
§ 5903. Creation and purpose of system.
(a) Creation and purpose.--The Pennsylvania Violent Death
Reporting System shall be created and maintained by the
department to collect data regarding violent death information
and help the department to:
(1) Monitor the incidences and causes of various types
of violent deaths.
(2) Create appropriate epidemiological studies of
violent deaths in this Commonwealth.
(3) Analyze trends and patterns in, and circumstances
related to, violent deaths.
(4) With the assistance of the advisory group, recommend
action to relevant entities to prevent violent deaths and
make other recommendations that the secretary deems
necessary.
(b) Staff.--The department shall, within the limitations of
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appropriations made to the department, employ professional,
technical, administrative and other staff personnel as deemed
essential to the development and maintenance of the system.
§ 5904. System information.
(a) Confidential information.--Notwithstanding any other
provision of law, the following information may not be deemed a
public record, shall be confidential and exempt from access
under the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law, and may only be published in statistical
form:
(1) Information, data and records collected for use and
maintained by the system, including medical records, law
enforcement investigative records, coroner investigative
records, laboratory reports and other records concerning a
decedent.
(2) Work products created in carrying out the purposes
of the system.
(b) Not subject to subpoena or discovery.--Information, data
and records collected for use and maintained by and all work
products created in carrying out the tasks of the system may not
be subject to subpoena or discovery while in the possession of
the system or admissible in any criminal or civil proceeding if
obtained through or from the system.
(c) Accessing information.--The secretary shall establish
guidelines to create standards and procedures to make available
to researchers confidential information collected by the system.
Researchers complying with the standards and procedures shall
also comply with the confidentiality requirements under
subsection (a).
§ 5905. Pennsylvania Violent Death Advisory Group.
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The secretary shall establish the Pennsylvania Violent Death
Advisory Group consisting of interested parties and stakeholders
to recommend actions to relevant entities to prevent violent
deaths and make other recommendations that the secretary deems
necessary in accordance with section 5903(a)(4) (relating to
creation and purpose of system).
§ 5906. Data collection.
(a) Data collection model.--The data collection model used
for the system shall follow the data collection model used by
the United States Centers for Disease Control and Prevention's
National Violent Death Reporting System and any other data
collection model the secretary deems necessary under this
section.
(b) Type, source and methods of data collection.--In
accordance with rules and regulations promulgated under this
chapter, the secretary shall:
(1) Specify the types of violent deaths that shall be
included in the system.
(2) Specify the information, data and records to be
collected for use by the system.
(3) Specify the sources from which the information, data
and records are to be collected for use by the system.
(4) Suggest other data collection models to be used by
the system.
(c) Minimum firearm data collection.--In addition to types
of violent deaths, the following information and data relating
to firearms shall be included in the system:
(1) An analysis comparing:
(i) Fatalities and injuries from firearm violence
broken down by the age of the shooter.
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(ii) Incidents of firearm violence in urban
counties, suburban counties and rural counties.
(iii) Shooters who are mentally ill to shooters who
are not mentally ill and commit firearm violence by age
group.
(iv) The popularity of a firearm and the number of
injuries and fatalities resulting from incidents of
firearm violence committed with that type of firearm.
(2) An analysis of:
(i) Accidental firearm self-injury and fatalities.
(ii) All instances of firearm violence by severity.
(iii) Available information on the home environment
and social determinants of health and the effects of
these factors on shooters and victims of firearm
violence.
(iv) Available information on the impact that trauma
and adverse childhood experiences had on the shooter.
(v) Demographic information of firearm violence
victim fatalities.
(vi) Fatalities in which the shooter was under the
influence of a substance as a percentage of total firearm
fatalities, by age.
(vii) Firearm safety courses across this
Commonwealth.
(viii) Firearm violence by county.
(ix) Firearm violence by incident type.
(x) Firearm violence by month, day of the week and
hour of the day.
(xi) Firearm violence resulting from shooting errors
or accidents.
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(xii) Historical data on individuals not to possess
a firearm and minors who committed firearm violence and
whether the minor was an individual with a mental
illness.
(xiii) Shooters and victims with a mental illness
who are involved in incidents of firearm violence, by age
and sex.
(xiv) Injuries and fatalities caused by a firearm
malfunction.
(xv) Instances of firearm violence that take place
on a holiday.
(xvi) Instances of firearm violence in which the
firearm was illegally obtained.
(xvii) Intentional self-harming firearm violence by
age and sex.
(xviii) Marketing dollars spent and marketing
platforms used to advertise different types of firearms
and the target audience for firearm advertisements.
(xix) Police officer-involved firearm violence.
(xx) Shooters who have received firearm safety
training, when this information is available.
(xxi) Systematic firearm violence by county.
(xxii) The age of shooters broken down by incident
type.
(xxiii) The frequency of substance use involved in
instances of firearm violence.
(xxiv) The number of injuries and fatalities
resulting from an incident of firearm violence by firearm
type.
(xxv) The reason, motive and precipitating
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circumstances of firearm violence, when this information
is available.
(xxvi) The relationships between victims of firearm
violence and shooters.
(xxvii) The situation precipitating unintentional
firearm injuries and fatalities, when this information is
available.
(xxviii) The social media presence of a shooter,
frequency of social media activity of a shooter and if
the shooter broadcast or recorded themselves committing
firearm violence and uploaded the recording to social
media, if this information is available.
(xxix) The trends of firearm violence in the past 10
years.
(xxx) The type of firearm involved in an incident of
firearm violence and the type of incident.
(xxxi) The type of firearm violence committed in
situations involving substance use.
(xxxii) The types of locations where instances of
firearm violence take place.
(xxxiii) The victims of firearm violence involving
substance use, including a breakdown of the time of day
and day of the week that the firearm violence occurred.
(xxxiv) The number of individuals affected by the
firearm violence incident.
(3) Demographics of shooters and victims of firearm
violence.
(4) Economic losses to this Commonwealth as a result of
firearm violence.
(5) Five-year trends of:
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(i) Firearm violence by county.
(ii) Accidental firearm violence by firearm type,
age and sex of the shooter and if the shooter was legally
in possession of the firearm.
(iii) Accidental firearm violence fatalities and
injuries by county.
(iv) Domestic firearm violence incidents by county.
(v) Fatalities and injuries caused by firearms.
(vi) Firearm violence fatalities and injuries by age
group by county.
(vii) Incidents of police officer-involved firearm
violence.
(viii) Injuries and fatalities comparing instances
of firearm violence to other weapons.
(ix) Mass shootings by county.
(x) Substance-use-related fatalities by county.
(xi) Substance-use-related firearm fatalities by
county.
(xii) The frequency of substance use involved in
firearm violence.
(d) Collection from existing sources.--The department shall
collect information about violent deaths in this Commonwealth
only from existing sources related to violent crimes and may not
conduct independent criminal investigations in order to obtain
information, data or records for use in the system.
(e) Data of State agencies.--At the request of the
department, an agency and political subdivision of the
Commonwealth shall provide information, data and records and
otherwise assist in the collection of information for the
system.
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(f) Data of other entities and individuals.--At the request
of the department, an individual or entity not specified in this
section, at the individual's or entity's discretion, may provide
information, data or records and otherwise assist in the
collection of data. Information, data and records provided to
the department by other individuals or entities shall contain
only information, data or records that are available or
reasonably drawn from information, data and records developed
and kept in the normal course of business.
§ 5907. Duty to provide information.
Notwithstanding any other provision of law, an individual,
public social service agency, public agency that provides
services to individuals or families, law enforcement agency,
coroner or public entity that provides services to an individual
whose death is the type of death specified by the secretary
under this chapter shall provide information, data and records
and otherwise assist in the execution of this chapter.
§ 5908. Annual report.
The department shall annually compile and make available to
the public on the department's publicly accessible Internet
website a report containing statistical information collected
and analyses prepared in accordance with section 5906 (relating
to data collection). The department shall submit the annual
report to the chairperson and minority chairperson of the Health
and Human Services Committee of the Senate and the chairperson
and minority chairperson of the Health Committee of the House of
Representatives.
§ 5909. Rules and regulations.
The department shall promulgate rules and regulations to
administer and enforce this act.
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Section 2. This act shall take effect in 90 days.
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