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PA Bulletin, Doc. No. 24-1452

THE GOVERNOR

Title 4—ADMINISTRATION

PART I. GOVERNOR'S OFFICE

[ 4 PA. CODE CHS. 5 AND 6 ]

[ EXECUTIVE ORDER NO. 2024-02 ]

Office of Gun Violence Prevention

[54 Pa.B. 6410]
[Saturday, October 12, 2024]

September 9, 2024

Whereas, Governor Tom Wolf issued Executive Order 2019-06, Reducing Gun Violence, establishing the Office of Gun Violence Prevention (Office) within the Pennsylvania Commission on Crime and Delinquency (PCCD) on August 16, 2019; and

Whereas, gun violence is a multi-layered public safety and public health issue that must be addressed through a comprehensive and coordinated approach, informed by data and research; and

Whereas, unintentional firearm injury is also a leading cause of death among children and adolescents in the United States, and research shows that securing firearms and other gun safety practices can effectively prevent these injuries; and

Whereas, more than 1,600 individuals die as the result of gun-related injuries in Pennsylvania each year, and Pennsylvania's firearm fatality rate is significantly higher than rates within other portions of the Northeast Region of the United States; and

Whereas, frequent shootings impact the communities in which they occur, resulting in grief and trauma, uncertainty around safety, and other devastating effects; and

Whereas, a significant portion of Pennsylvania's suicide rates involve firearms, highlighting the critical need for mental health support and gun safety measures; and

Whereas, gun violence intersects with domestic violence, with over 4.5 million women reporting they have been threatened with a firearm by an intimate partner, and nearly half of all mass shootings are linked to domestic violence; and

Whereas, the Commonwealth must be committed to deploying all necessary resources to reduce gun violence and keep weapons out of the hands of those not legally permitted to possess them and those with an intent to do harm to themselves or others; and

Whereas, the White House's Safer States Initiative encourages states to establish an Office of Gun Violence Prevention to coordinate new policies, programs, and resources across state agencies and with local and federal governments, among other responsibilities; and

Whereas, Sections 501 and 502 of The Administrative Code of 1929 (71 P.S. §§ 181, 182) require administrative departments and the several independent and departmental administrative boards and commissions to coordinate their work and activities with other departments, boards, and commissions.

Now, Therefore, I, Josh Shapiro, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby order and direct as follows:




Governor

Fiscal Note: GOV-2024-02. Under section 612 of The Administrative Code of 1929 (71 P.S. § 232), (1) General Fund; (2) Implementing Year 2024-25 is $1,000,000; (3) 1st Succeeding Year 2025-26 through 5th Succeeding Year 2029-30 are $1,000,000; (4) 2023-24 Program—$23,583,000; 2022-23 Program—$16,927,000; 2021-22 Program—$11,377,000; (7) Pennsylvania Commission on Crime and Delinquency—GGO; (8) recommends adoption. Funds have been included in the budget to cover this increase.

Annex A

TITLE 4. ADMINISTRATION

PART I. GOVERNOR'S OFFICE

CHAPTER 5. COUNCILS AND COMMITTEES

Subchapter TTT. [Reserved]

§§ 5.1011—5.1018. [Reserved].

CHAPTER 6. ADDITIONAL COUNCILS AND COMMITTEES

Subchapter ZZZ. OFFICE OF GUN VIOLENCE PREVENTION

Sec.

6.981.Definitions.
6.982.Office of Gun Violence Prevention.
6.983.Division of Violence Prevention.
6.984.Gun violence data dashboard.
6.985.Executive agency responsibilities.
6.986.Implementation.
6.987.General.
6.988.Effective date.
6.989.Rescission.

§ 6.981. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

CVI—Community violence intervention.

DHS—The Department of Human Services of the Commonwealth.

DOH—The Department of Health of the Commonwealth.

Dashboard—The gun violence data dashboard.

Division—The Division of Violence Prevention within DOH.

Office—The Office of Gun Violence Prevention within the PCCD.

PCCD—The Pennsylvania Commission on Crime and Delinquency of the Commonwealth.

PSP—The Pennsylvania State Police.

§ 6.982. Office of Gun Violence Prevention.

 There is hereby reestablished within the PCCD, the office, which shall work to build safer communities across this Commonwealth by supporting policies, strategies and programs designed to better understand, prevent and reduce gun violence in this Commonwealth. The office shall be led by a director, who shall be an employee of the PCCD, reporting to the PCCD's Executive Director, and who will be responsible for overseeing the office's efforts. The office shall have the following powers and duties:

 (1) Coordinate with the PCCD's commission and advisory committees, and relevant offices and staff, to align and advance efforts to prevent and address gun violence in this Commonwealth, utilizing recommendations made by the Special Council on Gun Violence's Report and Nationally recognized best practices.

 (2) Convene an advisory group of National, State and community experts, as well as a broad range of stakeholders, including, but not limited to, survivors of gun violence, CVI experts, physical health care and behavioral health practitioners, community-based organizations, law enforcement, public safety professionals, victims' services programs, public health professionals, the PCCD and advisory committee members and other State agencies to help inform the office's work.

 (3) Coordinate with the PCCD and the Governor's Office to identify and apply for non-State funding to aid in the research, analysis, funding and implementation of Statewide gun violence intervention and prevention strategies.

 (4) Working closely with Federal, State and local partners, conduct timely data collection and research regarding firearm-related injuries, fatalities and incidents.

 (5) In conjunction with the PCCD's Office of Victims' Services, identify strategies for improving services and support for gun violence victims, including witnesses, relatives, classmates, coworkers or other associates of individuals who have been killed, injured or threatened by gun violence, as well as address the intersections of gun violence with domestic violence and intimate partner violence.

 (6) Spearhead the development of a comprehensive youth gun involvement and violence reduction plan for this Commonwealth, including developing forums for hearing directly from youth on motivations for gun possession.

 (7) Coordinate and advance evidence-based and trauma-informed CVI strategies across this Commonwealth, including hospital and community-based violence intervention programs.

 (8) Create and maintain a network of CVI and gun violence reduction programs across this Commonwealth through the PA Peace Alliance and other collaborative initiatives, when determined by the office to be appropriate.

 (9) Coordinate Statewide technical assistance and training focused on violence intervention, prevention and CVI strategies and best practices.

 (10) Collaborate with DOH's Division of Violence Prevention, DHS and other key stakeholders to support the development and implementation of public awareness campaigns and other strategies to increase knowledge and adoption of resources related to gun violence prevention, including firearm safety practices like safer storage and child access prevention strategies.

 (11) Develop a gun violence prevention plan for this Commonwealth and a corresponding strategic plan for the office.

 (12) Create and maintain a comprehensive online gun violence data dashboard and resource hub, informed in part by the DOH, to serve as a ''one-stop-shop'' for data, research and statistical information regarding gun violence in this Commonwealth.

§ 6.983. Division of Violence Prevention.

 The division, housed within DOH, shall assist the office to help reduce gun violence from a public health perspective. The division will collaborate with the office and shall continue to administer DOH's existing violence prevention programs.

§ 6.984. Gun violence data dashboard.

 The PCCD, DOH, DHS, PSP and other Commonwealth entities may establish data sharing agreements and protocols necessary for the creation of a dashboard, which shall be administered by the office. The dashboard will collect and provide publicly available public health and safety data related to firearm injury, fatalities and crime, including the scope, frequency and locations of firearm-related violence, and the populations affected. This work will build upon existing data collection and analysis efforts supported by the PCCD and DOH, including DOH's efforts to enhance the Pennsylvania Violent Death Reporting System and its Violence Data Dashboard.

§ 6.985. Executive agency responsibilities.

 In addition to the foregoing, the following Commonwealth agencies will provide support to assist in understanding the causes and prevention of gun violence:

 (1) DOH will advise the office on public health strategies to prevent and reduce gun violence, including gun safety strategies, such as safer storage practices, that can prevent injury and death resulting from firearms. In addition, DOH will advise on local implementation of suicide death review teams under Article XXI(b) of The Administrative Code of 1929 (71 P.S. §§ 557—557.7), provide data to the dashboard and make recommendations to prevent future firearm-related injuries and deaths in this Commonwealth.

 (2) DHS will direct the Suicide Prevention Task Force to make recommendations on actions to reduce suicides by firearms, as well as actively explore potential mechanisms for using other funding sources under DHS's purview to provide support for individuals who have experienced or who are most at risk for experiencing gun violence. These recommendations should include an analysis of other states' resources to support, expand and sustain hospital-based violence intervention programs, community-based violence intervention programs and other evidence-based strategies.

 (3) PSP will advise on law enforcement-related strategies to prevent and reduce gun violence, as well as on how to enhance and expand its current efforts to identify and deter potential sources of gun violence. PSP will also provide the PCCD relevant criminal incident data sets as permitted by law for analysis to support the efforts of the office.

 (4) The Department of Community and Economic Development will advise the office, in collaboration with the PCCD, on community revitalization needs and projects that could assist in reducing gun violence in those areas most impacted by gun violence.

 (5) The Department of Education will coordinate with the PCCD on issues related to youth-focused and school-based initiatives to support CVI and other violence prevention initiatives. The Department of Education may provide relevant publicly available data to the office, as requested, and develop guidance, educational materials and other resources in collaboration with the office and other State agencies.

§ 6.986. Implementation.

 Commonwealth agencies under the Governor's jurisdiction are directed to take all steps necessary to implement this subchapter.

§ 6.987. General.

 This subchapter shall be implemented consistent with applicable law. Nothing in this subchapter shall be construed to impair or otherwise affect the authority granted by law to an executive department, agency or the head thereof. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other person.

§ 6.988. Effective date.

 This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

§ 6.989. Rescission.

 Effective immediately, Executive Order 2019-06, Reducing Gun Violence, is hereby rescinded.

 (Editor's Note: 4 Pa. Code Chapter 5, Subchapter TTT, §§ 5.1011—5.1018, which is the codification of Executive Order 2019-06, is reserved as a result of the rescission of Executive Order 2019-06 under § 6.989.)

[Pa.B. Doc. No. 24-1452. Filed for public inspection October 11, 2024, 9:00 a.m.]



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