PRINTER'S NO. 1319
No. 1112 Session of 2005
INTRODUCED BY TRUE, ARMSTRONG, BAKER, BASTIAN, BUXTON,
CALTAGIRONE, CAPPELLI, CASORIO, CREIGHTON, FORCIER, GANNON,
GINGRICH, GOODMAN, HARRIS, HERSHEY, HICKERNELL, KILLION,
LEACH, LEDERER, MACKERETH, ROSS, STERN, WATSON, YOUNGBLOOD,
STABACK, TIGUE, BOYD, HENNESSEY, BALDWIN, SCAVELLO, METCALFE,
CURRY, GRELL, GEIST, FRANKEL AND S. MILLER, MARCH 29, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 29, 2005
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for the offense of corrupt
4 organizations; providing for the offense of trafficking in
5 persons; further providing for order authorizing interception
6 of wire, electronic or oral communications; and providing for
7 sentencing for trafficking of persons.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 911(h)(1) of Title 18 of the Pennsylvania
11 Consolidated Statutes is amended to read:
12 § 911. Corrupt organizations.
13 * * *
14 (h) Definitions.--As used in this section:
15 (1) "Racketeering activity" means:
16 (i) any act which is indictable under any of the
17 following provisions of this title:
18 Chapter 25 (relating to criminal homicide)
1 Section 2706 (relating to terroristic threats)
2 Chapter 29 (relating to kidnapping)
3 Chapter 30 (relating to trafficking of persons)
4 Chapter 33 (relating to arson, etc.)
5 Chapter 37 (relating to robbery)
6 Chapter 39 (relating to theft and related
7 offenses)
8 Section 4108 (relating to commercial bribery and
9 breach of duty to act disinterestedly)
10 Section 4109 (relating to rigging publicly
11 exhibited contest)
12 Section 4117 (relating to insurance fraud)
13 Chapter 47 (relating to bribery and corrupt
14 influence)
15 Chapter 49 (relating to falsification and
16 intimidation)
17 Section 5111 (relating to dealing in proceeds of
18 unlawful activities)
19 Section 5512 through 5514 (relating to gambling)
20 Chapter 59 (relating to public indecency)
21 (ii) any offense indictable under section 13 of the
22 act of April 14, 1972 (P.L.233, No.64), known as The
23 Controlled Substance, Drug, Device and Cosmetic Act
24 (relating to the sale and dispensing of narcotic drugs);
25 (iii) any conspiracy to commit any of the offenses
26 set forth in subparagraphs (i) and (ii) of this
27 paragraph; or
28 (iv) the collection of any money or other property
29 in full or partial satisfaction of a debt which arose as
30 the result of the lending of money or other property at a
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1 rate of interest exceeding 25% per annum or the
2 equivalent rate for a longer or shorter period, where not
3 otherwise authorized by law.
4 Any act which otherwise would be considered racketeering
5 activity by reason of the application of this paragraph,
6 shall not be excluded from its application solely because the
7 operative acts took place outside the jurisdiction of this
8 Commonwealth, if such acts would have been in violation of
9 the law of the jurisdiction in which they occurred.
10 * * *
11 Section 2. Title 18 is amended by adding a chapter to read:
12 CHAPTER 30
13 TRAFFICKING OF PERSONS
14 Sec.
15 3001. Definitions.
16 3002. Trafficking of persons.
17 3003. Restitution for offenses.
18 § 3001. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Criminal coercion." The term includes conduct defined as
23 criminal coercion by section 2906 (relating to criminal
24 coercion).
25 "Forced labor or services." Labor or services that are
26 performed or provided by another person which are obtained or
27 maintained when a person:
28 (1) attempts to cause, causes or by threat of physical
29 menace puts another person in fear of bodily injury;
30 (2) physically restrains or threatens to physically
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1 restrain another person unlawfully;
2 (3) abuses or threatens to abuse the law or legal
3 process;
4 (4) destroys, conceals, removes, confiscates or
5 possesses any actual or purported passport or other
6 immigration document of another person, or any other actual
7 or purported government identification document of another
8 person; or
9 (5) engages in criminal coercion of another person.
10 "Traffics." Recruits, entices, harbors, transports or
11 provides or obtains by any means.
12 § 3002. Trafficking of persons.
13 (a) Offense defined.--A person commits an offense if the
14 person knowingly traffics or knowingly attempts to traffic
15 another person, knowing that the other person will be subjected
16 to forced labor or services.
17 (b) Grading.--An offense under subsection (a) shall be
18 graded a felony of the second degree unless the other person
19 suffers bodily injury or the other person is an individual under
20 18 years of age, in which case it shall be graded as a felony of
21 the first degree.
22 § 3003. Restitution for offenses.
23 (a) General rule.--A person convicted of an offense under
24 this chapter shall, in addition to any other remedy deemed
25 appropriate by the court, be sentenced to pay the victim
26 restitution, including the greater of:
27 (1) the gross income or value to the person to whom the
28 labor or services were performed by the victim; or
29 (2) the value of the victim's labor based on the minimum
30 wage of this Commonwealth.
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1 (b) Private remedies.--Nothing in this section shall be
2 construed to preclude any other remedy at law or in equity.
3 Section 3. Section 5708(1) of Title 18 is amended to read:
4 § 5708. Order authorizing interception of wire, electronic or
5 oral communications.
6 The Attorney General, or, during the absence or incapacity of
7 the Attorney General, a deputy attorney general designated in
8 writing by the Attorney General, or the district attorney or,
9 during the absence or incapacity of the district attorney, an
10 assistant district attorney designated in writing by the
11 district attorney of the county wherein the suspected criminal
12 activity has been, is or is about to occur, may make written
13 application to any Superior Court judge for an order authorizing
14 the interception of a wire, electronic or oral communication by
15 the investigative or law enforcement officers or agency having
16 responsibility for an investigation involving suspected criminal
17 activities when such interception may provide evidence of the
18 commission of any of the following offenses, or may provide
19 evidence aiding in the apprehension of the perpetrator or
20 perpetrators of any of the following offenses:
21 (1) Under this title:
22 Section 911 (relating to corrupt organizations)
23 Section 2501 (relating to criminal homicide)
24 Section 2502 (relating to murder)
25 Section 2503 (relating to voluntary manslaughter)
26 Section 2702 (relating to aggravated assault)
27 Section 2706 (relating to terroristic threats)
28 Section 2709.1 (relating to stalking)
29 Section 2716 (relating to weapons of mass
30 destruction)
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1 Section 2901 (relating to kidnapping)
2 Section 3002 (relating to trafficking of persons)
3 Section 3121 (relating to rape)
4 Section 3123 (relating to involuntary deviate sexual
5 intercourse)
6 Section 3124.1 (relating to sexual assault)
7 Section 3125 (relating to aggravated indecent
8 assault)
9 Section 3301 (relating to arson and related offenses)
10 Section 3302 (relating to causing or risking
11 catastrophe)
12 Section 3502 (relating to burglary)
13 Section 3701 (relating to robbery)
14 Section 3921 (relating to theft by unlawful taking or
15 disposition)
16 Section 3922 (relating to theft by deception)
17 Section 3923 (relating to theft by extortion)
18 Section 4701 (relating to bribery in official and
19 political matters)
20 Section 4702 (relating to threats and other improper
21 influence in official and political matters)
22 Section 5512 (relating to lotteries, etc.)
23 Section 5513 (relating to gambling devices, gambling,
24 etc.)
25 Section 5514 (relating to pool selling and
26 bookmaking)
27 Section 5516 (relating to facsimile weapons of mass
28 destruction)
29 Section 6318 (relating to unlawful contact with
30 minor)
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1 * * *
2 Section 4. Title 42 is amended by adding a section to read:
3 § 9720.2. Sentencing for trafficking of persons.
4 Notwithstanding any other provision of law, a person who
5 commits a violation of 18 Pa.C.S. § 3002 (relating to
6 trafficking of persons) while violating:
7 (1) 18 Pa.C.S. § 2901 (relating to kidnapping);
8 (2) 18 Pa.C.S. § 3121 (relating to rape); or
9 (3) 18 Pa.C.S. § 3123 (relating to involuntary deviate
10 sexual intercourse);
11 shall be sentenced up to a maximum term of life imprisonment.
12 Section 5. This act shall take effect in 60 days.
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