SENATE AMENDED
PRIOR PRINTER'S NOS. 1319, 3212 PRINTER'S NO. 4821
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, S. MILLER, DENLINGER, CRAHALLA,
CIVERA, SCHRODER, MUNDY, THOMAS, HARPER, RAPP AND BROWNE,
MARCH 29, 2005
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 17, 2006
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 and for criminal
8 forfeiture.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 911(h)(1) of Title 18 of the Pennsylvania
12 Consolidated Statutes is amended to read:
13 § 911. Corrupt organizations.
14 * * *
15 (h) Definitions.--As used in this section:
16 (1) "Racketeering activity" means:
17 (i) any act which is indictable under any of the
1 following provisions of this title:
2 Chapter 25 (relating to criminal homicide)
3 Section 2706 (relating to terroristic threats)
4 Chapter 29 (relating to kidnapping)
5 Chapter 30 (relating to trafficking of persons)
6 Chapter 33 (relating to arson, etc.)
7 Chapter 37 (relating to robbery)
8 Chapter 39 (relating to theft and related
9 offenses)
10 Section 4108 (relating to commercial bribery and
11 breach of duty to act disinterestedly)
12 Section 4109 (relating to rigging publicly
13 exhibited contest)
14 Section 4117 (relating to insurance fraud)
15 Chapter 47 (relating to bribery and corrupt
16 influence)
17 Chapter 49 (relating to falsification and
18 intimidation)
19 Section 5111 (relating to dealing in proceeds of
20 unlawful activities)
21 Section 5512 through 5514 (relating to gambling)
22 Chapter 59 (relating to public indecency)
23 (ii) any offense indictable under section 13 of the
24 act of April 14, 1972 (P.L.233, No.64), known as The
25 Controlled Substance, Drug, Device and Cosmetic Act
26 (relating to the sale and dispensing of narcotic drugs);
27 (iii) any conspiracy to commit any of the offenses
28 set forth in subparagraphs (i) and (ii) of this
29 paragraph; or
30 (iv) the collection of any money or other property
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1 in full or partial satisfaction of a debt which arose as
2 the result of the lending of money or other property at a
3 rate of interest exceeding 25% per annum or the
4 equivalent rate for a longer or shorter period, where not
5 otherwise authorized by law.
6 Any act which otherwise would be considered racketeering
7 activity by reason of the application of this paragraph,
8 shall not be excluded from its application solely because the
9 operative acts took place outside the jurisdiction of this
10 Commonwealth, if such acts would have been in violation of
11 the law of the jurisdiction in which they occurred.
12 * * *
13 Section 2. Title 18 is amended by adding a chapter to read:
14 CHAPTER 30
15 TRAFFICKING OF PERSONS
16 Sec.
17 3001. Definitions.
18 3002. Trafficking of persons.
19 3003. Restitution for offenses.
20 3004. Forfeiture.
21 § 3001. Definitions.
22 The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Criminal coercion." The term includes conduct defined as
26 criminal coercion by section 2906 (relating to criminal
27 coercion).
28 "Forced labor or services." Labor or services that are
29 performed or provided by another person which are obtained or
30 maintained when a person:
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1 (1) attempts to cause, causes or by threat of physical
2 menace puts another person in fear of bodily injury;
3 (2) physically restrains or threatens to physically
4 restrain another person unlawfully;
5 (3) abuses or threatens to abuse the law or legal
6 process;
7 (4) POSSESSES, EXCEPT AS REQUIRED BY FEDERAL IMMIGRATION <--
8 LAW OR REGULATION, destroys, conceals, removes, confiscates <--
9 or possesses OR CONFISCATES any actual or purported passport <--
10 or other immigration document of another person, or any other
11 actual or purported government identification document of
12 another person; or
13 (5) engages in criminal coercion of another person.
14 "Traffics." Recruits, entices, harbors, transports or
15 provides or obtains by any means.
16 § 3002. Trafficking of persons.
17 (a) Offense defined.--A person commits an offense if the
18 person knowingly traffics or knowingly attempts to traffic
19 another person, knowing that the other person will be subjected
20 to forced labor or services.
21 (b) Grading.--An offense under subsection (a) shall be
22 graded a felony of the second degree unless the other person
23 suffers bodily injury or the other person is an individual under
24 18 years of age, in which case it shall be graded as a felony of
25 the first degree.
26 § 3003. Restitution for offenses.
27 (a) General rule.--A person convicted of an offense under
28 this chapter shall, in addition to any other remedy deemed
29 appropriate by the court, be sentenced to pay the victim
30 restitution, including the greater of:
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1 (1) the gross income or value to the person to whom the
2 labor or services were performed by the victim; or
3 (2) the value of the victim's labor based on the minimum
4 wage of this Commonwealth.
5 (b) Private remedies.--Nothing in this section shall be
6 construed to preclude any other remedy at law or in equity.
7 § 3004. Forfeiture.
8 (a) General rule.--The following shall be subject to
9 forfeitures to the Commonwealth and no property right shall
10 exist in them:
11 (1) All assets foreign or domestic:
12 (i) Of an individual, entity or organization engaged
13 in planning or perpetrating an act in this Commonwealth
14 which violates section 3002 (relating to trafficking of
15 persons) and all assets, foreign or domestic, affording a
16 person a source of influence over such individual, entity
17 or organization.
18 (ii) Acquired or maintained by a person with the
19 intent and for the purpose of supporting, planning,
20 conducting or concealing an act in this Commonwealth
21 which violates section 3002.
22 (iii) Derived from, involved in or used or intended
23 to be used to commit an act in this Commonwealth which
24 violates section 3002.
25 (2) All assets within this Commonwealth:
26 (i) Of an individual, entity or organization engaged
27 in planning or perpetrating an act which violates section
28 3002.
29 (ii) Acquired or maintained with the intent and for
30 the purpose of supporting, planning, conducting or
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1 concealing an act which violates section 3002.
2 (iii) Derived from, involved in or used or intended
3 to be used to commit an act which violates section 3002.
4 (b) Process and seizures.--Property subject to forfeiture
5 under this section may be seized by the law enforcement
6 authority upon process issued by any court of common pleas
7 having jurisdiction over the property.
8 (c) Custody of property.--
9 (1) Property taken or detained under this section shall
10 not be subject to replevin but is deemed to be in the custody
11 of the law enforcement authority subject only to the orders
12 and decrees of the court of common pleas having jurisdiction
13 over the forfeiture proceedings and of the district attorney.
14 (2) When property is seized under this section, the law
15 enforcement authority shall place the property under seal and
16 either:
17 (i) remove the property to a place designated by it;
18 or
19 (ii) require that the district attorney take custody
20 of the property and remove it to an appropriate location
21 for disposition in accordance with law.
22 (d) Transfer of property.--Whenever property is forfeited
23 under this section, the property shall be transferred to the
24 custody of the district attorney. The district attorney, where
25 appropriate, may retain the property for official use or sell
26 the property, but the proceeds from any such sale shall be used
27 to pay all proper expenses of the proceedings for forfeiture and
28 sale, including expenses of seizure, maintenance of custody,
29 advertising and court costs. The balance of the proceeds shall
30 be used for the enforcement of the criminal laws of
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1 Pennsylvania.
2 (e) Proceedings and petition.--The proceedings for the
3 forfeiture or condemnation of property, the retention or sale of
4 which is provided for in this section, shall be in rem, in which
5 the Commonwealth shall be the plaintiff and the property the
6 defendant. A petition shall be filed in the court of common
7 pleas of the judicial district where the property is located,
8 verified by oath or affirmation of an officer or citizen,
9 containing the following:
10 (1) A description of the property seized.
11 (2) A statement of the time and place where seized.
12 (3) The owner, if known.
13 (4) The person or persons in possession, if known.
14 (5) An allegation that the property is subject to
15 forfeiture pursuant to this section and an averment of
16 material facts upon which forfeiture action is based.
17 (6) A prayer for an order of forfeiture that the
18 property be adjudged forfeited to the Commonwealth and
19 condemned unless cause be shown to the contrary.
20 (f) Service.--A copy of the petition required under
21 subsection (e) shall be served personally or by certified mail
22 on the owner or the person or persons in possession at the time
23 of the seizure. The copy shall have endorsed a notice, as
24 follows:
25 To the claimant of within Described Property:
26 You are required to file an answer to this petition, setting
27 forth your title in, and right to possession of, the property
28 within 30 days from the service of this notice. You are also
29 notified that, if you fail to file the answer, a decree of
30 forfeiture and condemnation will be entered against the
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1 property.
2 The notice shall be signed by the district attorney, deputy
3 district attorney or assistant district attorney.
4 (g) Notice.--
5 (1) If the owner of the property is unknown or there was
6 no person in possession of the property when seized or if the
7 owner or such person or persons in possession at the time of
8 the seizure cannot be personally served or located within the
9 jurisdiction of the court, notice of the petition shall be
10 given by the Commonwealth through an advertisement in only
11 one newspaper of general circulation published in the county
12 where the property shall have been seized, once a week for
13 two successive weeks. No other advertisement of any sort
14 shall be necessary, any other law to the contrary
15 notwithstanding.
16 (2) The notice shall contain a statement of the seizure
17 of the property with a description of the property and the
18 place and date of seizure and shall direct any claimants to
19 the property to file a claim on or before a date given in the
20 notice, which date shall not be less than 30 days from the
21 date of the first publication.
22 (3) If no claims are filed within 30 days of
23 publication, the property shall summarily forfeit to the
24 Commonwealth.
25 (h) Unknown owner.--For purposes of this section, the owner,
26 or other such person cannot be found in the jurisdiction of the
27 court if:
28 (1) a copy of the petition is mailed to the last known
29 address by certified mail and is returned without delivery;
30 (2) personal service is attempted once but cannot be
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1 made at the last known address; and
2 (3) a copy of the petition is left at the last known
3 address.
4 (i) Waiver of notice.--The notice provisions of this section
5 are automatically waived if the owner, without good cause, fails
6 to appear in court in response to a subpoena on the underlying
7 criminal charges. Forty-five days after such a failure to
8 appear, if good cause has not been demonstrated, the property
9 shall summarily forfeit to the Commonwealth.
10 (j) Hearing date.--Upon the filing of a claim for the
11 property setting forth a right of possession, the case shall be
12 deemed at issue and a date and time shall be fixed for the
13 hearing.
14 (k) Burden of proof.--At the hearing, if the Commonwealth
15 produces evidence that the property in question was unlawfully
16 used, possessed or otherwise subject to forfeiture under this
17 section, the burden shall be upon the claimant to show by a
18 preponderance of the evidence:
19 (1) That the claimant is the owner of the property or
20 the holder of a chattel mortgage or contract of conditional
21 sale thereon.
22 (2) That the claimant lawfully acquired the property.
23 (3) That the property was not unlawfully used or
24 possessed by the claimant. If it appears that the property
25 was unlawfully used or possessed by a person other than the
26 claimant, then the claimant shall show that the unlawful use
27 or possession was without his knowledge or consent. Such
28 absence of knowledge or consent must be reasonable under the
29 circumstances presented.
30 (l) Claims of ownership.--If a person claiming the ownership
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1 of or right of possession to or claiming to be the holder of a
2 chattel mortgage or contract of conditional sale upon the
3 property, the disposition of which is provided for in this
4 section, prior to the sale presents a petition to the court
5 alleging lawful ownership, right of possession, a lien or
6 reservation of title to the property and if, on public hearing,
7 due notice of which having been given to the district attorney,
8 the claimant shall prove by a preponderance of the evidence that
9 the property was lawfully acquired, possessed and used by him
10 or, it appearing that the property was unlawfully used by a
11 person other than the claimant, that the unlawful use was
12 without the claimant's knowledge or consent, then the court may
13 order the property returned or delivered to the claimant. Such
14 absence of knowledge or consent must be reasonable under the
15 circumstances presented. Otherwise, it shall be retained for
16 official use or sold in accordance with this section.
17 Section 3. Section 5708(1) of Title 18 is amended to read:
18 § 5708. Order authorizing interception of wire, electronic or
19 oral communications.
20 The Attorney General, or, during the absence or incapacity of
21 the Attorney General, a deputy attorney general designated in
22 writing by the Attorney General, or the district attorney or,
23 during the absence or incapacity of the district attorney, an
24 assistant district attorney designated in writing by the
25 district attorney of the county wherein the suspected criminal
26 activity has been, is or is about to occur, may make written
27 application to any Superior Court judge for an order authorizing
28 the interception of a wire, electronic or oral communication by
29 the investigative or law enforcement officers or agency having
30 responsibility for an investigation involving suspected criminal
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1 activities when such interception may provide evidence of the
2 commission of any of the following offenses, or may provide
3 evidence aiding in the apprehension of the perpetrator or
4 perpetrators of any of the following offenses:
5 (1) Under this title:
6 Section 911 (relating to corrupt organizations)
7 Section 2501 (relating to criminal homicide)
8 Section 2502 (relating to murder)
9 Section 2503 (relating to voluntary manslaughter)
10 Section 2702 (relating to aggravated assault)
11 Section 2706 (relating to terroristic threats)
12 Section 2709.1 (relating to stalking)
13 Section 2716 (relating to weapons of mass
14 destruction)
15 Section 2901 (relating to kidnapping)
16 Section 3002 (relating to trafficking of persons)
17 Section 3121 (relating to rape)
18 Section 3123 (relating to involuntary deviate sexual
19 intercourse)
20 Section 3124.1 (relating to sexual assault)
21 Section 3125 (relating to aggravated indecent
22 assault)
23 Section 3301 (relating to arson and related offenses)
24 Section 3302 (relating to causing or risking
25 catastrophe)
26 Section 3502 (relating to burglary)
27 Section 3701 (relating to robbery)
28 Section 3921 (relating to theft by unlawful taking or
29 disposition)
30 Section 3922 (relating to theft by deception)
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1 Section 3923 (relating to theft by extortion)
2 Section 4701 (relating to bribery in official and
3 political matters)
4 Section 4702 (relating to threats and other improper
5 influence in official and political matters)
6 Section 5512 (relating to lotteries, etc.)
7 Section 5513 (relating to gambling devices, gambling,
8 etc.)
9 Section 5514 (relating to pool selling and
10 bookmaking)
11 Section 5516 (relating to facsimile weapons of mass
12 destruction)
13 Section 6318 (relating to unlawful contact with
14 minor)
15 * * *
16 Section 4. Title 42 is amended by adding a section to read:
17 § 9720.2. Sentencing for trafficking of persons.
18 Notwithstanding any other provision of law, a person who
19 commits a violation of 18 Pa.C.S. § 3002 (relating to
20 trafficking of persons) while violating:
21 (1) 18 Pa.C.S. § 2901 (relating to kidnapping);
22 (2) 18 Pa.C.S. § 3121 (relating to rape); or
23 (3) 18 Pa.C.S. § 3123 (relating to involuntary deviate
24 sexual intercourse);
25 shall be sentenced up to a maximum term of life imprisonment.
26 Section 5. This act shall take effect in 60 days.
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