AN ACT

 

1Amending Title Titles 18 (Crimes and Offenses) <-and 42 (Judiciary 
2and Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, <-in sexual offenses, further providing for drug 
4delivery resulting in death; providing for the offense of
5sexual assault by sports official, volunteer or employee of
6nonprofit association<-; and, in sentencing, further providing 
7for sentences for offenses against infant persons.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

<-10Section 1. Title 18 of the Pennsylvania Consolidated
11Statutes is amended by adding a section to read:

<-12Section 1. Section 2506(b) of Title 18 of the Pennsylvania
13Consolidated Statutes is amended to read:

14§ 2506. Drug delivery resulting in death.

15* * *

16(b) Penalty.--

17(1) A person convicted under subsection (a) shall be
18sentenced to a term of imprisonment which shall be fixed by

1the court at not more than 40 years.

2(2) Paragraph (1) shall not apply to a person convicted
3under section 2502(c)(relating to murder) when the victim is
4less than 13 years of age and the conduct arises out of the
5same criminal act.

6* * *

7Section 2. Title 18 is amended by adding a section to read:

8§ 3124.3. Sexual assault by sports official, volunteer or
9employee of nonprofit association.

10(a) Sports official.--Except as provided in section 3121 
11(relating to rape), 3122.1 (relating to statutory sexual 
12assault), 3123 (relating to involuntary deviate sexual 
13intercourse), 3124.1 (relating to sexual assault) and 3125 
14(relating to aggravated indecent assault), a person who serves 
15as a sports official in a sports program of a nonprofit 
16association or a for-profit association commits a felony of the 
17third degree when that person engages in sexual intercourse, 
18deviate sexual intercourse or indecent contact with a child 
19under 18 years of age who is participating in a sports program 
20of the nonprofit association or for-profit association.

21(b) Volunteer or employee of nonprofit association.--Except
22as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a
23volunteer or an employee of a nonprofit association having
24direct contact with a child under 18 years of age who
25participates in a program or activity of the nonprofit
26association commits a felony of the third degree if the
27volunteer or employee engages in sexual intercourse, deviate
28sexual intercourse or indecent contact with that child.

29(c) Definitions.--As used in this section, the following 
30words and phrases shall have the meanings given to them in this
 

1subsection unless the context clearly indicates otherwise:

2"Direct contact." Care, supervision, guidance or control.

3"Nonprofit association." As defined in 42 Pa.C.S. § 8332.1
4(relating to manager, coach, umpire or referee and nonprofit
5association negligence standard).

6"Sports official." A person who supervises children
7participating in a sports program of a nonprofit association or
8a for-profit association, including, but not limited to, a
9coach, assistant coach, athletic trainer, team attendant, game
10manager, instructor or a person at a sports program who enforces
11the rules of a sporting event sponsored by a sports program of a
12nonprofit association or a for-profit association, including,
13but not limited to, an umpire or referee, whether receiving
14remuneration or holding the position as a volunteer.

15"Sports program." As defined in 42 Pa.C.S. § 8332.1
16(relating to manager, coach, umpire or referee and nonprofit
17association negligence standard).

<-18Section 2 3. Section 9718(a) of Title 42 is amended to read:

19§ 9718. Sentences for offenses against infant persons.

20(a) Mandatory sentence.--

21(1) A person convicted of the following offenses when
22the victim is [under] less than 16 years of age shall be
23sentenced to a mandatory term of imprisonment as follows:

2418 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
25assault) - not less than two years.

2618 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
27to rape) - not less than ten years.

2818 Pa.C.S. § 3123 (relating to involuntary deviate sexual
29intercourse) - not less than ten years.

3018 Pa.C.S. § 3125(a)(1) through (6) (relating to

1aggravated indecent assault) - not less than five years.

2(2) A person convicted of the following offenses when
3the victim is less than 13 years of age shall be sentenced to
4a mandatory term of imprisonment as follows:

518 Pa.C.S. § 2502(c) (relating to murder) - not less than
615 years.

718 Pa.C.S. § 2702(a)(1) - not less than five years.

8(3) A person convicted of the following offenses shall
9be sentenced to a mandatory term of imprisonment as follows:

1018 Pa.C.S. § 3121(c) and (d) - not less than ten years.

1118 Pa.C.S. § 3125(a)(7) - not less than five years.

1218 Pa.C.S. § 3125(b) - not less than ten years.

13* * *

<-14Section 3. Section 2506(b) of Title 18 is repealed insofar
15as it is inconsistent with this act.

16Section <-2 4. This act shall take effect in 60 days.