PRINTER'S NO. 41
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GREENLEAF, WASHINGTON, VOGEL, FARNESE, YUDICHAK, TARTAGLIONE, VULAKOVICH, ERICKSON, RAFFERTY, FERLO, SOLOBAY, VANCE, PILEGGI, HUGHES, BRUBAKER AND LEACH, JANUARY 9, 2013
REFERRED TO JUDICIARY, JANUARY 9, 2013
1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, extensively revising the law on human trafficking
4in the areas of prosecution, prevention, victim protection,
5evidentiary confidentiality, limitation of actions and victim
6impact statements; and making editorial changes.
11§ 911. Corrupt organizations.
12* * *
13(h) Definitions.--As used in this section:
14(1) "Racketeering activity" means all of the following:
17Chapter 25 (relating to criminal homicide)
18Section 2706 (relating to terroristic threats)
19Chapter 29 (relating to kidnapping)
5Chapter 37 (relating to robbery)
12Section 4117 (relating to insurance fraud)
19Section 5512 (relating to lotteries, etc.)
24Chapter 59 (relating to public indecency).
25* * *
26An act which otherwise would be considered racketeering
27activity by reason of the application of this paragraph,
28shall not be excluded from its application solely because the
29operative acts took place outside the jurisdiction of this
30Commonwealth, if such acts would have been in violation of
1the law of the jurisdiction in which they occurred.
2* * *
6TRAFFICKING OF PERSONS
7§ 3001. Definitions.
23(4) possesses except as required by Federal immigration
24law or regulation, destroys, conceals, removes or confiscates
25any actual or purported passport or other immigration
26document of another person, or any other actual or purported
27government identification document of another person; or
28(5) engages in criminal coercion of another person.
1§ 3002. Trafficking of persons.
2(a) Offense defined.--A person commits an offense if the
3person knowingly traffics or knowingly attempts to traffic
4another person, knowing that the other person will be subjected
5to forced labor or services.
6(b) Grading.--An offense under subsection (a) shall be
7graded a felony of the second degree unless the other person
8suffers bodily injury or the other person is an individual under
918 years of age, in which case it shall be graded as a felony of
10the first degree.
11§ 3003. Restitution for offenses.
12(a) General rule.--A person convicted of an offense under
13this chapter shall, in addition to any other remedy deemed
14appropriate by the court, be sentenced to pay the victim
15restitution, including the greater of:
22§ 3004. Forfeiture.
26(1) All assets, foreign or domestic:
27(i) Of an individual, entity or organization engaged
28in planning or perpetrating an act in this Commonwealth
29which violates section 3002 (relating to trafficking of
30persons) and all assets, foreign or domestic, affording a
10(2) All assets within this Commonwealth:
19(b) Process and seizures.--Property subject to forfeiture
20under this section may be seized by the law enforcement
21authority upon process issued by any court of common pleas
22having jurisdiction over the property.
23(c) Custody of property.--
24(1) Property taken or detained under this section shall
25not be subject to replevin but is deemed to be in the custody
26of the law enforcement authority subject only to the orders
27and decrees of the court of common pleas having jurisdiction
28over the forfeiture proceedings and of the district attorney.
7(d) Transfer of property.--Whenever property is forfeited
8under this section, the property shall be transferred to the
9custody of the district attorney. The district attorney, where
10appropriate, may retain the property for official use or sell
11the property, but the proceeds from any such sale shall be used
12to pay all proper expenses of the proceedings for forfeiture and
13sale, including expenses of seizure, maintenance of custody,
14advertising and court costs. The balance of the proceeds shall
15be used for the enforcement of the criminal laws of
17(e) Proceedings and petition.--The proceedings for the
18forfeiture or condemnation of property, the retention or sale of
19which is provided for in this section, shall be in rem, in which
20the Commonwealth shall be the plaintiff and the property the
21defendant. A petition shall be filed in the court of common
22pleas of the judicial district where the property is located,
23verified by oath or affirmation of an officer or citizen,
24containing the following:
25(1) A description of the property seized.
26(2) A statement of the time and place where seized.
27(3) The owner, if known.
28(4) The person or persons in possession, if known.
1material facts upon which forfeiture action is based.
5(f) Service.--A copy of the petition required under
6subsection (e) shall be served personally or by certified mail
7on the owner or the person or persons in possession at the time
8of the seizure. The copy shall have endorsed a notice as
10To the claimant of within described property:
11You are required to file an answer to this petition,
12setting forth your title in and right to possession of the
13property within 30 days from the service of this notice. You
14are also notified that, if you fail to file the answer, a
15decree of forfeiture and condemnation will be entered against
20(1) If the owner of the property is unknown or there was
21no person in possession of the property when seized or if the
22owner or such person or persons in possession at the time of
23the seizure cannot be personally served or located within the
24jurisdiction of the court, notice of the petition shall be
25given by the Commonwealth through an advertisement in only
26one newspaper of general circulation published in the county
27where the property shall have been seized, once a week for
28two successive weeks. No other advertisement of any sort
29shall be necessary, any other law to the contrary
1(2) The notice shall contain a statement of the seizure
2of the property with a description of the property and the
3place and date of seizure and shall direct any claimants to
4the property to file a claim on or before a date given in the
5notice, which date shall not be less than 30 days from the
6date of the first publication.
19(i) Waiver of notice.--The notice provisions of this section
20are automatically waived if the owner, without good cause, fails
21to appear in court in response to a subpoena on the underlying
22criminal charges. Forty-five days after such a failure to
23appear, if good cause has not been demonstrated, the property
24shall summarily forfeit to the Commonwealth.
7(2) That the claimant lawfully acquired the property.
8(3) That the property was not unlawfully used or
9possessed by the claimant. If it appears that the property
10was unlawfully used or possessed by a person other than the
11claimant, then the claimant shall show that the unlawful use
12or possession was without his knowledge or consent. Such
13absence of knowledge or consent must be reasonable under the
15(l) Claims of ownership.--If a person claiming the ownership
16of or right of possession to or claiming to be the holder of a
17chattel mortgage or contract of conditional sale upon the
18property, the disposition of which is provided for in this
19section, prior to the sale presents a petition to the court
20alleging lawful ownership, right of possession, a lien or
21reservation of title to the property and if, on public hearing,
22due notice of which having been given to the district attorney,
23the claimant shall prove by a preponderance of the evidence that
24the property was lawfully acquired, possessed and used by him
25or, it appearing that the property was unlawfully used by a
26person other than the claimant, that the unlawful use was
27without the claimant's knowledge or consent, then the court may
28order the property returned or delivered to the claimant. Such
29absence of knowledge or consent must be reasonable under the
30circumstances presented. Otherwise, it shall be retained for
1official use or sold in accordance with this section.]
2Section 3. Title 18 is amended by adding a chapter to read:
6A. General Provisions
7B. Prosecution of Human Trafficking
8C. Prevention of Human Trafficking
9D. Protection of Human Trafficking Victims
10E. Miscellaneous Provisions
15§ 3001. Definitions.
27"Debt coercion." Exploitation of the status or condition of
28a debtor arising from a pledge by the debtor of the personal
29services of the debt or an individual under the debtor's control
30as a security or payment for debt, if any of the following
16"Financial harm." Includes any of the following:
30"Human trafficking." Any activity in violation of section
8"Labor." Work or service of economic or financial value.
13"Minor." An individual less than 18 years of age.
17"Record." Information, regardless of physical form or
18characteristics, that documents a transaction or activity and
19that is created, received or retained pursuant to law or in
20connection with a transaction, business or activity. The term
21includes any of the following:
24(2) Information stored or maintained electronically.
25(3) A data-processed or image-processed document.
26"Serious harm." Any harm, whether physical or nonphysical
27that is sufficiently serious, under all the surrounding
28circumstances, to compel a reasonable person of the same
29background and in the same circumstances as the human
30trafficking victim to perform or to continue performing labor or
9(1) Touching the individual.
24(2) A commercial sex act.
25"Sexual servitude." Any sexual conduct or performance
26involving sexual conduct for which anything of value is directly
27or indirectly given, promised to or received by any individual
28or which is performed or provided by any individual, and is
29induced or obtained from:
30(1) A minor.
7PROSECUTION OF HUMAN TRAFFICKING
93011. Trafficking in individuals.
103012. Involuntary servitude.
113013. Patronizing a victim of sexual servitude.
123014. Unlawful conduct regarding documents.
133015. Nonpayment of wages.
143016. Obstruction of justice.
153017. Violation by business entities.
163018. Nondefenses to human trafficking.
173019. Victim protection during prosecution.
193021. Asset forfeiture.
223023. Cumulative remedies.
243025. Data collection.
25§ 3011. Trafficking in individuals.
1individual will be subject to involuntary servitude;
7(b) Trafficking in minors.--A person commits a felony of the
8first degree if the person engages in any activity listed in
9subsection (a) that results in a minor's being subjected to
11§ 3012. Involuntary servitude.
22(3) Kidnapping or attempting to kidnap any individual.
23(4) Abusing or threatening to abuse the legal process.
29(7) Extortion or blackmail.
30(8) Deception or fraud.
3(10) Duress, under section 309 (relating to duress).
4(11) Debt coercion.
10(14) Using any scheme, plan or pattern, whether overt or
11subtle, intended to cause the individual to believe that, if
12the individual does not perform such labor, services, acts or
13performances, that individual or another individual will
14suffer serious harm or physical restraint.
15§ 3013. Patronizing a victim of sexual servitude.
16(a) Offense defined.--A person commits a felony of the
17second degree if the person engages in any sexual conduct or
18performance with another individual knowing or in reckless
19disregard of the fact that the individual is a human trafficking
21(b) Investigation.--An individual arrested for a violation
22of section 5902(e) (relating to prostitution and related
23offenses) shall be formally detained and questioned by law
24enforcement personnel to determine if the individual engaged in
25any sexual conduct or performance with the alleged prostitute
26knowing or in reckless disregard of the fact that the individual
27is a human trafficking victim.
3§ 3014. Unlawful conduct regarding documents.
9(2) to prevent or restrict or to attempt to prevent or
10restrict, without lawful authority, the ability of an
11individual to move or travel, in order to maintain the
12involuntary servitude of that individual.
18(2) government identification document of an individual.
19§ 3015. Nonpayment of wages.
20(a) Offense defined.--A person who, willfully or with intent
21to defraud, fails or refuses to pay wages or otherwise causes
22financial harm to an individual for labor services rendered is
26(2) A felony of the third degree, if:
3(b) Offenses cumulative.--A person commits a separate
4offense under this section for each calendar month during which
5the individual earned wages that the person failed to pay or was
6otherwise financially harmed.
7§ 3016. Obstruction of justice.
8A person who commits a violation of Subchapter B of Chapter
949 (relating to victim and witness intimidation) or Chapter 51
10(relating to obstructing governmental operations) that in any
11way interferes with or prevents the enforcement of this chapter
12shall be subject to the same penalties that may be imposed for
13the offense for which the person has been charged under this
15§ 3017. Violation by business entities.
16(a) Penalty.--Any business entity, including a corporation
17or unincorporated association, limited liability partnership or
18company or other legal entity that aids or participates in any
19violation of this chapter, shall be subject to any of the
21(1) Either or both of the following:
22(i) A fine of not more than $1,000,000.
30(ii) the revocation of the business entity's
10(c) Knowledge.--Notwithstanding any exemption from liability
11provided for in 15 Pa.C.S. §§ 8523 (relating to liability of
12limited partners to third parties) and 8922 (relating to
13liability of members), an officer, director, partner, manager or
14member of any entity found liable under this section:
15(1) Shall not be liable under this section if the person
16acted in good faith, in a manner that the person reasonably
17believed to be in the best interests of the corporation,
18partnership or company, and with such care, including
19reasonable inquiry, skill and diligence, as a person of
20ordinary prudence would use under similar circumstances.
24§ 3018. Nondefenses to human trafficking.
25(a) Nondefenses to human trafficking involving sexual
26servitude.--Evidence of the following facts or conditions shall
27not constitute a defense in a prosecution for a violation under
28this chapter, nor shall such evidence preclude a finding of a
29violation under this chapter:
30(1) A human trafficking victim's prior sexual history or
4(2) A human trafficking victim's consent or permission,
5or the consent or permission of any other person on the human
6trafficking victim's behalf to any sexual conduct or
7performance, as provided in section 311(c) (relating to
11(b) Nondefense to human trafficking involving labor
12servitude.--The human trafficking victim's consent to an
13employment contract, even if there was not fraud involved in the
14contract's formation, shall not be a defense to labor
15trafficking if force or coercion were involved in the making of
17(c) Sexual servitude of minor.--Except as provided in
18section 3102 (relating to mistake as to age), evidence of a
19defendant's lack of knowledge of a person's age, or a reasonable
20mistake of age, is not a defense for a violation of this chapter
21involving the sexual servitude of a minor.
22§ 3019. Victim protection during prosecution.
23(a) Disclosure of human trafficking victim's name.--
24Notwithstanding any other provision of law to the contrary,
25unless the court otherwise orders in a prosecution involving a
26human trafficking victim, an officer or employee of the court
27may not disclose the identity of the human trafficking victim to
28the public. Any record revealing the name of the human
29trafficking victim shall not be open to public inspection.
30(b) Affirmative defense.--An individual who is a defendant
1in a criminal trial may offer a defense at trial that the
2individual was a human trafficking victim and that the crime was
3committed as a direct result of the individual's status as a
4human trafficking victim.
5(c) Documentation of human trafficking victim status.--
6Official documentation of the defendant's status as a human
7trafficking victim at the time of the offense from a Federal,
8State or local government agency or a victim services agency or
15(d) Vacation of prior prostitution convictions.--At any time
16after the entry of a judgment of conviction under section 5902
17(relating to prostitution and related offenses), upon motion of
18the attorney for the Commonwealth, the court in which the
19judgment was entered may vacate the judgment against the
20defendant upon the ground that the defendant was a human
21trafficking victim under this chapter or under the Trafficking
22Victims Protection Act of 2000 (22 U.S.C. § 7101 et seq.) and
23participation in the offense was a result of having been a human
24trafficking victim. The attorney for the Commonwealth in the
25county of such conviction shall forward information regarding
26the defendant's status as a human trafficking victim to the
27district attorney of another county in which the defendant faces
29§ 3020. Restitution.
30(a) Order.--The court shall order a person found guilty of a
10(iii) The estate of the human trafficking victim.
14(3) A person ordered to pay restitution under this
15chapter may prove, by clear and convincing evidence, that an
16individual who would be entitled to restitution as a human
17trafficking victim under paragraph (1) knowingly participated
18in trafficking activities, in which case that individual
19shall not be eligible for restitution.
26(B) counseling for:
27(I) a human trafficking victim;
30(III) an individual related to the human
25(v) The return of property of the human trafficking
26victim, cost of damage to the property or the full value
27of the property if taken, destroyed or damaged beyond
28repair as a result of human trafficking.
11(5) Collection and distribution of restitution payments
12shall be governed by the provisions of 42 Pa.C.S. §§ 9728
13(relating to collection of restitution, reparation, fees,
14costs, fines and penalties), 9730 (relating to payment of
15court costs, restitution and fines) and 9730.1 (relating to
16collection of court costs, restitution and fines by private
22(2) Shall be entitled to restitution in the form of
23tuition and fees, not to exceed the average costs of a two-
24year degree program at a Pennsylvania community college, in
25order to obtain training or education necessary to become
26gainfully and legally employed.
30(d) Reduction.--Except as otherwise provided in this
1chapter, an award made under this chapter shall be reduced by
2the amount of any payments that are received or to be received
3by the human trafficking victim as a result of the human
4trafficking and that are derived from one or more of the
12(4) from public funds;
15(6) under a settlement or award made by or on behalf of
16a party alleged to be responsible in whole or in part for the
17human trafficking victim's status as a human trafficking
18victim, without regard to the party's criminal culpability.
19(e) Nongovernmental organizations.--The court may order
20payment of restitution to a nongovernmental organization for all
21out-of-pocket expenses incurred in assisting a human trafficking
23(f) Definition.--As used in this section, the term
24"relocation expenses" shall include deposits for utilities and
25phone services, deposits for rental housing, temporary lodging
26and food expenses, clothing expenses, expenses for personal
27items and other moving expenses.
28§ 3021. Asset forfeiture.
1exist in them:
2(1) All assets, foreign or domestic:
3(i) Of an individual, entity or organization engaged
4in planning or perpetrating an act in this Commonwealth
5which violates section 3011 (relating to trafficking in
6individuals) or 3012 (relating to involuntary servitude).
17(2) All assets within this Commonwealth:
27(b) Process and seizures.--Property subject to forfeiture
28under this section may be seized by a law enforcement agency
29upon process issued by any court of common pleas having
30jurisdiction over the property.
1(c) Custody of property.--
2(1) Property taken or detained under this section shall
3not be subject to replevin but is deemed to be in the custody
4of the law enforcement agency subject only to the orders and
5decrees of the court of common pleas having jurisdiction over
6the forfeiture proceedings.
15(d) Transfer of property.--Whenever property is forfeited
16under this section, the property shall be transferred to the
17custody of the district attorney. The district attorney, where
18appropriate, shall sell the property. The proceeds from the sale
19shall first be used to pay all proper expenses of the
20proceedings for forfeiture and sale, including expenses of
21seizure, maintenance of custody, advertising and court costs.
22The balance of the proceeds shall be distributed under
24(e) Proceedings and petition.--
28(2) A petition shall:
3(iii) contain the following:
4(A) A description of the property seized.
7(C) The owner, if known.
21(2) The copy shall have endorsed a notice as follows:
22To the claimant of the within described property:
23You are required to file an answer to this petition,
24setting forth your title in and right to possession
25of the property within 30 days from the service of
26this notice. You are also notified that, if you fail
27to file the answer, a decree of forfeiture and
28condemnation will be entered against the property.
2(1) Notice of the petition shall be given by the
3Commonwealth through an advertisement in only one newspaper
4of general circulation published in the county where the
5property shall have been seized, once a week for two
6successive weeks if:
7(i) the owner of the property is unknown;
16(3) The notice of the petition shall:
30(1) A copy of the petition is mailed to the last known
1address by certified mail and is returned without delivery.
6(i) Waiver of notice.--The notice provisions of this section
7are automatically waived if the owner, without good cause, fails
8to appear in court in response to a subpoena on the underlying
9criminal charges. If good cause has not been demonstrated and 45
10days have passed since the owner failed to appear, the property
11shall summarily forfeit to the Commonwealth.
16(k) Burden of proof.--If the Commonwealth produces evidence
17at the hearing under this section that the property in question
18was unlawfully used, possessed or otherwise subject to
19forfeiture under this section, the burden shall be upon the
20claimant to show by a preponderance of the evidence that:
24(2) the claimant lawfully acquired the property; and
25(3) the property was not unlawfully used or possessed by
26the claimant. If it appears that the property was unlawfully
27used or possessed by a person other than the claimant, then
28the claimant shall show that the unlawful use or possession
29was without his knowledge or consent. Such absence of
30knowledge or consent must be reasonable under the
2(l) Claims of ownership.--
3(1) A person may file a petition to the court alleging:
4(i) Ownership of the property.
5(ii) A right of possession to the property.
8(A) a chattel mortgage upon the property; or
18(ii) if it appears that the property was unlawfully
19used by a person other than the claimant, the unlawful
20use was without the claimant's knowledge or consent. The
21absence of knowledge or consent must be reasonable under
22the circumstances presented.
27(1) Any local law enforcement agency shall be reimbursed
28if it has used its own funds in the detection, investigation,
29apprehension and prosecution of persons for violation of
30sections 3011 and 3012.
10(iii) Thirty-five percent to the Office of Victims'
11Services in the Pennsylvania Commission on Crime and
12Delinquency to provide services to human trafficking
13victims in the manner set forth in Chapter 9 of the act
14of November 24, 1998 (P.L.882, No.111), known as the
15Crime Victims Act.
16(n) Assets located outside United States.--Assets of persons
17convicted of violations of sections 3011 and 3012 that are
18located outside the United States shall also be subject to
19forfeiture to the extent they can be retrieved by the
23(a) Revocation of professional license.--The professional
24license of a licensee who knowingly employs or permits the
25employment of a human trafficking victim shall be revoked for a
26period of one year.
27(b) Administrative procedure.--Revocations under subsections
28(a) and (c)(2)(i) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A
29(relating to practice and procedure of Commonwealth agencies)
30and Ch. 7 Subch. A (relating to judicial review of Commonwealth
6(1) For a first offense relating to the public contract,
7the Secretary of Labor and Industry shall issue a warning
8letter detailing the violation. The letter shall be posted on
9the Department of Labor and Industry's Internet website.
12(i) At the discretion of the Commonwealth agency
13public body with which the public works contractor has
14contracted, the contractor may be subject to termination
15of the contract by the Commonwealth agency public body
16and a fine of up to $2,000. The right of the Commonwealth
17agency public body to terminate the contract under this
18subparagraph may not be waived.
19(ii) At the discretion of the public works
20contractor with whom the subcontractor has contracted,
21the subcontractor may be subject to termination of the
22subcontract by the public works contractor without
23recourse against or penalty to the public works
24contractor. The right of the public works contractor to
25terminate the subcontract under this subparagraph may not
27(3) For a third or subsequent offense relating to the
28public contract, at the discretion of the Secretary of Labor
29and Industry, in addition to the sanctions in paragraph (2),
30the contractor or subcontractor shall be subject to debarment
6(1) complied with section 274A of the Immigration and
7Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a) with respect
8to hiring, recruiting or referring an individual for
9employment in the United States; or
10(2) required a contractor or subcontractor to certify
11compliance with section 274A of the Immigration and
12Nationality Act with respect to hiring, recruiting or
13referring an individual for employment in the United States.
17"Licensee." An individual, corporation, partnership, limited
18liability company or other legal entity that holds a license
19issued by a departmental or administrative board or commission
20under the Bureau of Professional and Occupational Affairs in the
21Department of State.
22"Public body." The Commonwealth of Pennsylvania, any of its
23political subdivisions, any authority created by the General
24Assembly of the Commonwealth and any instrumentality or agency
25of the Commonwealth.
26"Public work." Construction, reconstruction, demolition,
27alteration and repair work other than maintenance work, done
28under contract and paid for in whole or in part out of the funds
29of a public body where the estimated cost of the total project
30is in excess of $25,000. The term shall not include work
1performed under a rehabilitation or manpower training program.
4"Public works project." A project involving a public work.
5"Subcontractor." A person, other than a natural person and
6including, but not limited to, a staffing agency, temporary
7employment agency or placement agency that performs work for a
8public works contractor under a contract for a public work.
9§ 3023. Cumulative remedies.
13§ 3024. Sentencing.
14(a) Sentencing enhancements.--In determining a sentence of
15imprisonment for any violation of this chapter, the court shall
16consider the following aggravating factors as justification for
17imposing the maximum sentence allowed under law:
22(ii) Permanent or life-threatening bodily injury.
27(i) For at least 180 days and less than one year.
28(ii) For one year or more.
1human trafficking victim.
10(2) The prior comment may include the submission of a
11written and oral victim impact statement detailing the
12physical, psychological and economic effects of the crime on
13the human trafficking victim and the human trafficking
24§ 3025. Data collection.
25The Pennsylvania Commission on Sentencing established in 42
26Pa.C.S. § 2151.2 (relating to commission) shall collect data and
27other relevant information on sentences imposed under this
30PREVENTION OF HUMAN TRAFFICKING
43032. Commission responsibilities.
63034. Public awareness.
73035. National Human Trafficking Resource Center Hotline.
93037. Role of nongovernmental organizations.
15(b) Membership.--The council shall include the following:
16(1) A representative of the Office of the Governor.
17(2) A representative of the Office of Attorney General.
20(4) A representative of the Department of Health.
23(6) A representative of the Department of State.
24(7) A representative of the Pennsylvania State Police.
13(iii) agencies devoted to runaway services; and
16(c) Federal government representation on council.--The
17Governor shall invite a representative from each of the
18following organizations operating within the Commonwealth to be
19members of the council:
20(1) The United States Attorneys' offices.
21(2) The Federal Bureau of Investigation.
24(4) The United States Department of Labor.
25(d) Procedural matters.--
26(1) The council shall meet at least four times annually.
27(2) The commission shall call and organize the first
28meeting of the council, at which time the council shall elect
29from among the membership a chair, who shall serve for two
30years, or until a successor is elected.
3(4) Members of the council shall serve without
4compensation, but each member shall be reimbursed for any
5actual and necessary expenses incurred in the performance of
6council-related duties. Expenses may include reimbursement of
7travel and living expenses while engaged in council business.
10(e) Responsibilities.--The council shall:
18(f) Annual report.--The council shall submit an annual
19report of its findings and recommendations to the Governor, the
20President pro tempore of the Senate and the Speaker of the House
21of Representatives on or before December 31 of each calendar
23§ 3032. Commission responsibilities.
24(a) Responsibilities.--The commission shall:
27(2) Coordinate the implementation of the State plan.
1(4) Explore the establishment of State policies for time
2limits for the issuance of law enforcement agency
3endorsements as described in Federal regulations found at 8
4CFR § 214.11(f)(1) (relating to alien victims of severe forms
5of trafficking in persons).
15(iii) Education and job training.
16(iv) English as a Second Language classes.
17(v) Interpreting services.
18(vi) Legal and immigration services.
19(vii) Victim compensation.
9§ 3033. Training.
14(1) Members of the Pennsylvania State Police.
17(3) County sheriffs and deputy sheriffs.
18(4) Adult and juvenile parole and probation officers.
19(b) Juvenile detention center staff.--The commission shall
20develop a course of training in all aspects of human trafficking
21to be presented as an annual workshop for all juvenile detention
26(1) The Department of Corrections.
27(2) The Department of Health.
28(3) The Department of Public Welfare.
29(4) The Department of Education.
30(5) The Department of Labor and Industry.
1(6) The Office of Victim Advocate.
2(7) The commission.
3(d) Victims in shelters.--The commission shall develop
4training materials for use by staff working in domestic
5violence, sexual violence and human trafficking shelters to
6ensure the safety of human trafficking victims residing in
8§ 3034. Public awareness.
9(a) Potential victims and content.--In cooperation with
10appropriate nongovernmental organizations, the commission shall
11prepare public awareness programs designed to educate potential
12victims and their families on the risks of human trafficking,
13including information regarding:
14(1) Common recruitment techniques.
15(2) The use of debt bondage.
16(3) Common coercive tactics.
19(5) The potential psychological harm.
2(b) General public awareness programs.--In cooperation with
3other appropriate governmental agencies and nongovernmental
4organizations, the commission shall prepare and disseminate
5general public awareness programs and materials to educate the
6public on the extent of human trafficking of both United States
7citizens and foreign nationals and to discourage the demand that
8fosters the exploitation of persons that leads to human
10(c) Content.--General public awareness programs and
11materials under this section shall recognize and be sensitive to
12ethnic and cultural differences among human trafficking victims
13and may include:
22(d) Types of materials.--Materials described in subsections
23(b) and (c) may include pamphlets, brochures, posters,
24advertisements in mass media, public service announcements and
25any other appropriate media.
1ensure their effectiveness.
2§ 3035. National Human Trafficking Resource Center Hotline.
3Information regarding the National Human Trafficking Resource
4Center Hotline shall be disseminated pursuant to the act of
5October 24, 2012 (P.L. , No.197), known as the National Human
6Trafficking Resource Center Hotline Notification Act.
7§ 3036. Grants.
11(1) Develop, expand or strengthen programs for victims.
12(2) Ensure prevention of human trafficking.
13(3) Ensure protection of victims.
14(b) Conflict of interest.--Whenever a member of the council
15is a representative of an applicant for a grant under this
16section, the member shall fully disclose the nature of the
17interest and withdraw from discussion, lobbying and voting on
18the matter. Any transaction or vote involving a potential
19conflict of interest shall be approved only when a majority of
20disinterested council members determines that it is in the best
21interests of the grant program to do so.
22§ 3037. Role of nongovernmental organizations.
23In implementing the responsibilities assigned under sections
243031 (relating to Pennsylvania Council for the Prevention of
25Human Trafficking), 3033 (relating to training) and 3034
26(relating to public awareness), the commission shall enlist the
27cooperation of nongovernmental organizations, including the
4(3) Agencies devoted to runaway services.
10PROTECTION OF HUMAN TRAFFICKING VICTIMS
123051. State Plan for the Prevention of Human Trafficking.
133052. Civil causes of action.
143053. Protection of victims.
183056. Victims in shelters.
19§ 3051. State Plan for the Prevention of Human Trafficking.
20(a) Development of plan.--The council shall assist the
21commission in the development of the plan for a coordinated
22response system to provide services to human trafficking victims
23as provided in section 9 of the act of October 24, 2012 (P.L. ,
24No.197), known as the National Human Trafficking Resource Center
25Hotline Notification Act.
26(b) Personal characteristics to be considered.--In the
27development of the State plan under this section, the council
28shall consider the following factors relevant to the human
29trafficking victim and the victim's dependent children:
2(3) Special needs.
3(4) Sexual orientation.
4(5) Gender identity.
5(6) Racial and ethnic background.
6(c) Implementation.--The State plan shall be submitted to
7the commission, which shall implement the plan in compliance
8with the requirements of this section and ensure that all human
9trafficking victims are treated with respect for their human
10rights and dignity. The council shall review the State plan
11annually to ensure that it continues to meet the needs of
12victims of human trafficking.
13§ 3052. Civil causes of action.
14(a) General rule.--
15(1) An individual who is a human trafficking victim may
16bring a civil action against any person that participated in
17the human trafficking of the individual in the court of
18common pleas of the county where the individual resides or
19where any of the alleged violations of this chapter occurred.
30(b) Exception.--This section shall not be construed to
12(1) Actual damages.
13(2) Compensatory damages.
14(3) Punitive damages.
15(4) Injunctive relief.
16(5) Any other appropriate relief.
23(f) Joinder of actions.--In the discretion of the court:
30(g) Attempts at avoidance of liability.--No person may avoid
1liability under this section by:
15(3) If a plaintiff is under a disability that makes it
16impossible or impracticable for the plaintiff to bring an
17action at the time the cause of action accrues, until the
18disability has been removed.
19(4) If the plaintiff's injury is caused by two or more
20incidents that are part of a human trafficking situation
21created by the same defendant, until the last human
22trafficking incident in the continuing series occurs.
27(i) Estoppel.--A defendant is estopped from asserting a
28defense of the statute of limitations when the expiration of the
29statute is due to conduct by the defendant inducing the
30plaintiff to delay the filing of the action or placing the
1plaintiff under duress.
12"Sex trade." An act, which if proven beyond a reasonable
13doubt, could support a conviction for violation or attempted
14violation of Ch. 59 (relating to public indecency) or section
156312 (relating to sexual abuse of children).
16"Victim of the sex trade." An individual who has been:
17(1) The object of a solicitation for prostitution.
18(2) The object of a transaction in a commercial sex act.
28§ 3053. Protection of victims.
18(a) Best interest standard.--The provision of services to a
19minor human trafficking victim by the Commonwealth or by any
20institution or person established or licensed by the
21Commonwealth shall be carried out in a manner that is in the
22best interest of the minor and appropriate to the particular
7§ 3055. Services.
8(a) Effect of guilty plea.--Any plea of guilty entered under
9section 3011 (relating to trafficking in individuals) or 3012
10(relating to involuntary servitude) by a defendant shall
11automatically entitle the human trafficking victim to all
12benefits, rights and compensation granted under this chapter.
13(b) Information for victims.--The commission shall prepare a
14model informational form to be used by any person having contact
15with human trafficking victims that informs human trafficking
16victims, in a language they can understand, of the following:
17(1) Progress in the prosecution of the defendants.
20(3) Their right to provide a victim impact statement.
21(4) Their right to a victim advocate.
30(c) Access to crime victims' services.--
4(2) Law enforcement agencies shall inform human
5trafficking victims of benefits they may receive under
6Federal and State laws, and may assist those human
7trafficking victims in obtaining such benefits where law
8enforcement assistance is required in order to obtain those
10(3) A human trafficking victim who is charged with a
11violation under Ch. 59 (relating to public indecency) shall
12not be precluded from receiving benefits under the Crime
13Victims Act on the basis of those charges only.
14(d) Refugee benefits.--Foreign national human trafficking
15victims and their accompanying dependent children shall be
16eligible to receive benefits in the same manner and to the same
17extent as refugees.
20(1) Administer labor standards regarding wages, hours of
21work and working conditions under its jurisdiction without
22regard to the legal status of the individual's right to work
23in the United States.
28(f) Immigration certification.--
6(ii) an individual who may be a human trafficking
7victim is willing to cooperate or is cooperating with the
8investigation to enable the individual, if eligible under
9Federal law, to qualify for an appropriate special
10immigrant visa and to access available Federal benefits.
16§ 3056. Victims in shelters.
17(a) Voluntary placement.--Residence of a human trafficking
18victim in a shelter or other facility shall be voluntary, and a
19human trafficking victim may decline to stay in a shelter or
21(b) Restrictions on admission.--Admission to a shelter:
33072. Other funding.
5§ 3071. Appropriations.
8§ 3072. Other funding.
9(a) Grant applications.--In addition to the money
10appropriated in section 3071 (relating to appropriations) and
11any other money that may be appropriated from time to time by
12the General Assembly for its work, the council, in conjunction
13with the commission, is authorized to apply for and expend
14Federal grants and grants and contributions from other public,
15quasi-public or private sources to assist in implementing this
19§ 3073. Nonexclusivity.
23Section 4. Section 5708(1) of Title 18 is amended to read:
26The Attorney General, or, during the absence or incapacity of
27the Attorney General, a deputy attorney general designated in
28writing by the Attorney General, or the district attorney or,
29during the absence or incapacity of the district attorney, an
30assistant district attorney designated in writing by the
1district attorney of the county wherein the suspected criminal
2activity has been, is or is about to occur, may make written
3application to any Superior Court judge for an order authorizing
4the interception of a wire, electronic or oral communication by
5the investigative or law enforcement officers or agency having
6responsibility for an investigation involving suspected criminal
7activities when such interception may provide evidence of the
8commission of any of the following offenses, or may provide
9evidence aiding in the apprehension of the perpetrator or
10perpetrators of any of the following offenses:
11(1) Under this title:
12Section 911 (relating to corrupt organizations)
13Section 2501 (relating to criminal homicide)
14Section 2502 (relating to murder)
15Section 2503 (relating to voluntary manslaughter)
16Section 2702 (relating to aggravated assault)
17Section 2706 (relating to terroristic threats)
18Section 2709.1 (relating to stalking)
21Section 2901 (relating to kidnapping)
24Section 3121 (relating to rape)
27Section 3124.1 (relating to sexual assault)
30Section 3301 (relating to arson and related offenses)
3Section 3502 (relating to burglary)
4Section 3701 (relating to robbery)
7Section 3922 (relating to theft by deception)
8Section 3923 (relating to theft by extortion)
13Section 5512 (relating to lotteries, etc.)
22* * *
25§ 4415. Confidential communications in presence of interpreter.
26An interpreter appointed under this subchapter shall not be
27compelled to testify in any judicial proceeding or
28administrative proceeding to any statements made by the person
29with limited English proficiency and interpreted by the
30interpreter when the person with limited English proficiency is
3* * *
6§ 4436. Confidential communications in presence of interpreter.
7An interpreter appointed under this subchapter shall not be
8compelled to testify in any judicial proceeding or
9administrative proceeding to any statements made by the person
10who is deaf and interpreted by the interpreter when the person
11who is deaf is engaged in a confidential communication as
12provided by any statute or general rule, including, but not
14* * *
19§ 5552. Other offenses.
20* * *
24* * *
25(3) Any sexual offense committed against a minor who is
26less than 18 years of age any time up to the later of the
27period of limitation provided by law after the minor has
28reached 18 years of age or the date the minor reaches 50
29years of age. As used in this paragraph, the term "sexual
30offense" means a crime under the following provisions of
1Title 18 (relating to crimes and offenses):
4Section 3012 (relating to involuntary servitude).
5Section 3121 (relating to rape).
10Section 3124.1 (relating to sexual assault).
13Section 3126 (relating to indecent assault).
14Section 3127 (relating to indecent exposure).
15Section 4302 (relating to incest).
18Section 6301 (relating to corruption of minors).
23* * *
24(5) An offense under 18 Pa.C.S. § 3011 or 3012 in which
25the human trafficking victim was not a minor any time up to
26five years from the date the human trafficking victim escaped
27from the human trafficking situation.
28* * *
1§ 5554. Tolling of statute.
5* * *
8(3) a child is under 18 years of age, where the crime
9involves injuries to the person of the child caused by the
10wrongful act, or neglect, or unlawful violence, or negligence
11of the child's parents or by a person responsible for the
12child's welfare, or any individual residing in the same home
13as the child, or a paramour of the child's parent[.]; or
14(4) a person entitled to prosecute an offense under 18
15Pa.C.S. Ch. 30 (relating to human trafficking) could not have
16reasonably discovered the offense due to circumstances
17resulting from the human trafficking situation, such as
18psychological trauma, social, cultural and linguistic
19isolation and the inability to access services.
20Section 8. Title 42 is amended by adding a section to read:
23(a) Sexual assault counselors.--An individual qualified as a
24sexual assault counselor under section 5945.1(a) (relating to
25confidential communications with sexual assault counselors) may
26serve as a human trafficking counselor under this section.
28(1) This subsection applies to all of the following:
29(i) A human trafficking caseworker.
30(ii) An interpreter.
8"Confidential communication." All information, oral or
9written, transmitted between a victim of human trafficking and a
10human trafficking caseworker in the course of their
11relationship. The term includes advice, reports, statistical
12data, memoranda, working papers and records, given or made
13during that relationship, including matters transmitted between
14the human trafficking caseworker and the victim through the use
15of an interpreter.
16"Human trafficking caseworker." An individual:
30(A) the history of human trafficking;
3(C) societal attitudes toward human trafficking;
4(D) peer counseling techniques;
10(G) privileged communications; or
11(H) human trauma therapy counseling.
12"Interpreter." An individual who translates communications
13between a human trafficking caseworker and a victim of human
14trafficking through the use of sign language, visual, oral or
18§ 9720.2. Sentencing for trafficking of persons.
22(1) 18 Pa.C.S. § 2901 (relating to kidnapping);
23(2) 18 Pa.C.S. § 3121 (relating to rape); or
26shall be sentenced up to a maximum term of life imprisonment.
27§ 9738. Victim impact statements.
28* * *
5(2) 18 Pa.C.S. § 3001 (relating to definitions).
6Section 10. Applicability is as follows:
13Section 11. This act shall take effect in 60 days.