AN ACT

 

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.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 911(h)(1)(i) of Title 18 of the
10Pennsylvania Consolidated Statutes is amended to read:

11§ 911.  Corrupt organizations.

12* * *

13(h)  Definitions.--As used in this section:

14(1)  "Racketeering activity" means all of the following:

15(i)  An act which is indictable under any of the
16following provisions of this title:

17Chapter 25 (relating to criminal homicide)

18Section 2706 (relating to terroristic threats)

19Chapter 29 (relating to kidnapping)

1Chapter 30 (relating to human trafficking [of
2persons])

3Chapter 33 (relating to arson, criminal mischief
4and other property destruction)

5Chapter 37 (relating to robbery)

6Chapter 39 (relating to theft and related
7offenses)

8Section 4108 (relating to commercial bribery and
9breach of duty to act disinterestedly)

10Section 4109 (relating to rigging publicly
11exhibited contest)

12Section 4117 (relating to insurance fraud)

13Chapter 47 (relating to bribery and corrupt
14influence)

15Chapter 49 (relating to falsification and
16intimidation)

17Section 5111 (relating to dealing in proceeds of
18unlawful activities)

19Section 5512 (relating to lotteries, etc.)

20Section 5513 (relating to gambling devices,
21gambling, etc.)

22Section 5514 (relating to pool selling and
23bookmaking)

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* * *

3Section 2.  The heading of Chapter 30 and sections 3001,
43002, 3003 and 3004 of Title 18 are repealed:

5[CHAPTER 30

6TRAFFICKING OF PERSONS

7§ 3001.  Definitions.

8The following words and phrases when used in this chapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Criminal coercion."  The term includes conduct defined as
12criminal coercion by section 2906 (relating to criminal
13coercion).

14"Forced labor or services."  Labor or services that are
15performed or provided by another person which are obtained or
16maintained when a person:

17(1)  attempts to cause, causes or by threat of physical
18menace puts another person in fear of bodily injury;

19(2)  physically restrains or threatens to physically
20restrain another person unlawfully;

21(3)  abuses or threatens to abuse the law or legal
22process;

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.

29"Traffics."  Recruits, entices, harbors, transports or
30provides or obtains by any means.

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:

16(1)  the gross income or value to the person to whom the
17labor or services were performed by the victim; or

18(2)  the value of the victim's labor based on the minimum
19wage of this Commonwealth.

20(b)  Private remedies.--Nothing in this section shall be
21construed to preclude any other remedy at law or in equity.

22§ 3004.  Forfeiture.

23(a)  General rule.--The following shall be subject to
24forfeitures to the Commonwealth, and no property right shall
25exist in them:

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

1person a source of influence over such individual, entity
2or organization.

3(ii)  Acquired or maintained by a person with the
4intent and for the purpose of supporting, planning,
5conducting or concealing an act in this Commonwealth
6which violates section 3002.

7(iii)  Derived from, involved in or used or intended
8to be used to commit an act in this Commonwealth which
9violates section 3002.

10(2)  All assets within this Commonwealth:

11(i)  Of an individual, entity or organization engaged
12in planning or perpetrating an act which violates section
133002.

14(ii)  Acquired or maintained with the intent and for
15the purpose of supporting, planning, conducting or
16concealing an act which violates section 3002.

17(iii)  Derived from, involved in or used or intended
18to be used to commit an act which violates section 3002.

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.

29(2)  When property is seized under this section, the law
30enforcement authority shall place the property under seal and

1either:

2(i)  remove the property to a place designated by it;
3or

4(ii)  require that the district attorney take custody
5of the property and remove it to an appropriate location
6for disposition in accordance with law.

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
16Pennsylvania.

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.

29(5)  An allegation that the property is subject to
30forfeiture pursuant to this section and an averment of

1material facts upon which forfeiture action is based.

2(6)  A prayer for an order of forfeiture that the
3property be adjudged forfeited to the Commonwealth and
4condemned unless cause be shown to the contrary.

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
9follows:

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
16the property.

17The notice shall be signed by the district attorney, deputy
18district attorney or assistant district attorney.

19(g)  Notice.--

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
30notwithstanding.

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.

7(3)  If no claims are filed within 30 days of
8publication, the property shall summarily forfeit to the
9Commonwealth.

10(h)  Unknown owner.--For purposes of this section, the owner
11or other such person cannot be found in the jurisdiction of the
12court if:

13(1)  a copy of the petition is mailed to the last known
14address by certified mail and is returned without delivery;

15(2)  personal service is attempted once but cannot be
16made at the last known address; and

17(3)  a copy of the petition is left at the last known
18address.

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.

25(j)  Hearing date.--Upon the filing of a claim for the
26property setting forth a right of possession, the case shall be
27deemed at issue, and a date and time shall be fixed for the
28hearing.

29(k)  Burden of proof.--At the hearing, if the Commonwealth
30produces evidence that the property in question was unlawfully

1used, possessed or otherwise subject to forfeiture under this
2section, the burden shall be upon the claimant to show by a
3preponderance of the evidence:

4(1)  That the claimant is the owner of the property or
5the holder of a chattel mortgage or contract of conditional
6sale thereon.

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
14circumstances presented.

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:

3CHAPTER 30

4HUMAN TRAFFICKING

5Subchapter

6A.  General Provisions

7B.  Prosecution of Human Trafficking

8C.  Prevention of Human Trafficking

9D.  Protection of Human Trafficking Victims

10E.  Miscellaneous Provisions

11SUBCHAPTER A

12GENERAL PROVISIONS

13Sec.

143001.  Definitions.

15§ 3001.  Definitions.

16The following words and phrases when used in this chapter
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Commercial sex act."  Any sex act on account of which
20anything of value is given, promised to or received, directly or
21indirectly, by an individual.

22"Commission."  The Pennsylvania Commission on Crime and
23Delinquency.

24"Council."  The Pennsylvania Council for the Prevention of
25Human Trafficking, established under section 3031 (relating to
26Pennsylvania Council for the Prevention of Human Trafficking).

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

1apply:

2(1)  The value of those services as reasonably assessed
3is not applied toward the liquidation of the debt.

4(2)  The length and nature of those services are not
5respectively limited and defined.

6(3)  The principal amount of the debt does not reasonably
7reflect the value of the items or services for which the debt
8was incurred.

9(4)  The individual is coerced to perform sex acts as
10payment for the debt.

11(5)  The debtor controls and determines the movement,
12housing and services performed by the individual until
13repayment of the debt.

14"Extortion."  As defined in section 3923 (relating to theft
15by extortion).

16"Financial harm."  Includes any of the following:

17(1)  A violation of the act of March 30, 1859 (P.L.318,
18No.318), referred to as the Payment of the Wages of Labor
19Law.

20(2)  A violation of the act of May 23, 1887 (P.L.181,
21No.122), referred to as the Employment of Labor Regulated
22Law.

23(3)  A criminal violation of the act of January 30, 1974
24(P.L.13, No.6), referred to as the Loan Interest and
25Protection Law (Usury Law).

26(4)  A violation of Chapter 2 of the act of June 23, 1978
27(P.L.537, No.93), known as the Seasonal Farm Labor Act.

28(5)  A violation of any other law of this Commonwealth
29governing the payment of wages for labor or services.

30"Human trafficking."  Any activity in violation of section

13011 (relating to trafficking in individuals) either alone or in
2conjunction with an activity in violation of section 3012
3(relating to involuntary servitude).

4"Human trafficking victim" or "victim."  An individual who
5has been subjected to human trafficking.

6"Involuntary servitude."  Includes labor servitude and sexual
7servitude.

8"Labor."  Work or service of economic or financial value.

9"Labor servitude."  Labor which is performed or provided by
10another individual and is induced or obtained by any of the
11means set forth in section 3012(b) (relating to involuntary
12servitude).

13"Minor."  An individual less than 18 years of age.

14"Performance involving sexual conduct."  Any performance that
15is described in section 5903 (relating to obscene and other
16sexual materials and performances).

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:

22(1)  A document, paper, letter, map, book, tape,
23photograph, film or sound recording.

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

1a service, a commercial sex act or a performance involving
2sexual conduct in order to avoid incurring that harm.

3"Service."  Any act committed at the behest of, under the
4supervision of or for the benefit of another.

5"Sex act."  Any touching of the sexual or other intimate
6parts of any individual for the purpose of gratifying sexual
7desire of any individual. The term includes any of the
8following:

9(1)  Touching the individual.

10(2)  Touching by the individual, whether directly or
11through clothing.

12(3)  Physical contact involving the genitalia of either
13the human trafficking victim or the perpetrator.

14(4)  Deviate sexual intercourse, indecent contact or
15sexual intercourse as defined in section 3101 (relating to
16definitions).

17(5)  Indecent assault, as defined in section 3126
18(relating to indecent assault).

19"Sexual conduct."  As defined in section 5903(b) (relating to
20obscene and other sexual materials and performances). The term
21includes the following:

22(1)  With respect to a minor, any activity under section
235903(c).

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.

1(2)  Any other individual by any of the means set forth
2in section 3012(b) (relating to involuntary servitude).

3"State plan."  The State Plan for the Prevention of Human
4Trafficking developed in section 3051 (relating to State Plan
5for the Prevention of Human Trafficking).

6SUBCHAPTER B

7PROSECUTION OF HUMAN TRAFFICKING

8Sec.

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.

183020.  Restitution.

193021.  Asset forfeiture.

203022.  Forfeiture of professional licenses and governmental
21contracts.

223023.  Cumulative remedies.

233024.  Sentencing.

243025.  Data collection.

25§ 3011.  Trafficking in individuals.

26(a)  Offense defined.--A person commits a felony of the
27second degree if the person:

28(1)  recruits, entices, solicits, harbors, transports,
29provides, obtains or maintains an individual if the person
30knows or recklessly disregards the possibility that the

1individual will be subject to involuntary servitude;

2(2)  attempts to engage in any activity described in
3paragraph (1); or

4(3)  benefits financially or receives anything of value
5from any act that facilitates any activity described in
6paragraph (1).

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
10sexual servitude.

11§ 3012.  Involuntary servitude.

12(a)  Offense defined.--A person commits a felony of the first
13degree if the person, through any of the means described in
14subsection (b), subjects an individual to involuntary servitude.

15(b)  Means of subjecting an individual to involuntary
16servitude.--A person may subject an individual to involuntary
17servitude through any of the following means:

18(1)  Causing or threatening to cause serious harm to any
19individual.

20(2)  Physically restraining or threatening to physically
21restrain another individual.

22(3)  Kidnapping or attempting to kidnap any individual.

23(4)  Abusing or threatening to abuse the legal process.

24(5)  Taking or retaining the individual's personal
25property or real property as a means of coercion.

26(6)  Engaging in unlawful conduct with respect to
27documents, as defined in section 3014 (relating to unlawful
28conduct regarding documents).

29(7)  Extortion or blackmail.

30(8)  Deception or fraud.

1(9)  Criminal coercion, as defined in section 2906
2(relating to criminal coercion).

3(10)  Duress, under section 309 (relating to duress).

4(11)  Debt coercion.

5(12)  Causing or threatening to cause financial harm to
6or exerting or threatening to exert financial control over
7the individual.

8(13)  Facilitating or controlling the individual's access
9to an addictive controlled substance.

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
20victim.

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.

28(c)  Fine.--A person whose violation of this subsection
29results in a judicial disposition other than acquittal or
30dismissal shall also pay a fine of $500 to the court, to be

1distributed to the council to fund the grant program established
2under section 3036 (relating to grants).

3§ 3014.  Unlawful conduct regarding documents.

4(a)  Applicability.--This section applies to an action that
5is done:

6(1)  in the course of a violation of or with intent to
7violate section 3011 (relating to trafficking in individuals)
8or 3012 (relating to involuntary servitude); or

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.

13(b)  Offense defined.--A person commits a felony of the third
14degree if the person knowingly destroys, conceals, removes,
15confiscates or possesses an actual or purported:

16(1)  passport or other immigration document of an
17individual; or

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
23guilty of:

24(1)  A misdemeanor of the third degree if the amount owed
25to the individual is less than $2,000.

26(2)  A felony of the third degree, if:

27(i)  the amount owed to the individual is equal to or
28greater than $2,000;

29(ii)  the failure or refusal constitutes a second or
30subsequent violation of this section; or

1(iii)  the person falsely denies the amount due or
2the validity of the debt.

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
14chapter.

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
20following penalties:

21(1)  Either or both of the following:

22(i)  A fine of not more than $1,000,000.

23(ii)  The suspension or revocation of any license,
24permit or prior approval granted to it by a Commonwealth
25or local government agency.

26(2)  Either:

27(i)  the revocation of the business entity's charter
28if it is organized under the laws of this Commonwealth;
29or

30(ii)  the revocation of the business entity's

1certificate to do business in this Commonwealth if the
2business entity is not organized under the laws of this
3Commonwealth.

4(3)  Such other relief as the court deems equitable,
5including the forfeiture of assets or other provision for
6restitution as provided in this chapter.

7(b)  Disposition of fines.--Fines imposed under this section
8shall be paid to the council to fund the grant program
9established under section 3036 (relating to grants).

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.

21(2)  Shall be liable under this section if the person has
22knowledge of such other facts as in the circumstances shows
23bad faith.

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

1history of participation in commercial sex acts or
2performances involving sexual conduct, as provided in section
33104 (relating to evidence of victim's sexual conduct).

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
8consent).

9(3)  A human trafficking victim's age with respect to the
10age of consent to sex or legal age of marriage.

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
16the contract.

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
9organization:

10(1)  Shall create a presumption that the defendant's
11participation in the offense was a result of having been a
12human trafficking victim.

13(2)  Shall not be required for granting a motion under
14this section.

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
28similar charges.

29§ 3020.  Restitution.

30(a)  Order.--The court shall order a person found guilty of a

1violation of this chapter to pay restitution to the human
2trafficking victim, under the following conditions:

3(1)  If the human trafficking victim dies as a result of
4human trafficking, the following shall be entitled to
5restitution, in the following order:

6(i)  The surviving spouse of the human trafficking
7victim.

8(ii)  The lineal descendants of the human trafficking
9victim, per stirpes.

10(iii)  The estate of the human trafficking victim.

11(2)  A person who violates this chapter shall be
12ineligible to receive restitution as set forth in paragraph
13(1).

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.

20(4)  The following items may be included in an order of
21restitution, in the discretion of the court:

22(i)  The costs of medical and psychological
23treatment, including:

24(A)  physical and occupational therapy and
25rehabilitation; and

26(B)  counseling for:

27(I)  a human trafficking victim;

28(II)  an individual responsible for the human
29trafficking victim's welfare;

30(III)  an individual related to the human

1trafficking victim within the second degree of
2consanguinity or affinity;

3(IV)  an individual maintaining a common-law
4relationship with the human trafficking victim;

5(V)  an individual residing in the same
6household with the human trafficking victim; or

7(VI)  an individual engaged to be married to
8the human trafficking victim.

9(ii)  The costs of transportation, temporary housing
10and child care.

11(iii)  Attorney fees and other court-related costs,
12including victim advocate fees.

13(iv)  For the period during which the human
14trafficking victim was engaged in involuntary servitude,
15the greater of the following:

16(A)  The value of the human trafficking victim's
17services as guaranteed under the minimum wage and
18overtime provisions of the laws of this Commonwealth.

19(B)  The gross income or value to the defendant
20of the human trafficking victim's services.

21(C)  The amount the human trafficking victim was
22promised, or the amount someone in the human
23trafficking victim's position would have reasonably
24expected to earn.

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.

29(vi)  Relocation expenses for the human trafficking
30victim and members of the human trafficking victim's

1family or household if the relocation is verified as
2necessary by:

3(A)  a law enforcement official, for the personal
4safety of the human trafficking victim or the human
5trafficking victim's family or household members; or

6(B)  a mental health treatment provider, for the
7emotional well-being of the human trafficking victim.

8(vii)  Repatriation of the human trafficking victim
9to the human trafficking victim's home country, if
10applicable.

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
17collection agency).

18(b)  Special rule for sexual servitude victims.--An
19individual who is a victim of sexual servitude:

20(1)  Shall not receive restitution as replacement for
21income earned in an illegal activity.

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.

27(c)  Limitation on restitution.--Other than amounts allowed
28under subparagraph (a)(4)(iv), any award made under this section
29shall be in an amount not exceeding out-of-pocket expenses.

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
5following:

6(1)  from or on behalf of the person who was convicted of
7trafficking the human trafficking victim;

8(2)  under any insurance or health and welfare programs,
9including those mandated by law;

10(3)  under any contract of insurance wherein the human
11trafficking victim is the beneficiary;

12(4)  from public funds;

13(5)  under any pension program, including those providing
14for disability or survivor's benefits; or

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
22victim.

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.

29(a)  General rule.--The following shall be subject to
30forfeiture to this Commonwealth, and no property right shall

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).

7(ii)  Affording a person a source of influence over
8such individual, entity or organization under
9subparagraph (i).

10(iii)  Acquired or maintained by a person with the
11intent and for the purpose of supporting, planning,
12conducting or concealing an act in this Commonwealth
13which violates section 3011 or 3012.

14(iv)  Derived from, involved in or used or intended
15to be used to commit an act in this Commonwealth which
16violates section 3011 or 3012.

17(2)  All assets within this Commonwealth:

18(i)  Of an individual, entity or organization engaged
19in planning or perpetrating an act which violates section
203011 or 3012.

21(ii)  Acquired or maintained with the intent and for
22the purpose of supporting, planning, conducting or
23concealing an act which violates section 3011 or 3012.

24(iii)  Derived from, involved in or used or intended
25to be used to commit an act which violates section 3011
26or 3012.

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.

7(2)  When property is seized under this section, the law
8enforcement agency shall place the property under seal and
9either:

10(i)  remove the property to a place designated by it;
11or

12(ii)  require that the district attorney take custody
13of the property and remove it to an appropriate location
14for disposition in accordance with law.

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
23subsection (m).

24(e)  Proceedings and petition.--

25(1)  The proceedings for the forfeiture or condemnation
26of property shall be in rem, in which the Commonwealth shall
27be the plaintiff and the property the defendant.

28(2)  A petition shall:

29(i)  be filed in the court of common pleas of the
30judicial district where the property is located;

1(ii)  be verified by oath or affirmation of an
2officer or citizen; and

3(iii)  contain the following:

4(A)  A description of the property seized.

5(B)  A statement of the time and place where
6seized.

7(C)  The owner, if known.

8(D)  The person or persons in possession, if
9known.

10(E)  An allegation that the property is subject
11to forfeiture under this section and an averment of
12material facts upon which forfeiture action is based.

13(F)  A prayer for an order of forfeiture that the
14property be adjudged forfeited to the Commonwealth
15and condemned unless cause to the contrary is shown.

16(f)  Service.--

17(1)  A copy of the petition required under subsection (e)
18shall be served personally or by certified mail on the owner
19or the person or persons in possession at the time of the
20seizure.

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.

29(3)  The notice shall be signed by the district attorney,
30deputy district attorney or assistant district attorney.

1(g)  Notice.--

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;

8(ii)  there was no person in possession of the
9property when seized;

10(iii)  the owner or such person or persons in
11possession at the time of the seizure cannot be
12personally served or located within the jurisdiction of
13the court.

14(2)  Notwithstanding any other law to the contrary, this
15section does not require any advertisement.

16(3)  The notice of the petition shall:

17(i)  contain a statement of the seizure of the
18property, a description of the property, the place and
19date of seizure; and

20(ii)  direct any claimants to the property to file a
21claim on or before a date given in the notice, which date
22shall not be less than 30 days from the date of the first
23publication.

24(4)  If no claims are filed within 30 days of
25publication, the property shall summarily forfeit to the
26Commonwealth.

27(h)  Unknown owner.--For purposes of this section, the owner
28or other such person cannot be found in the jurisdiction of the
29court if:

30(1)  A copy of the petition is mailed to the last known

1address by certified mail and is returned without delivery.

2(2)  Personal service is attempted once but cannot be
3made at the last known address.

4(3)  A copy of the petition is left at the last known
5address.

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.

12(j)  Hearing date.--Upon the filing of a claim for the
13property setting forth a right of possession, the case shall be
14deemed at issue and a date and time shall be fixed for the   
15hearing.

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:

21(1)  the claimant is the owner of the property or the
22holder of a chattel mortgage or contract of conditional sale
23thereon;

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

1circumstances presented.

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.

6(iii)  A lien or reservation of title to the property
7as the holder of:

8(A)  a chattel mortgage upon the property; or

9(B)  a contract of conditional sale upon the
10property.

11(2)  A public hearing shall be held, with due notice
12given to the district attorney.

13(3)  The court may order the property returned or
14delivered to the claimant upon proof by a preponderance of
15the evidence by the claimant that:

16(i)  the property was lawfully acquired, possessed
17and used by the claimant; 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.

23(m)  Disposition of proceeds.--Subject to subsection (d), all
24moneys forfeited and the proceeds from the sale of all property
25forfeited and seized under this section shall be paid as
26follows:

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.

1(2)  Any amount remaining after reimbursement under
2paragraph (1) shall be distributed under the following
3formula:

4(i)  Thirty percent to the office of the district
5attorney to be used to investigate and prosecute human
6trafficking cases.

7(ii)  Thirty-five percent to the council to fund the
8grant program established in section 3036 (relating to
9grants).

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
20Commonwealth.

21§ 3022.  Forfeiture of professional licenses and governmental
22contracts.

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

1agency action).

2(c)  Loss of public works contract.--A public works
3contractor or subcontractor who knowingly employs or permits the
4employment of a human trafficking victim is subject to the
5following:

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.

10(2)  For a second offense relating to the public
11contract:

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
26be waived.

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

1under 62 Pa.C.S. § 531 (relating to debarment or suspension)
2for one year.

3(d)  Affirmative defense.--It shall be an affirmative defense
4to any proceeding for a violation of this chapter that a
5licensee or public works contractor or subcontractor:

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.

14(e)  Definitions.--The following words and phrases when used
15in this section shall have the meanings given to them in this
16subsection unless the context clearly indicates otherwise:

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.

2"Public works contractor."  A contractor that provides goods
3or services under a contract involving a public works project.

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.

10Any remedies under this chapter shall be in addition to any
11other criminal penalties or forfeitures authorized under the
12laws of this Commonwealth.

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:

18(1)  If a human trafficking victim suffered bodily
19injury, with increased penalties for:

20(i)  Serious bodily injury, as defined in section
212301 (relating to definitions).

22(ii)  Permanent or life-threatening bodily injury.

23(iii)  Death.

24(2)  The time the individual was held in involuntary
25servitude, with increased penalties for holding a human
26trafficking victim:

27(i)  For at least 180 days and less than one year.

28(ii)  For one year or more.

29(3)  The number of human trafficking victims, with
30increased penalties if violations involved more than one

1human trafficking victim.

2(4)  If the human trafficking victim was a minor at the
3time of the initial offense under this chapter.

4(b)  Victim impact statement.--Human trafficking victims
5under this chapter shall have the opportunity to offer prior
6comment on the sentencing of a defendant under the following
7circumstances:

8(1)  The office of the district attorney shall provide
9notice of the opportunity to the human 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
14victim's family.

15(3)  The written statement or oral transcript shall be
16included in any predisposition or presentence report
17submitted to the court.

18(4)  Victim impact statements shall be considered by a
19court when determining a sentence.

20(5)  An interpreter who speaks a language that the human
21trafficking victim understands shall be made available to the
22human trafficking victim during the course of legal
23proceedings.

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
28subchapter.

29SUBCHAPTER C

30PREVENTION OF HUMAN TRAFFICKING

1Sec.

23031.  Pennsylvania Council for the Prevention of Human
3Trafficking.

43032.  Commission responsibilities.

53033.  Training.

63034.  Public awareness.

73035.  National Human Trafficking Resource Center Hotline.

83036.  Grants.

93037.  Role of nongovernmental organizations.

10§ 3031.  Pennsylvania Council for the Prevention of Human
11Trafficking.

12(a)  Establishment.--The Pennsylvania Council for the
13Prevention of Human Trafficking is established in the
14commission.

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.

18(3)  A representative of the Department of Labor and
19Industry.

20(4)  A representative of the Department of Health.

21(5)  A representative of the Department of Public
22Welfare.

23(6)  A representative of the Department of State.

24(7)  A representative of the Pennsylvania State Police.

25(8)  A representative of the Pennsylvania District
26Attorneys Association.

27(9)  A representative of the Pennsylvania Chiefs of
28Police Association.

29(10)  A representative of the Pennsylvania Sheriffs'
30Association.

1(11)  A representative of the Pennsylvania Coalition
2Against Domestic Violence.

3(12)  A representative of the Pennsylvania Coalition
4Against Rape.

5(13)  Three representatives of local law enforcement
6agencies appointed by the Governor.

7(14)  Ten representatives from nongovernmental
8organizations appointed by the Governor to include:

9(i)  organizations with substantial experience
10serving human trafficking victims;

11(ii)  regional organizations, including task forces
12and coalitions devoted to human trafficking;

13(iii)  agencies devoted to runaway services; and

14(iv)  academic researchers dedicated to the subject
15of human trafficking.

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.

22(3)  The United States Immigration and Customs
23Enforcement.

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.

1(3)  A simple majority of the council members shall
2constitute a quorum.

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.

8(5)  The council shall establish rules for the conduct of
9its meetings.

10(e)  Responsibilities.--The council shall:

11(1)  Develop and assist the commission in implementing
12the State plan developed in section 3051 (relating to State
13Plan for the Prevention of Human Trafficking).

14(2)  Administer the grant program established in section
153036 (relating to grants).

16(3)  Advise the commission in carrying out its duties
17under this chapter.

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
22year.

23§ 3032.  Commission responsibilities.

24(a)  Responsibilities.--The commission shall:

25(1)  Enhance and support local and regional efforts to
26combat human trafficking.

27(2)  Coordinate the implementation of the State plan.

28(3)  Coordinate the sharing of information between
29agencies for the purposes of detecting persons engaged in
30human trafficking.

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).

6(5)  Establish policies to work with nongovernmental
7organizations to prevent human trafficking and provide
8assistance to human trafficking victims.

9(6)  Review existing services and facilities to meet the
10needs of human trafficking victims and recommend improved
11coordination efforts involving:

12(i)  Health services, including mental health
13services.

14(ii)  Housing.

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.

20(viii)  Processes and procedures to protect human
21trafficking victims after identification as a human
22trafficking victim.

23(7)  Evaluate various approaches used by State and local
24governments to increase public awareness of human
25trafficking.

26(8)  Develop screening protocols for use by emergency
27medical services providers as defined in 35 Pa.C.S. § 8103
28(relating to definitions).

29(9)  Compile and publish a Statewide directory of
30agencies that provide services to human trafficking victims.

1(10)  Develop guidelines for size and display of public
2information materials developed under section 3034 (relating
3to public awareness).

4(11)  Provide administrative support or other assistance
5to the council.

6(b)  Delegation of responsibilities.--The commission may
7delegate any or all of its duties to nongovernmental
8organizations.

9§ 3033.  Training.

10(a)  Law enforcement personnel.--The commission shall develop
11a course of training in all aspects of human trafficking to be
12included as a component of in-service training for the
13following:

14(1)  Members of the Pennsylvania State Police.

15(2)  Municipal police officers, as defined in 53 Pa.C.S.
16Ch. 21 (relating to employees).

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
22center staff.

23(c)  Other agencies.--The following shall add a training
24component to identify human trafficking victims for use by their
25personnel:

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
7shelters.

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.

17(4)  The health risks of maltreatment, rape, exposure to
18HIV/AIDS and sexually transmitted diseases.

19(5)  The potential psychological harm.

20(6)  The risks of engaging in commercial sex acts and
21possible punishment.

22(7)  Human trafficking victims' rights under Federal and
23State law.

24(8)  Methods for reporting suspected recruitment
25activities.

26(9)  Types of services available to victims and how to
27access such services.

28(10)  Relevant hotlines, including the National Human
29Trafficking Resource Center Hotline under section 3035
30(relating to National Human Trafficking Resource Center

1Hotline).

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
9trafficking.

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:

14(1)  The impact of human trafficking on individual
15victims.

16(2)  Aggregate information on human trafficking worldwide
17and domestically.

18(3)  Warnings of the criminal consequences of engaging in
19human trafficking.

20(4)  Information described in paragraphs (a)(4), (5),
21(6), (7), (8), (9) and (10).

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.

26(e)  Privacy protected.--All programs and materials developed
27under this section shall preserve the privacy of human
28trafficking victims and their families.

29(f)  Periodic evaluation.--All public awareness programs
30prepared under this section shall be evaluated periodically to

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.

8(a)  General rule.--Subject to the availability of funds, the
9council shall make grants to units of local government and
10nongovernmental organizations to:

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
28following:

29(1)  Organizations with substantial experience serving
30victims of human trafficking, sexual violence or domestic

1violence.

2(2)  Regional organizations, including task forces and
3coalitions devoted to human trafficking.

4(3)  Agencies devoted to runaway services.

5(4)  Agencies providing shelter and secure housing for
6victims.

7(5)  Academic researchers dedicated to the subject of
8human trafficking.

9SUBCHAPTER D

10PROTECTION OF HUMAN TRAFFICKING VICTIMS

11Sec.

123051.  State Plan for the Prevention of Human Trafficking.

133052.  Civil causes of action.

143053.  Protection of victims.

153054.  Appropriate implementation for minor human trafficking
16victims.

173055.  Services.

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:

30(1)  Age.

1(2)  Gender.

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.

20(2)  An individual who is a victim of the sex trade may
21bring a civil action in the court of common pleas of the
22county where the individual resides against a person that:

23(i)  recruits, profits from or maintains the victim
24in any sex trade act;

25(ii)  abuses or causes bodily harm to the victim in
26any sex trade act; and

27(iii)  knowingly advertises or publishes
28advertisements for purposes of recruitment into sex trade
29activity.

30(b)  Exception.--This section shall not be construed to

1create liability for any person who provides goods or services
2to the general public and to a person who would be liable under
3paragraph (a)(2), absent a showing that the person:

4(1)  knowingly markets or provides its goods or services
5to a person liable under paragraph (a)(2);

6(2)  knowingly receives a higher level of compensation
7from a person liable under paragraph (a)(2); or

8(3)  supervises or exercises control over a person liable
9under paragraph (a)(2).

10(c)  Damages.--The court may award any of the following forms
11of relief:

12(1)  Actual damages.

13(2)  Compensatory damages.

14(3)  Punitive damages.

15(4)  Injunctive relief.

16(5)  Any other appropriate relief.

17(d)  Attorney fees and costs.--A prevailing plaintiff who is
18a human trafficking victim shall be awarded reasonable attorney
19fees and costs.

20(e)  Treble damages.--Treble damages shall be awarded to a
21human trafficking victim on proof of actual damages where the
22defendant's acts were willful and malicious.

23(f)  Joinder of actions.--In the discretion of the court:

24(1)  Two or more individuals may join in one action under
25this section as plaintiffs if their respective actions
26involve at least one defendant in common.

27(2)  Two or more persons may be joined in one action
28under this section as defendants if those persons may be
29liable to at least one plaintiff in common.

30(g)  Attempts at avoidance of liability.--No person may avoid

1liability under this section by:

2(1)  a conveyance of any right, title or interest in real
3property; or

4(2)  an agreement, including an indemnification agreement
5or hold harmless agreement, that purports to show the consent
6of the human trafficking victim.

7(h)  Statute of limitations.--The statute of limitations for
8an action under this section may be tolled under any of the
9following circumstances:

10(1)  Until the plaintiff discovers that the human
11trafficking incident occurred and that the defendant caused,
12was responsible for or profited from the incident.

13(2)  Until a minor victim has attained the age of
14majority.

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.

23(5)  If the plaintiff is subject to threats,
24intimidation, manipulation or fraud perpetrated by the
25defendant or any person acting on the defendant's behalf,
26until such actions have ceased.

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.

2(j)  Nondefenses.--It shall not be a defense to an action
3under this section that the following occurred:

4(1)  The victim of the sex trade and the defendant had a
5consensual sexual relationship.

6(2)  The defendant is related to the victim of the sex
7trade by blood or marriage.

8(3)  The defendant has lived with the victim of the sex
9trade in any formal or informal household arrangement.

10(4)  The victim of the sex trade was paid or otherwise
11compensated for sex trade activity.

12(5)  The victim of the sex trade engaged in sex trade
13activity prior to any involvement with the defendant.

14(6)  The victim of the sex trade continued to engage in
15sex trade activity following any involvement with the
16defendant.

17(7)  The victim of the sex trade made no attempt to
18escape, flee or otherwise terminate the contact with the
19defendant.

20(8)  The victim of the sex trade consented to engage in
21sex trade activity.

22(9)  The victim of the sex trade engaged in only a single
23incident of sex trade activity.

24(10)  There was no physical contact involved in the sex
25trade activity.

26(11)  As a condition of employment, the defendant
27required the victim of the sex trade to agree not to engage
28in prostitution.

29(12)  The defendant's place of business was posted with
30signs prohibiting prostitution or prostitution-related

1activities.

2(13)  The victim of the sex trade has been convicted or
3charged with prostitution or prostitution-related offenses.

4(14)  The victim of labor trafficking made no attempt to
5escape, flee or otherwise terminate the contact with the
6defendant.

7(k)  Definitions.--The following words and phrases when used
8in this section shall have the meanings given to them in this
9subsection unless the context clearly indicates otherwise:

10"Disability."  Includes insanity, imprisonment or other
11incapacity or intellectual disability.

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.

19(3)  Intended or compelled to engage in an act of
20prostitution.

21(4)  Intended or compelled to engage in a commercial sex
22act.

23(5)  Described or depicted in material that advertises an
24intent or compulsion to engage in commercial sex acts.

25(6)  In the case of obscenity or child pornography, has
26appeared in or been described or depicted in the offending
27conduct or material.

28§ 3053.  Protection of victims.

29Law enforcement agencies shall take all steps necessary to
30identify and protect human trafficking victims, including:

1(1)  Interviewing all individuals arrested on charges of
2prostitution to identify if they are victims.

3(2)  Upon identification as a human trafficking victim
4and subject to the consent of the victim and the victim's
5family, where family consent is appropriate, by:

6(i)  providing reasonable protection to prevent
7recapture by human traffickers and their associates;

8(ii)  securing the victim and the victim's family
9known to be living in this Commonwealth from threats,
10reprisals or intimidation by the human traffickers and
11their associates; and

12(iii)  ensuring that the victim has an opportunity to
13consult with a victim advocate or other appropriate
14person to develop a safety plan and for advocacy
15purposes.

16§ 3054.  Appropriate implementation for minor human trafficking
17victims.

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
23situation.

24(b)  Special procedures.--Special procedures shall be
25developed to accommodate minor witnesses during the
26investigation and prosecution of violations of this chapter,
27including:

28(1)  The presence of the parent, legal guardian, foster
29parent or attorney during all testimony and court
30proceedings, if it is in the best interest of the minor.

1(2)  Reuniting the minor with family members, whether
2within or without the United States, whenever safe, possible
3and in the best interest of the minor.

4(3)  Formally investigate the home situation of a minor
5who became a human trafficking victim after running away or
6being cast out of the minor's home or foster care.

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.

18(2)  Information on prison release dates of persons
19convicted of offenses under this chapter.

20(3)  Their right to provide a victim impact statement.

21(4)  Their right to a victim advocate.

22(5)  The procedure for repatriation to the human
23trafficking victim's country of citizenship or lawful
24residence.

25(6)  A directory of local human trafficking victim
26service organizations.

27(7)  A directory of legal services organizations that can
28assist human trafficking victims in obtaining or maintaining
29legal immigration status.

30(c)  Access to crime victims' services.--

1(1)  Human trafficking victims shall be eligible for
2benefits and compensation under the act of November 24, 1998
3(P.L.882, No.111), known as the Crime Victims Act.              

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
9benefits.

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.

18(e)  Labor standards and working conditions.--The Department
19of Labor and Industry shall:

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.

24(2)  Investigate complaints of unlawful working
25conditions without regard to the immigration status of the
26complainants and without regard to the nature of the work or
27services involved.

28(f)  Immigration certification.--

29(1)  The Attorney General, a district attorney or any
30representative of a law enforcement agency may certify in

1writing to the United States Department of Justice or other
2Federal agency, including the United States Department of
3Homeland Security, that:

4(i)  an investigation or prosecution under this
5chapter has begun; and

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.

11(2)  Cooperation with law enforcement agencies shall not
12be required of a human trafficking victim who is a minor.

13(3)  Certification under this subsection may be made
14available to the human trafficking victim and the human
15trafficking victim's designated legal representative.

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
20other facility.

21(b)  Restrictions on admission.--Admission to a shelter:

22(1)  shall be made without regard to race, religion,
23ethnic background, sexual orientation, country of origin or
24culture; and

25(2)  may not be conditioned on whether the human
26trafficking victim is cooperating with a law enforcement
27agency in its attempts to prosecute persons under this
28chapter.

29SUBCHAPTER E

30MISCELLANEOUS PROVISIONS

1Sec.

23071.  Appropriations.

33072.  Other funding.

43073.  Nonexclusivity.

5§ 3071.  Appropriations.

6The General Assembly shall appropriate funds as necessary to
7support the activities of the council.

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
16chapter.

17(b)  Commission support.--The commission shall provide 
18adequate resources to the council to implement this chapter.  

19§ 3073.  Nonexclusivity.

20Remedies under this chapter are not exclusive and shall be in
21addition to other procedures or remedies for a violation or
22conduct provided for in other law.

23Section 4.  Section 5708(1) of Title 18 is amended to read:

24§ 5708.  Order authorizing interception of wire, electronic or
25oral communications.

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)

19Section 2716 (relating to weapons of mass
20destruction)

21Section 2901 (relating to kidnapping)

22Section [3002] 3011 (relating to trafficking [of
23persons] in individuals)

24Section 3121 (relating to rape)

25Section 3123 (relating to involuntary deviate sexual
26intercourse)

27Section 3124.1 (relating to sexual assault)

28Section 3125 (relating to aggravated indecent
29assault)

30Section 3301 (relating to arson and related offenses)

1Section 3302 (relating to causing or risking
2catastrophe)

3Section 3502 (relating to burglary)

4Section 3701 (relating to robbery)

5Section 3921 (relating to theft by unlawful taking or
6disposition)

7Section 3922 (relating to theft by deception)

8Section 3923 (relating to theft by extortion)

9Section 4701 (relating to bribery in official and
10political matters)

11Section 4702 (relating to threats and other improper
12influence in official and political matters)

13Section 5512 (relating to lotteries, etc.)

14Section 5513 (relating to gambling devices, gambling,
15etc.)

16Section 5514 (relating to pool selling and
17bookmaking)

18Section 5516 (relating to facsimile weapons of mass
19destruction)

20Section 6318 (relating to unlawful contact with
21minor)

22* * *

23Section 5.  Sections 4415 and 4436 of Title 42 are amended by
24adding paragraphs to read:

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

1engaged in a confidential communication as provided by any
2statute or general rule, including, but not limited to:

3* * *

4(9)  Section 5945.3 (relating to confidential
5communications with human trafficking caseworkers).

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
13limited to:

14* * *

15(9)  Section 5945.3 (relating to confidential
16communications with human trafficking caseworkers).

17Section 6.  Section 5552(c)(3) of Title 42 is amended and the
18subsection is amended by adding a paragraph to read:

19§ 5552.  Other offenses.

20* * *

21(c)  Exceptions.--If the period prescribed in subsection (a),
22(b) or (b.1) has expired, a prosecution may nevertheless be
23commenced for:

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):

2Section 3011(b) (relating to trafficking in
3individuals).

4Section 3012 (relating to involuntary servitude).

5Section 3121 (relating to rape).

6Section 3122.1 (relating to statutory sexual
7assault).

8Section 3123 (relating to involuntary deviate sexual
9intercourse).

10Section 3124.1 (relating to sexual assault).

11Section 3125 (relating to aggravated indecent
12assault).

13Section 3126 (relating to indecent assault).

14Section 3127 (relating to indecent exposure).

15Section 4302 (relating to incest).

16Section 4304 (relating to endangering welfare of
17children).

18Section 6301 (relating to corruption of minors).

19Section 6312(b) (relating to sexual abuse of
20children).

21Section 6320 (relating to sexual exploitation of
22children).

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* * *

29Section 7.  Section 5554(2) and (3) of Title 42 are amended
30and the section is amended by adding a paragraph to read:

1§ 5554.  Tolling of statute.

2Except as provided by section 5553(e) (relating to
3disposition of proceedings within two years), the period of
4limitation does not run during any time when:

5* * *

6(2)  a prosecution against the accused for the same
7conduct is pending in this Commonwealth; [or]

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:

21§ 5945.3.  Confidential communications with human trafficking
22caseworkers.

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.

27(b)  Privilege.--

28(1)  This subsection applies to all of the following:

29(i)  A human trafficking caseworker.

30(ii)  An interpreter.

1(2)  An individual designated in paragraph (1) may not
2disclose a confidential communication without the written
3consent of the human trafficking victim who made the
4confidential communication.

5(c)  Definitions.--As used in this section, the following
6words and phrases shall have the meanings given to them in this
7subsection:

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:

17(1)  who is engaged by any organization whether
18financially compensated or not;

19(2)  whose primary purpose is the rendering of advice or
20assistance to a human trafficking victim, as defined in 18
21Pa.C.S. § 3001 (relating to definitions); and

22(3)  who:

23(i)  holds a master's degree or higher in counseling
24or a related field;

25(ii)  has an undergraduate degree or equivalent in a
26human services profession; or

27(iii)  is supervised by an individual qualified under
28subparagraph (i) or (ii) and has at least 80 hours of
29training received under that supervision in:

30(A)  the history of human trafficking;

1(B)  civil law and criminal law as they relate to
2human trafficking;

3(C)  societal attitudes toward human trafficking;

4(D)  peer counseling techniques;

5(E)  housing, public assistance and other
6financial resources available to meet the needs of
7human trafficking victims;

8(F)  referral services available to human
9trafficking victims;

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
15written translation.

16Section 9.  Sections 9720.2 and 9738(b) of Title 42 are
17amended to read:

18§ 9720.2.  Sentencing for trafficking of persons.

19Notwithstanding any other provision of law, a person who
20commits a violation of 18 Pa.C.S. § [3002] 3011 (relating to
21trafficking [of persons] in individuals) while violating:

22(1)  18 Pa.C.S. § 2901 (relating to kidnapping);

23(2)  18 Pa.C.S. § 3121 (relating to rape); or

24(3)  18 Pa.C.S. § 3123 (relating to involuntary deviate
25sexual intercourse);

26shall be sentenced up to a maximum term of life imprisonment.

27§ 9738.  Victim impact statements.

28* * *

29(b)  Definition.--As used in this section, the term "victim"
30shall [have the same meaning as in section 479.1 of the act of

1April 9, 1929 (P.L.177, No.175), known as The Administrative
2Code of 1929.] mean a "victim" as defined in:

3(1)  section 103 of the act of November 24, 1998
4(P.L.882, No.111), known as the Crime Victims Act; or

5(2)  18 Pa.C.S. § 3001 (relating to definitions).

6Section 10.  Applicability is as follows:

7(1)  The addition of 18 Pa.C.S. Ch. 30 shall apply to
8offenses committed on or after the effective date of this
9section.

10(2)  Section 2 {repeal of 18 Pa.C.S. §§ 3001, 3002, 3003
11and 3004} of this act shall not affect the validity of a
12prosecution initiated under the repealed sections.

13Section 11.  This act shall take effect in 60 days.

 

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