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)

1Section 2706 (relating to terroristic threats)

2Chapter 29 (relating to kidnapping)

3Chapter 30 (relating to human trafficking [of
4persons])

5Chapter 33 (relating to arson, criminal mischief
6and other property destruction)

7Chapter 37 (relating to robbery)

8Chapter 39 (relating to theft and related
9offenses)

10Section 4108 (relating to commercial bribery and
11breach of duty to act disinterestedly)

12Section 4109 (relating to rigging publicly
13exhibited contest)

14Section 4117 (relating to insurance fraud)

15Chapter 47 (relating to bribery and corrupt
16influence)

17Chapter 49 (relating to falsification and
18intimidation)

19Section 5111 (relating to dealing in proceeds of
20unlawful activities)

21Section 5512 (relating to lotteries, etc.)

22Section 5513 (relating to gambling devices,
23gambling, etc.)

24Section 5514 (relating to pool selling and
25bookmaking)

26Chapter 59 (relating to public indecency).

27* * *

28An act which otherwise would be considered racketeering
29activity by reason of the application of this paragraph,
30shall not be excluded from its application solely because the

1operative acts took place outside the jurisdiction of this
2Commonwealth, if such acts would have been in violation of
3the law of the jurisdiction in which they occurred.

4* * *

5Section 2. The heading of Chapter 30 and sections 3001,
63002, 3003 and 3004 of Title 18 are repealed:

7[CHAPTER 30

8TRAFFICKING OF PERSONS

9§ 3001. Definitions.

10The following words and phrases when used in this chapter
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Criminal coercion." The term includes conduct defined as
14criminal coercion by section 2906 (relating to criminal
15coercion).

16"Forced labor or services." Labor or services that are
17performed or provided by another person which are obtained or
18maintained when a person:

19(1) attempts to cause, causes or by threat of physical
20menace puts another person in fear of bodily injury;

21(2) physically restrains or threatens to physically
22restrain another person unlawfully;

23(3) abuses or threatens to abuse the law or legal
24process;

25(4) possesses except as required by Federal immigration
26law or regulation, destroys, conceals, removes or confiscates
27any actual or purported passport or other immigration
28document of another person, or any other actual or purported
29government identification document of another person; or

30(5) engages in criminal coercion of another person.

1"Traffics." Recruits, entices, harbors, transports or
2provides or obtains by any means.

3§ 3002. Trafficking of persons.

4(a) Offense defined.--A person commits an offense if the
5person knowingly traffics or knowingly attempts to traffic
6another person, knowing that the other person will be subjected
7to forced labor or services.

8(b) Grading.--An offense under subsection (a) shall be
9graded a felony of the second degree unless the other person
10suffers bodily injury or the other person is an individual under
1118 years of age, in which case it shall be graded as a felony of
12the first degree.

13§ 3003. Restitution for offenses.

14(a) General rule.--A person convicted of an offense under
15this chapter shall, in addition to any other remedy deemed
16appropriate by the court, be sentenced to pay the victim
17restitution, including the greater of:

18(1) the gross income or value to the person to whom the
19labor or services were performed by the victim; or

20(2) the value of the victim's labor based on the minimum
21wage of this Commonwealth.

22(b) Private remedies.--Nothing in this section shall be
23construed to preclude any other remedy at law or in equity.

24§ 3004. Forfeiture.

25(a) General rule.--The following shall be subject to
26forfeitures to the Commonwealth, and no property right shall
27exist in them:

28(1) All assets, foreign or domestic:

29(i) Of an individual, entity or organization engaged
30in planning or perpetrating an act in this Commonwealth

1which violates section 3002 (relating to trafficking of
2persons) and all assets, foreign or domestic, affording a
3person a source of influence over such individual, entity
4or organization.

5(ii) Acquired or maintained by a person with the
6intent and for the purpose of supporting, planning,
7conducting or concealing an act in this Commonwealth
8which violates section 3002.

9(iii) Derived from, involved in or used or intended
10to be used to commit an act in this Commonwealth which
11violates section 3002.

12(2) All assets within this Commonwealth:

13(i) Of an individual, entity or organization engaged
14in planning or perpetrating an act which violates section
153002.

16(ii) Acquired or maintained with the intent and for
17the purpose of supporting, planning, conducting or
18concealing an act which violates section 3002.

19(iii) Derived from, involved in or used or intended
20to be used to commit an act which violates section 3002.

21(b) Process and seizures.--Property subject to forfeiture
22under this section may be seized by the law enforcement
23authority upon process issued by any court of common pleas
24having jurisdiction over the property.

25(c) Custody of property.--

26(1) Property taken or detained under this section shall
27not be subject to replevin but is deemed to be in the custody
28of the law enforcement authority subject only to the orders
29and decrees of the court of common pleas having jurisdiction
30over the forfeiture proceedings and of the district attorney.

1(2) When property is seized under this section, the law
2enforcement authority shall place the property under seal and
3either:

4(i) remove the property to a place designated by it;
5or

6(ii) require that the district attorney take custody
7of the property and remove it to an appropriate location
8for disposition in accordance with law.

9(d) Transfer of property.--Whenever property is forfeited
10under this section, the property shall be transferred to the
11custody of the district attorney. The district attorney, where
12appropriate, may retain the property for official use or sell
13the property, but the proceeds from any such sale shall be used
14to pay all proper expenses of the proceedings for forfeiture and
15sale, including expenses of seizure, maintenance of custody,
16advertising and court costs. The balance of the proceeds shall
17be used for the enforcement of the criminal laws of
18Pennsylvania.

19(e) Proceedings and petition.--The proceedings for the
20forfeiture or condemnation of property, the retention or sale of
21which is provided for in this section, shall be in rem, in which
22the Commonwealth shall be the plaintiff and the property the
23defendant. A petition shall be filed in the court of common
24pleas of the judicial district where the property is located,
25verified by oath or affirmation of an officer or citizen,
26containing the following:

27(1) A description of the property seized.

28(2) A statement of the time and place where seized.

29(3) The owner, if known.

30(4) The person or persons in possession, if known.

1(5) An allegation that the property is subject to
2forfeiture pursuant to this section and an averment of
3material facts upon which forfeiture action is based.

4(6) A prayer for an order of forfeiture that the
5property be adjudged forfeited to the Commonwealth and
6condemned unless cause be shown to the contrary.

7(f) Service.--A copy of the petition required under
8subsection (e) shall be served personally or by certified mail
9on the owner or the person or persons in possession at the time
10of the seizure. The copy shall have endorsed a notice as
11follows:

12To the claimant of within described property:

13You are required to file an answer to this petition,
14setting forth your title in and right to possession of the
15property within 30 days from the service of this notice. You
16are also notified that, if you fail to file the answer, a
17decree of forfeiture and condemnation will be entered against
18the property.

19The notice shall be signed by the district attorney, deputy
20district attorney or assistant district attorney.

21(g) Notice.--

22(1) If the owner of the property is unknown or there was
23no person in possession of the property when seized or if the
24owner or such person or persons in possession at the time of
25the seizure cannot be personally served or located within the
26jurisdiction of the court, notice of the petition shall be
27given by the Commonwealth through an advertisement in only
28one newspaper of general circulation published in the county
29where the property shall have been seized, once a week for
30two successive weeks. No other advertisement of any sort

1shall be necessary, any other law to the contrary
2notwithstanding.

3(2) The notice shall contain a statement of the seizure
4of the property with a description of the property and the
5place and date of seizure and shall direct any claimants to
6the property to file a claim on or before a date given in the
7notice, which date shall not be less than 30 days from the
8date of the first publication.

9(3) If no claims are filed within 30 days of
10publication, the property shall summarily forfeit to the
11Commonwealth.

12(h) Unknown owner.--For purposes of this section, the owner
13or other such person cannot be found in the jurisdiction of the
14court if:

15(1) a copy of the petition is mailed to the last known
16address by certified mail and is returned without delivery;

17(2) personal service is attempted once but cannot be
18made at the last known address; and

19(3) a copy of the petition is left at the last known
20address.

21(i) Waiver of notice.--The notice provisions of this section
22are automatically waived if the owner, without good cause, fails
23to appear in court in response to a subpoena on the underlying
24criminal charges. Forty-five days after such a failure to
25appear, if good cause has not been demonstrated, the property
26shall summarily forfeit to the Commonwealth.

27(j) Hearing date.--Upon the filing of a claim for the
28property setting forth a right of possession, the case shall be
29deemed at issue, and a date and time shall be fixed for the
30hearing.

1(k) Burden of proof.--At the hearing, if the Commonwealth
2produces evidence that the property in question was unlawfully
3used, possessed or otherwise subject to forfeiture under this
4section, the burden shall be upon the claimant to show by a
5preponderance of the evidence:

6(1) That the claimant is the owner of the property or
7the holder of a chattel mortgage or contract of conditional
8sale thereon.

9(2) That the claimant lawfully acquired the property.

10(3) That the property was not unlawfully used or
11possessed by the claimant. If it appears that the property
12was unlawfully used or possessed by a person other than the
13claimant, then the claimant shall show that the unlawful use
14or possession was without his knowledge or consent. Such
15absence of knowledge or consent must be reasonable under the
16circumstances presented.

17(l) Claims of ownership.--If a person claiming the ownership
18of or right of possession to or claiming to be the holder of a
19chattel mortgage or contract of conditional sale upon the
20property, the disposition of which is provided for in this
21section, prior to the sale presents a petition to the court
22alleging lawful ownership, right of possession, a lien or
23reservation of title to the property and if, on public hearing,
24due notice of which having been given to the district attorney,
25the claimant shall prove by a preponderance of the evidence that
26the property was lawfully acquired, possessed and used by him
27or, it appearing that the property was unlawfully used by a
28person other than the claimant, that the unlawful use was
29without the claimant's knowledge or consent, then the court may
30order the property returned or delivered to the claimant. Such

1absence of knowledge or consent must be reasonable under the
2circumstances presented. Otherwise, it shall be retained for
3official use or sold in accordance with this section.]

4Section 3. Title 18 is amended by adding a chapter to read:

5CHAPTER 30

6HUMAN TRAFFICKING

7Subchapter

8A. General Provisions

9B. Prosecution of Human Trafficking

10C. Prevention of Human Trafficking

11D. Protection of Victims of Human Trafficking

12E. Miscellaneous Provisions

13SUBCHAPTER A

14GENERAL PROVISIONS

15Sec.

163001. Definitions.

17§ 3001. Definitions.

18The following words and phrases when used in this chapter
19shall have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21"Commercial sex act." Any sex act on account of which
22anything of value is given, promised to or received, directly or
23indirectly, by an individual.

24"Commission." The Pennsylvania Commission on Crime and
25Delinquency.

26"Council." The Pennsylvania Council for the Prevention of
27Human Trafficking, established under section 3031 (relating to
28Pennsylvania Council for the Prevention of Human Trafficking).

29"Debt coercion." Exploitation of the status or condition of
30a debtor arising from a pledge by the debtor of the personal

1services of the debt or an individual under the debtor's control
2as a security or payment for debt, if any of the following
3apply:

4(1) The value of those services as reasonably assessed
5is not applied toward the liquidation of the debt.

6(2) The length and nature of those services are not
7respectively limited and defined.

8(3) The principal amount of the debt does not reasonably
9reflect the value of the items or services for which the debt
10was incurred.

11(4) The individual is coerced to perform sex acts as
12payment for the debt.

13(5) The debtor controls and determines the movement,
14housing and services performed by the individual until
15repayment of the debt.

16"Extortion." As defined in section 3923 (relating to theft
17by extortion).

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

19(1) A violation of the act of March 30, 1859 (P.L.318,
20No.318), referred to as the Payment of the Wages of Labor
21Law.

22(2) A violation of the act of May 23, 1887 (P.L.181,
23No.122), referred to as the Employment of Labor Regulated
24Law.

25(3) A criminal violation of the act of January 30, 1974
26(P.L.13, No.6), referred to as the Loan Interest and
27Protection Law (Usury Law).

28(4) A violation of Chapter 2 of the act of June 23, 1978
29(P.L.537, No.93), known as the Seasonal Farm Labor Act.

30(5) A violation of any other law of this Commonwealth

1governing the payment of wages for labor or services.

2"Human trafficking." Any activity in violation of section
33011 (relating to trafficking in individuals) either alone or in
4conjunction with an activity in violation of section 3012
5(relating to involuntary servitude).

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 victim of human 
30trafficking to perform or to continue performing labor or a

1service, a commercial sex act or a performance involving sexual
2conduct 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 victim of human trafficking 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).

6"Victim of human trafficking" or "victim." An individual who
7has been subjected to human trafficking.

8SUBCHAPTER B

9PROSECUTION OF HUMAN TRAFFICKING

10Sec.

113011. Trafficking in individuals.

123012. Involuntary servitude.

133013. Patronizing a victim of sexual servitude.

143014. Unlawful conduct regarding documents.

153015. Nonpayment of wages.

163016. Obstruction of justice.

173017. Violation by business entities.

183018. Evidence and defenses to human trafficking.

193019. Victim protection during prosecution.

203020. Restitution.

213021. Asset forfeiture.

223022. Professional licenses.

233023. Cumulative remedies.

243024. Sentencing.

253025. Data collection.

26§ 3011. Trafficking in individuals.

27(a) Offense defined.--A person commits a felony of the
28second degree if the person:

29(1) recruits, entices, solicits, harbors, transports,
30provides, obtains or maintains an individual if the person

1knows or recklessly disregards that the individual will be
2subject to involuntary servitude; or

3(2) Knowingly benefits financially or receives anything
4of value from any act that facilitates any activity described
5in paragraph (1).

6(b) Trafficking in minors.--A person commits a felony of the
7first degree if the person engages in any activity listed in
8subsection (a) that results in a minor's being subjected to
9sexual servitude.

10(c) Nonapplicability.--This section does not apply to
11customers of persons engaging in or offering to engage in
12commercial sex acts or prostitution.

13§ 3012. Involuntary servitude.

14(a) Offense defined.--A person commits a felony of the first
15degree if the person knowingly, through any of the means
16described in subsection (b), subjects an individual to labor 
17servitude or sexual servitude, except where such conduct is 
18permissible under Federal or State law other than this chapter.

19(b) Means of subjecting an individual to involuntary
20servitude.--A person may subject an individual to involuntary
21servitude through any of the following means:

22(1) Causing or threatening to cause serious harm to any
23individual.

24(2) Physically restraining or threatening to physically
25restrain another individual.

26(3) Kidnapping or attempting to kidnap any individual.

27(4) Abusing or threatening to abuse the legal process.

28(5) Taking or retaining the individual's personal
29property or real property as a means of coercion.

30(6) Engaging in unlawful conduct with respect to

1documents, as defined in section 3014 (relating to unlawful
2conduct regarding documents).

3(7) Extortion or blackmail.

4(8) Fraud.

5(9) Criminal coercion, as defined in section 2906
6(relating to criminal coercion).

7(10) Duress, under section 309 (relating to duress).

8(11) Debt coercion.

9(12) Facilitating or controlling the individual's access 
10to a controlled substance.

11(13) Using any scheme, plan or pattern intended to cause
12the individual to believe that, if the individual does not
13perform such labor, services, acts or performances, that
14individual or another individual will suffer serious harm or
15physical restraint.

16(c) Nonapplicability.--This section does not apply to 
17customers of persons engaging in or offering to engage in 
18commercial sex acts or prostitution.

19§ 3013. Patronizing a victim of sexual servitude.

20(a) Offense defined.--A person commits a felony of the
21second degree if the person engages in any sexual conduct or
22performance with another individual knowing that the individual
23is a victim of human trafficking.

24(b) Investigation.--An individual arrested for a violation
25of section 5902(e) (relating to prostitution and related
26offenses) may be formally detained and questioned by law
27enforcement personnel to determine if the individual engaged in
28any sexual conduct or performance with the alleged prostitute
29knowing or in reckless disregard of the fact that the individual
30is a victim of human trafficking.

1(c) Fine.--A person whose violation of this subsection
2results in a judicial disposition other than acquittal or
3dismissal shall also pay a fine of $500 to the court, to be
4distributed to the council to fund the grant program established
5under section 3036 (relating to grants).

6§ 3014. Unlawful conduct regarding documents.

7(a) Applicability.--This section applies to an action that
8is done:

9(1) in the course of a violation of or with intent to
10violate section 3011 (relating to trafficking in individuals)
11or 3012 (relating to involuntary servitude); or

12(2) to prevent or restrict or to attempt to prevent or
13restrict, without lawful authority, the ability of an
14individual to move or travel, in order to maintain the
15involuntary servitude of that individual.

16(b) Offense defined.--A person commits a felony of the third
17degree if the person knowingly destroys, conceals, removes,
18confiscates or possesses an actual or purported:

19(1) passport or other immigration document of an
20individual; or

21(2) government identification document of an individual.

22§ 3015. Nonpayment of wages.

23(a) Offense defined.--A person who in connection with, as a 
24part of or in addition to engaging in human trafficking,
25willfully or with intent to defraud, fails or refuses to pay
26wages or otherwise causes financial harm to an individual for
27labor services rendered is guilty of:

28(1) A misdemeanor of the third degree if the amount owed
29to the individual is less than $2,000.

30(2) A felony of the third degree, if:

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

3(ii) the failure or refusal constitutes a second or
4subsequent violation of this section; or

5(iii) the person falsely denies the amount due or
6the validity of the debt.

7(b) Offenses cumulative.--A person commits a separate
8offense under this section for each calendar month during which
9the individual earned wages that the person failed to pay or was
10otherwise financially harmed.

11§ 3016. Obstruction of justice.

12A person who commits a violation of Subchapter B of Chapter
1349 (relating to victim and witness intimidation) or Chapter 51
14(relating to obstructing governmental operations) that in any
15way interferes with or prevents the enforcement of this chapter
16shall be subject to the same penalties that may be imposed for
17the offense for which the person has been charged under this
18chapter.

19§ 3017. Violation by business entities.

20(a) Penalty.--Any business entity, including a corporation
21or unincorporated association, limited liability partnership or
22company or other legal entity that aids or participates in any
23violation of this chapter, shall be subject to any of the
24following penalties:

25(1) A fine of not more than $1,000,000.

26(2) Revocation of the business entity's:

27(i) charter, if it is organized under the laws of
28this Commonwealth; or

29(ii) certificate to do business in this
30Commonwealth, if the business entity is not organized

1under the laws of this Commonwealth.

2(3) Such other relief as the court deems equitable,
3including the forfeiture of assets or other provision for
4restitution as provided in this chapter.

5(b) Disposition of fines.--Fines imposed under this section
6shall be paid to the council to fund the grant program
7established under section 3036 (relating to grants).

8(c) Knowledge.--Notwithstanding any exemption from liability
9provided for in 15 Pa.C.S. §§ 8523 (relating to liability of
10limited partners to third parties) and 8922 (relating to
11liability of members), an officer, director, partner, manager or
12member of any entity found liable under this section:

13(1) Shall not be liable under this section if the person
14acted in good faith, in a manner that the person reasonably
15believed to be in the best interests of the corporation,
16partnership or company, and with such care, including
17reasonable inquiry, skill and diligence, as a person of
18ordinary prudence would use under similar circumstances.

19(2) Shall be liable under this section if the person has
20knowledge of such other facts as in the circumstances shows
21bad faith.

22§ 3018. Evidence and defenses to human trafficking.

23(a) General rule.--Evidence of the following facts or
24conditions shall not constitute a defense in a prosecution for a
25violation under this chapter, nor shall such evidence preclude a
26finding of a violation under this chapter:

27(1) Specific instances of past sexual conduct of the 
28victim of human trafficking, opinion evidence of the alleged 
29victim's past sexual conduct and reputation evidence of the 
30alleged victim's past sexual conduct shall not be admissible
 

1in a prosecution under this chapter, except evidence of the 
2alleged victim's past sexual conduct with the defendant shall 
3be admissible where consent of the alleged victim is at issue 
4and such evidence is otherwise admissible pursuant to the 
5rules of evidence. A defendant who proposes to offer evidence 
6of the alleged victim's past sexual conduct pursuant to this 
7paragraph shall file a written motion and offer of proof at 
8the time of trial. If, at the time of trial, the court 
9determines that the motion and offer of proof are sufficient 
10on their faces, the court shall order an in camera hearing 
11and shall make findings on the record as to the relevance and 
12admissibility of the proposed evidence pursuant to the 
13standards of this paragraph.

14(2) The age of the victim of human trafficking with
15respect to the age of consent to sex or legal age of
16marriage.

17(b) Victim's consent to employment contract in labor
18servitude.--The consent of the victim of human trafficking to an
19employment contract, even if there was not fraud involved in the
20contract's formation, shall not be a defense to labor
21trafficking if force or coercion as described in section 3012(b) 
22(relating to involuntary servitude) were involved in the making
23of the contract.

24(c) Victim's age in sexual servitude.--Except as provided in
25section 3102 (relating to mistake as to age), evidence of a
26defendant's lack of knowledge of a person's age, or a reasonable
27mistake of age, is not a defense for a violation of this chapter
28involving the sexual servitude of a minor.

29§ 3019. Victim protection during prosecution.

30(a) Disclosure of name of victim of human trafficking.--

1Notwithstanding any other provision of law to the contrary,
2unless the court otherwise orders in a prosecution involving a
3victim of human trafficking, an officer or employee of the court
4may not disclose the identity of the victim of human trafficking
5to the public. Any record revealing the name of the victim of 
6human trafficking shall not be open to public inspection.

7(b) Affirmative defense.--An individual who is charged with
8any violation under section 5902 (relating to prostitution and
9related offenses) may offer the defense at trial that he engaged
10in the conduct charged to constitute an offense because he was
11compelled to do so by coercion or the use of, or a threat to
12use, unlawful force against his person or the person of another,
13which a person of reasonable firmness in his situation would
14have been unable to resist.

15(c) Diversionary program.--An individual who is charged with
16violating a trespassing, loitering, obstruction of highway,
17disorderly conduct, or simple possession of a controlled
18substance statute that directly results from being a victim of
19human trafficking, where the violation is his first offense,
20shall be given first consideration for a pretrial diversionary
21program by the judicial authority with jurisdiction over the
22violations. If the individual successfully completes the
23diversionary program, the individual's records of the charge of
24violating the statute shall be expunged as provided for under
25section 9122 (relating to expungement).

26(d) Motion to vacate conviction.--

27(1) An individual convicted under section 3503 (relating
28to criminal trespass), 5503 (relating to disorderly conduct),
295506 (relating to loitering and prowling at night time), 5507
30(relating to obstructing highways and other public passages)

1or 5902, or an offense for simple possession of a controlled
2substance committed as a direct result of being a victim of
3human trafficking may file a motion to vacate the conviction.

4(2) A motion under this subsection shall:

5(i) Be in writing.

6(ii) Be signed and consented to by attorney for the
7Commonwealth.

8(iii) Describe the supporting evidence with
9particularity.

10(iv) Include copies of any documents showing that
11the moving party is entitled to relief under this
12section.

13(e) Official documentation.--No official determination or
14documentation is required to grant a motion under this section,
15but official documentation from a Federal, state or local
16government agency indicating that the defendant was a victim at
17the time of the offense creates a presumption that the
18defendant's participation in the offense was a direct result of
19being a victim.

20(f) Grant of motion.--The court shall grant the motion if it
21finds that:

22(1) The moving party was convicted under section 5902 or
23other nonviolent misdemeanor offense.

24(2) The conviction was obtained as a result of the
25moving party's having been a victim of human trafficking.

26(g) Conviction vacated.--If the motion under subsection (d)
27is granted, the court shall vacate the conviction, strike the
28adjudication of guilt and order the expungement of the record of
29the criminal proceedings. The court shall issue an order to
30expunge all records and files related to the moving party's

1arrest, citation, investigation, charge, adjudication of guilt,
2criminal proceedings and probation for the offense. The court
3may take any additional action that it deems appropriate under
4the circumstances or that justice requires.

5§ 3020. Restitution.

6(a) Order.--The court shall order a person found guilty of a
7violation of this chapter to pay restitution to the victim of 
8human trafficking under the provisions of section 1106 (relating 
9to restitution for injuries to person or property) and under the
10following conditions:

11(1) A person who violates this chapter shall be 
12ineligible to receive restitution.

13(2) The following items may be included in an order of
14restitution:

15(i) For the period during which the victim of human 
16trafficking was engaged in involuntary servitude, the
17greater of the following:

18(A) The value of the services of the victim of 
19human trafficking as guaranteed under the minimum
20wage and overtime provisions of the laws of this
21Commonwealth.

22(B) The gross income or value to the defendant
23of the services of the victim of human trafficking.

24(C) The amount the victim of human trafficking
25was promised, or the amount someone in the position 
26of the victim of human trafficking would have
27reasonably expected to earn.

28(ii) The return of property of the victim of human 
29trafficking, cost of damage to the property or the
30replacement value of the property if taken, destroyed or

1damaged beyond repair as a result of human trafficking.

2(3) Collection and distribution of restitution payments
3shall be governed by the provisions of 42 Pa.C.S. §§ 9728
4(relating to collection of restitution, reparation, fees,
5costs, fines and penalties), 9730 (relating to payment of
6court costs, restitution and fines) and 9730.1 (relating to
7collection of court costs, restitution and fines by private
8collection agency).

9(b) Special rule for sexual servitude victims.--An
10individual who is a victim of sexual servitude:

11(1) Shall not receive restitution as replacement for
12income earned in an illegal activity.

13(2) Shall be entitled to restitution in the form of
14tuition and fees, not to exceed the average costs of a two-
15year degree program at a Pennsylvania community college, in
16order to obtain training or education necessary to become
17gainfully and legally employed.

18(c) Limitation on restitution.--Any award made under this
19section shall be in an amount not exceeding out-of-pocket
20expenses.

21§ 3021. Asset forfeiture.

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

25(1) All assets, foreign or domestic:

26(i) Of an individual, entity or organization engaged
27in planning or perpetrating an act in this Commonwealth
28which violates section 3011 (relating to trafficking in
29individuals) or 3012 (relating to involuntary servitude).

30(ii) Affording a person a source of influence over

1such individual, entity or organization under
2subparagraph (i).

3(iii) 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 3011 or 3012.

7(iv) Derived from, involved in or used or intended
8to be used to commit an act in this Commonwealth which
9violates section 3011 or 3012.

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
133011 or 3012.

14(ii) Acquired or maintained with the intent and for
15the purpose of supporting, planning, conducting or
16concealing an act which violates section 3011 or 3012.

17(iii) Derived from, involved in or used or intended
18to be used to commit an act which violates section 3011
19or 3012.

20(b) Process and seizures.--

21(1) Property subject to forfeiture under this section
22may be seized by a law enforcement agency upon process issued
23by any court of common pleas having jurisdiction over the
24property.

25(2) Seizure without process may be made if:

26(i)  the seizure is incident to an arrest or a search
27under a search warrant or inspection under an
28administrative inspection warrant;

29(ii) the property subject to seizure has been the
30subject of a prior judgment in favor of the Commonwealth

1in a criminal injunction or forfeiture proceeding under
2this chapter;

3(iii) there is probable cause to believe that the
4property is dangerous to health or safety; or

5(iv) there is probable cause to believe that the
6property has been used or is intended to be used in
7violation of this chapter.

8(3) In the event that seizure without process occurs as
9provided for in paragraph (2), proceedings for the issuance
10of process shall be instituted promptly.

11(c) Custody of property.--

12(1) Property taken or detained under this section shall
13not be subject to replevin but is deemed to be in the custody
14of the law enforcement agency, the district attorney or the 
15Attorney General subject only to the orders and decrees of
16the court of common pleas having jurisdiction over the
17forfeiture proceedings.

18(2) When property is seized under this section, the law
19enforcement agency shall place the property under seal and
20either:

21(i) remove the property to a place designated by it;
22or

23(ii) require that the district attorney take custody
24of the property and remove it to an appropriate location
25for disposition in accordance with law.

26(d) Transfer of property.--Whenever property is forfeited
27under this section, the property shall be transferred to the
28custody of the district attorney if the law enforcement 
29authority seizing the property has county or local jurisdiction, 
30or the Attorney General if the law enforcement authority seizing
 

1the property has Statewide jurisdiction. The Attorney General or 
2district attorney, where appropriate, may sell the property. The
3proceeds from a sale shall first be used to pay all proper
4expenses of the proceedings for forfeiture and sale, including
5expenses of seizure, maintenance of custody, advertising and
6court costs. The balance of the proceeds shall be distributed
7under subsection (m).

8(e) Proceedings and petition.--

9(1) The proceedings for the forfeiture or condemnation
10of property shall be in rem, in which the Commonwealth shall
11be the plaintiff and the property the defendant.

12(2) A petition shall:

13(i) be filed in the court of common pleas of the
14judicial district where the property is located;

15(ii) be verified by oath or affirmation of an
16officer or citizen; and

17(iii) contain the following:

18(A) A description of the property seized.

19(B) A statement of the time and place where
20seized.

21(C) The owner, if known.

22(D) The person or persons in possession, if
23known.

24(E) An allegation that the property is subject
25to forfeiture under this section and an averment of
26material facts upon which forfeiture action is based.

27(F) A prayer for an order of forfeiture that the
28property be adjudged forfeited to the Commonwealth
29and condemned unless cause to the contrary is shown.

30(f) Service.--

1(1) A copy of the petition required under subsection (e)
2shall be served personally or by certified mail on the owner
3or the person or persons in possession at the time of the
4seizure.

5(2) The copy shall have endorsed a notice as follows:

6To the claimant of the within described property:

7You are required to file an answer to this petition,
8setting forth your title in and right to possession
9of the property within 30 days from the service of
10this notice. You are also notified that, if you fail
11to file the answer, a decree of forfeiture and
12condemnation will be entered against the property.

13(3) The notice shall be signed by the district attorney,
14deputy district attorney or assistant district attorney or 
15the Attorney General or a deputy attorney general.

16(g) Notice.--

17(1) Notice of the petition shall be given by the
18Commonwealth through an advertisement in only one newspaper
19of general circulation published in the county where the
20property shall have been seized, once a week for two
21successive weeks if:

22(i) the owner of the property is unknown;

23(ii) there was no person in possession of the
24property when seized;

25(iii) the owner or such person or persons in
26possession at the time of the seizure cannot be
27personally served or located within the jurisdiction of
28the court.

29(2) Notwithstanding any other law to the contrary, no 
30advertisement shall be required.

1(3) The notice shall:

2(i) contain a statement of the seizure of the
3property, a description of the property, the place and
4date of seizure; and

5(ii) direct any claimants to the property to file a
6claim on or before a date given in the notice, which date
7shall not be less than 30 days from the date of the first
8publication.

9(4) If no claims are filed within 30 days of
10publication, the property shall summarily forfeit to the
11Commonwealth.

12(h) Unknown owner.--For purposes of this section, the owner
13or other such person cannot be found in the jurisdiction of the
14court if:

15(1) A copy of the petition is mailed to the last known
16address by certified mail and is returned without delivery.

17(2) Personal service is attempted once but cannot be
18made at the last known address.

19(3) A copy of the petition is left at the last known
20address.

21(i) Waiver of notice.--The notice provisions of this section
22are automatically waived if the owner, without good cause, fails
23to appear in court in response to a subpoena on the underlying
24criminal charges. If good cause has not been demonstrated and 45
25days have passed since the owner failed to appear, the property
26shall summarily forfeit to the Commonwealth.

27(j) Hearing date.--Upon the filing of a claim for the
28property setting forth a right of possession, the case shall be
29deemed at issue and a date and time shall be fixed for the
30hearing.

1(k) Burden of proof.--If the Commonwealth produces evidence
2at the hearing under this section that the property in question
3was unlawfully used, possessed or otherwise subject to
4forfeiture under this section, the burden shall be upon the
5claimant to show by a preponderance of the evidence that:

6(1) the claimant is the owner of the property or the
7holder of a chattel mortgage or contract of conditional sale
8thereon;

9(2) the claimant lawfully acquired the property; and

10(3) the property was not unlawfully used or possessed by
11the claimant. If it appears that the property was unlawfully
12used or possessed by a person other than the claimant, then
13the claimant shall show that the unlawful use or possession
14was without his knowledge or consent. Such absence of
15knowledge or consent must be reasonable under the
16circumstances presented.

17(l) Claims of ownership.--

18(1) A person may file a petition or answer the 
19Commonwealth's petition alleging:

20(i) Ownership of the property.

21(ii) A right of possession to the property.

22(iii) A lien or reservation of title to the property
23as the holder of:

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

25(B) a contract of conditional sale upon the
26property.

27(2) A public hearing shall be held, with due notice
28given to the district attorney or Attorney General.

29(3) The court may order the property returned or
30delivered to the claimant upon proof by a preponderance of

1the evidence by the claimant that:

2(i) the property was lawfully acquired, possessed
3and used by the claimant; or

4(ii) if it appears that the property was unlawfully
5used by a person other than the claimant, the unlawful
6use was without the claimant's knowledge or consent. The
7absence of knowledge or consent must be reasonable under
8the circumstances presented.

9(m) Disposition of proceeds.--Subject to subsection (d), all
10moneys forfeited and the proceeds from the sale of all property
11forfeited and seized under this section shall be paid as
12follows:

13(1) Any law enforcement agency shall be reimbursed if it
14has used its own funds in the detection, investigation,
15apprehension and prosecution of persons for violation of
16sections 3011 and 3012.

17(2) Any amount remaining after reimbursement under
18paragraph (1) shall be distributed under the following
19formula:

20(i) Thirty percent to the office of the prosecuting
21attorney to be used to investigate and prosecute human
22trafficking cases.

23(ii) Thirty-five percent to the commission to fund
24the grant program established in section 3036 (relating
25to grants).

26(iii) Thirty-five percent to the Office of Victims'
27Services in the commission to provide services to
28victims of human trafficking in the manner set forth in
29Chapter 9 of the act of November 24, 1998 (P.L.882,
30No.111), known as the Crime Victims Act.

1(n) Assets located outside United States.--Assets of persons
2convicted of violations of sections 3011 and 3012 that are
3located outside the United States shall also be subject to
4forfeiture to the extent they can be retrieved by the
5Commonwealth.

6§ 3022. Professional licenses.

7(a) Suspension of professional license.--The professional
8license of a licensee who knowingly employs or permits the
9employment of a victim of human trafficking shall be suspended
10for a minimum period of one year.

11(b) Administrative procedure.--A suspension under subsection 
12(a) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
13practice and procedure of Commonwealth agencies) and Ch. 7
14Subch. A (relating to judicial review of Commonwealth agency
15action).

16(c) Affirmative defense.--It shall be an affirmative defense
17to any proceeding for a violation of this chapter that a
18licensee :

19(1) complied with section 274A of the Immigration and
20Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a) with respect
21to hiring, recruiting or referring an individual for
22employment in the United States; or

23(2) required a contractor or subcontractor to certify
24compliance with section 274A of the Immigration and
25Nationality Act with respect to hiring, recruiting or
26referring an individual for employment in the United States.

27(d) Definition.--As used in this section, "licensee" shall 
28mean an individual, corporation, partnership, limited liability
29company or other legal entity that holds a license issued by an
30administrative board or commission under the Bureau of

1Professional and Occupational Affairs in the Department of
2State.

3§ 3023. Cumulative remedies.

4Any remedies under this chapter shall be in addition to any
5other criminal penalties or forfeitures authorized under the
6laws of this Commonwealth.

7§ 3024. Sentencing.

8The Pennsylvania Commission on Sentencing, in accordance with 
942 Pa.C.S. § 2154 (relating to adoption of guidelines for 
10sentencing), shall provide for sentencing enhancements for 
11courts to consider in cases involving trafficking in individuals 
12and involuntary servitude.

13§ 3025. Data collection.

14The Pennsylvania Commission on Sentencing established in 42
15Pa.C.S. § 2151.2 (relating to commission) shall collect data and
16other relevant information on sentences imposed under this
17subchapter.

18SUBCHAPTER C

19PREVENTION OF HUMAN TRAFFICKING

20Sec.

213031. Pennsylvania Council for the Prevention of Human
22Trafficking.

233032. Commission responsibilities.

243033. Training.

253034. Public awareness.

263035. National Human Trafficking Resource Center Hotline.

273036. Grants.

283037. Role of nongovernmental organizations.

29§ 3031. Pennsylvania Council for the Prevention of Human
30Trafficking.

1(a) Establishment.--

2(1) Pursuant to the provisions of paragraph (2), the 
3Pennsylvania Council for the Prevention of Human Trafficking
4is established.

5(2) The commission may establish the council in the
6commission, subject to the availability of funds, to provide
7support for the administration of the council and for the
8implementation of the council's responsibilities or the
9commission may enter into a contract, memorandum of
10understanding or other agreement with another governmental or
11a nongovernmental entity to establish the council, provide
12support for the administration of the council and implement
13the council's responsibilities.

14(b) Membership.--The council may include the following:

15(1) A representative of the Office of the Governor.

16(2) A representative of the Office of Attorney General.

17(3) A representative of the Department of Labor and
18Industry.

19(4) A representative of the Department of Health.

20(5) A representative of the Department of Public
21Welfare.

22(6) A representative of the Department of State.

23(7) A representative of the Pennsylvania State Police.

24(8) A representative of the Pennsylvania District
25Attorneys Association.

26(9) A representative of the Pennsylvania Chiefs of
27Police Association.

28(10) A representative of the Pennsylvania Sheriffs'
29Association.

30(11) A representative of the Pennsylvania Coalition

1Against Domestic Violence.

2(12) A representative of the Pennsylvania Coalition
3Against Rape.

4(13) Three representatives of local law enforcement
5agencies.

6(14) Ten representatives from nongovernmental
7organizations to include:

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

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

12(iii) agencies devoted to runaway services; and

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

15(15) A representative of the Pennsylvania Commission on
16Sentencing.

17(c) Federal government representation on council.--A
18representative from each of the following organizations
19operating within the Commonwealth may be invited by the council 
20to be members of the council:

21(1) The United States Attorneys' offices.

22(2) The Federal Bureau of Investigation.

23(3) The United States Immigration and Customs
24Enforcement.

25(4) The United States Department of Labor.

26(d) Procedural matters.--

27(1) The council shall meet at least four times annually.

28(2) The commission or entity, as appropriate under 
29subsection (a)(2), shall call and organize the first meeting
30of the council, at which time the council shall elect from

1among the membership a chair, who shall serve for two years,
2or until a successor is elected.

3(3) A simple majority of the council members shall
4constitute a quorum.

5(4) Members of the council shall serve without
6compensation, but each member may be reimbursed for any
7actual and necessary expenses incurred in the performance of
8council-related duties. Expenses may include reimbursement of
9travel and living expenses while engaged in council business.

10(5) The council shall establish rules for the conduct of
11its meetings.

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

13(1) Develop and assist the commission in implementing
14the State plan developed in section 3051 (relating to State
15Plan for the Prevention of Human Trafficking).

16(2) Enhance and support local and regional efforts to 
17deter human trafficking.

18(3) Advise and assist the commission in carrying out its
19duties under this chapter.

20§ 3032. Commission responsibilities.

21The commission shall, subject to the availability of 
22resources:

23(1) Administer the grant program established in section 
243036 (relating to grants).

25(2) Coordinate the implementation of the State plan.

26(3) Coordinate the sharing of information between
27agencies for the purposes of detecting persons engaged in
28human trafficking.

29(4) Explore the establishment of State policies for time
30limits for the issuance of law enforcement agency

1endorsements as described in Federal regulations found at 8
2CFR § 214.11(f)(1) (relating to alien victims of severe forms
3of trafficking in persons).

4(5) Recommend policies and procedures for the
5coordination of the following services for human trafficking
6victims:

7(i) Healthcare services, including mental health
8services, testing for sexually transmitted diseases,
9immunodeficiency viruses and substance abuse counseling.

10(ii) Appropriate housing, taking into account the
11victim's status as a victim of an offense enumerated
12under this chapter.

13(iii) Employment, education and training
14opportunities.

15(iv) English as a second language classes.

16(v) Interpreting services.

17(vi) Legal and immigration services.

18(vii) Child care services.

19(6) Provide administrative support or other assistance
20to the council.

21§ 3033. Training.

22(a) Course of training.--The commission shall develop a
23course of training in all aspects of human trafficking , which
24may include virtual training. The training shall be included as
25a component of certification or in-service training by, but not
26limited to:

27(1) The members of the Pennsylvania State Police.

28(2) Municipal police officers as defined in 53 Pa.C.S.
29Ch. 21 (relating to employees).

30(3) County sheriffs and deputy sheriffs.

1(4) Adult and juvenile parole and probation officers.

2(5) Agents of the Office of Attorney General.

3(6) Juvenile detention center staff.

4(c) Other agencies.--The following government entities may
5add a training component to identify victims of human 
6trafficking for use by their personnel:

7(1) The Department of Corrections.

8(2) The Department of Health.

9(3) The Department of Public Welfare.

10(4) The Department of Education.

11(5) The Department of Labor and Industry.

12(6) The Office of Victim Advocate.

13(7) The commission.

14(d) Shelter personnel.--The commission shall develop
15training materials, which may include virtual training 
16materials, for use by staff working in domestic violence, sexual
17violence and human trafficking shelters to ensure the safety of
18victims of human trafficking residing in shelters.

19§ 3034. Public awareness.

20(a) Potential victims and content.--In cooperation with
21appropriate nongovernmental organizations and the council, the
22commission shall prepare public awareness programs designed to
23educate the community on the risks of human trafficking,
24including information regarding:

25(1) Common recruitment techniques.

26(2) The use of debt bondage.

27(3) Common coercive tactics.

28(4) The health risks of maltreatment, rape, exposure to
29HIV/AIDS and sexually transmitted diseases.

30(5) The potential psychological harm.

1(6) The risks of engaging in commercial sex acts and
2possible punishment.

3(7) The rights of victims of human trafficking under
4Federal and State law.

5(8) Methods for reporting suspected recruitment
6activities.

7(9) Types of services available to victims and how to
8access such services.

9(10) Relevant hotlines, including the National Human
10Trafficking Resource Center Hotline under section 3035
11(relating to National Human Trafficking Resource Center
12Hotline).

13(b) General public awareness programs.--In cooperation with
14other appropriate governmental agencies and nongovernmental
15organizations, the commission shall prepare and disseminate
16general public awareness programs and materials to educate the
17public on the extent of human trafficking of both United States
18citizens and foreign nationals and to discourage the demand that
19fosters the exploitation of persons that leads to human
20trafficking.

21(c) Content.--General public awareness programs and
22materials under this section shall recognize and be sensitive to
23ethnic and cultural differences among victims of human 
24trafficking and may include:

25(1) The impact of human trafficking on individual
26victims.

27(2) Aggregate information on human trafficking worldwide
28and domestically.

29(3) Warnings of the criminal consequences of engaging in
30human trafficking.

1(4) Information described in paragraphs (a)(4), (5),
2(6), (7), (8), (9) and (10).

3(d) Types of materials.--Materials described in subsections
4(b) and (c) may include pamphlets, brochures, posters,
5advertisements in mass media, public service announcements and
6any other appropriate media.

7(e) Privacy protected.--All programs and materials developed
8under this section shall preserve the privacy of victims of 
9human trafficking and their families.

10(f) Periodic evaluation.--All public awareness programs
11prepared under this section shall be evaluated periodically to
12ensure their effectiveness.

13§ 3035. National Human Trafficking Resource Center Hotline.

14Information regarding the National Human Trafficking Resource
15Center Hotline shall be disseminated pursuant to the act of
16October 24, 2012 (P.L.1618, No.197), known as the National Human
17Trafficking Resource Center Hotline Notification Act.

18§ 3036. Grants.

19(a) General rule.--Subject to the availability of funds, the
20commission shall make grants to units of local government and
21nongovernmental organizations to:

22(1) Develop, expand or strengthen programs for victims 
23of human trafficking.

24(2) Ensure prevention of human trafficking.

25(3) Ensure protection of victims of human trafficking.

26(b) Conflict of interest.--Whenever a member of the council
27is a representative of an applicant for a grant under this
28section, the member shall fully disclose the nature of the
29interest and withdraw from discussion, lobbying and voting on
30the matter. Any transaction or vote involving a potential

1conflict of interest shall be approved only when a majority of
2disinterested council members determines that it is in the best
3interests of the grant program to do so.

4§ 3037. Role of nongovernmental organizations.

5In implementing the responsibilities assigned under sections
63031 (relating to Pennsylvania Council for the Prevention of
7Human Trafficking), 3033 (relating to training) and 3034
8(relating to public awareness), the commission shall enlist the
9cooperation of nongovernmental organizations, including the
10following:

11(1) Organizations with substantial experience serving
12victims of human trafficking, sexual violence or domestic
13violence.

14(2) Regional organizations, including task forces and
15coalitions devoted to human trafficking.

16(3) Agencies devoted to runaway services.

17(4) Agencies providing shelter and secure housing for
18victims.

19(5) Academic researchers dedicated to the subject of
20human trafficking.

21SUBCHAPTER D

22PROTECTION OF VICTIMS OF HUMAN TRAFFICKING

23Sec.

243051. State Plan for the Prevention of Human Trafficking.

253052. Civil causes of action.

263053. Protection of victims.

273054. Appropriate implementation for minor victims of human 
28trafficking.

293055. Services.

303056. Victims in shelters.

1§ 3051. State Plan for the Prevention of Human Trafficking.

2(a) Development of plan.--The council shall assist the
3commission in the development of the plan for a coordinated
4response system to provide services to victims of human 
5trafficking as provided in section 9 of the act of October 24,
62012 (P.L.1618, No.197), known as the National Human Trafficking
7Resource Center Hotline Notification Act.

8(b) Personal characteristics to be considered.--In the
9development of the State plan under this section, the council
10shall consider the following factors relevant to the victim of 
11human trafficking and the victim's dependent children:

12(1) Age.

13(2) Gender.

14(3) Special needs.

15(4) Sexual orientation.

16(5) Gender identity.

17(6) Racial and ethnic background.

18(c) Implementation.--The State plan shall be submitted to
19the commission, which shall implement the plan in compliance
20with the requirements of this section and ensure that all 
21victims of human trafficking are treated with respect for their
22human rights and dignity. The council shall review the State
23plan annually to ensure that it continues to meet the needs of
24victims of human trafficking.

25§ 3052. Civil causes of action.

26(a) General rule.--

27(1) An individual who is a victim of human trafficking
28may bring a civil action against any person that participated
29in the human trafficking of the individual in the court of
30common pleas of the county where the individual resides or

1where any of the alleged violations of this chapter occurred.

2(2) An individual who is a victim of the sex trade may
3bring a civil action in the court of common pleas of the
4county where the individual resides against a person that:

5(i) recruits, profits from or maintains the victim
6in any sex trade act;

7(ii) abuses or causes bodily harm to the victim in
8any sex trade act; and

9(iii) knowingly advertises or publishes
10advertisements for purposes of recruitment into sex trade
11activity.

12(b) Exception.--This section shall not be construed to
13create liability for any person who provides goods or services
14to the general public and to a person who would be liable under
15subsection (a)(2), absent a showing that the person:

16(1) knowingly markets or provides its goods or services
17to a person liable under subsection (a)(2);

18(2) knowingly receives a higher level of compensation
19from a person liable under subsection (a)(2); or

20(3) supervises or exercises control over a person liable
21under subsection (a)(2).

22(c) Damages.--The court may award any of the following forms
23of relief:

24(1) Actual damages.

25(2) Compensatory damages.

26(3) Punitive damages.

27(4) Injunctive relief.

28(5) Any other appropriate relief.

29(d) Attorney fees and costs.--A prevailing plaintiff who is
30a victim of human trafficking shall be awarded reasonable

1attorney fees and costs.

2(e) Treble damages.--Treble damages shall be awarded to a 
3victim of human trafficking on proof of actual damages where the
4defendant's acts were willful and malicious.

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

6(1) Two or more individuals may join in one action under
7this section as plaintiffs if their respective actions
8involve at least one defendant in common.

9(2) Two or more persons may be joined in one action
10under this section as defendants if those persons may be
11liable to at least one plaintiff in common.

12(g) Attempts at avoidance of liability.--No person may avoid
13liability under this section by:

14(1) a conveyance of any right, title or interest in real
15property; or

16(2) an agreement, including an indemnification agreement
17or hold harmless agreement, that purports to show the consent
18of the victim of human trafficking.

19(h) Statute of limitations.--The statute of limitations for
20an action under this section may be tolled under any of the
21following circumstances:

22(1) Until the plaintiff discovers that the human
23trafficking incident occurred and that the defendant caused,
24was responsible for or profited from the incident.

25(2) Until a minor victim has attained the age of
26majority.

27(3) If a plaintiff is under a disability that makes it
28impossible or impracticable for the plaintiff to bring an
29action at the time the cause of action accrues, until the
30disability has been removed.

1(4) If the plaintiff's injury is caused by two or more
2incidents that are part of a human trafficking situation
3created by the same defendant, until the last human
4trafficking incident in the continuing series occurs.

5(5) If the plaintiff is subject to threats,
6intimidation, manipulation or fraud perpetrated by the
7defendant or any person acting on the defendant's behalf,
8until such actions have ceased.

9(i) Estoppel.--A defendant is estopped from asserting a
10defense of the statute of limitations when the expiration of the
11statute is due to conduct by the defendant inducing the
12plaintiff to delay the filing of the action or placing the
13plaintiff under duress.

14(j) Nondefenses.--It shall not be a defense to an action
15under this section that the following occurred:

16(1) The victim of the sex trade and the defendant had a
17consensual sexual relationship.

18(2) The defendant is related to the victim of the sex
19trade by blood or marriage.

20(3) The defendant has lived with the victim of the sex
21trade in any formal or informal household arrangement.

22(4) The victim of the sex trade was paid or otherwise
23compensated for sex trade activity.

24(5) The victim of the sex trade engaged in sex trade
25activity prior to any involvement with the defendant.

26(6) The victim of the sex trade continued to engage in
27sex trade activity following any involvement with the
28defendant.

29(7) The victim of the sex trade made no attempt to
30escape, flee or otherwise terminate the contact with the

1defendant.

2(8) The victim of the sex trade consented to engage in
3sex trade activity.

4(9) The victim of the sex trade engaged in only a single
5incident of sex trade activity.

6(10) There was no physical contact involved in the sex
7trade activity.

8(11) As a condition of employment, the defendant
9required the victim of the sex trade to agree not to engage
10in prostitution.

11(12) The defendant's place of business was posted with
12signs prohibiting prostitution or prostitution-related
13activities.

14(13) The victim of the sex trade has been convicted or
15charged with prostitution or prostitution-related offenses.

16(14) The victim of labor trafficking made no attempt to
17escape, flee or otherwise terminate the contact with the
18defendant.

19(k) Definitions.--The following words and phrases when used
20in this section shall have the meanings given to them in this
21subsection unless the context clearly indicates otherwise:

22"Disability." Includes insanity, imprisonment or other
23incapacity or intellectual disability.

24"Sex trade." An act, which if proven beyond a reasonable
25doubt, could support a conviction for violation or attempted
26violation of Ch. 59 (relating to public indecency) or section
276312 (relating to sexual abuse of children).

28"Victim of the sex trade." An individual who has been:

29(1) The object of a solicitation for prostitution.

30(2) The object of a transaction in a commercial sex act.

1(3) Intended or compelled to engage in an act of
2prostitution.

3(4) Intended or compelled to engage in a commercial sex
4act.

5(5) Described or depicted in material that advertises an
6intent or compulsion to engage in commercial sex acts.

7(6) In the case of obscenity or child pornography, has
8appeared in or been described or depicted in the offending
9conduct or material.

10§ 3053. Protection of victims.

11Law enforcement agencies shall take reasonable steps
12necessary to identify, protect and assist victims of human 
13trafficking.

14§ 3054. Appropriate implementation for minor victims of human 
15trafficking.

16(a) Best interest standard.--The provision of services to a
17minor victim of human trafficking by the Commonwealth or by any
18institution or person established or licensed by the
19Commonwealth shall be carried out in a manner that is in the
20best interest of the minor and appropriate to the particular
21situation.

22(b) Special procedures.--Special procedures shall be
23developed to accommodate minor witnesses during the
24investigation and prosecution of violations of this chapter,
25including:

26(1) The presence of the parent, legal guardian, foster
27parent or attorney during all testimony and court
28proceedings, if it is in the best interest of the minor.

29(2) Reuniting the minor with family members, whether
30within or without the United States, whenever safe, possible

1and in the best interest of the minor.

2(3) Formally investigate the home situation of a minor
3who became a victim of human trafficking after running away
4or being cast out of the minor's home or foster care.

5§ 3055. Services.

6(a) Effect of conviction.--Any conviction of section 3011
7(relating to trafficking in individuals) or 3012 (relating to
8involuntary servitude) shall automatically entitle the victim 
9of human trafficking to all benefits, rights and compensation
10granted under this chapter and the act of November 24, 1998 
11(P.L.882, No.111), known as the Crime Victims Act.

12(b) Information for victims.--The commission shall prepare a
13model informational form to be used by any person having contact
14with victims of human trafficking that informs victims of human 
15trafficking, in a language they can understand, of the
16following:

17(1) The procedure for repatriation to the country of
18citizenship or lawful residence of the victim of human 
19trafficking.

20(2) A directory of local service organizations for 
21victims of human trafficking.

22(3) A directory of legal services organizations that can
23assist victims of human trafficking in obtaining or
24maintaining legal immigration status.

25(4) A directory of benefits for victims of human 
26trafficking under Federal and State laws.

27(d) Benefits for victims of human trafficking.--Foreign
28national victims of human trafficking and their accompanying
29dependent children shall be eligible to receive benefits as 
30specified under the Trafficking Victims Protection Act of 2000
 

1(114 Stat. 1466, 22 U.S.C. § 7101 et seq.).

2(e) Labor standards and working conditions.--The Department
3of Labor and Industry shall:

4(1) Administer labor standards regarding wages, hours of
5work and working conditions under its jurisdiction without
6regard to the legal status of the individual's right to work
7in the United States.

8(2) Report to the appropriate law enforcement agency any 
9evidence of human trafficking that may be discovered during 
10the course of an investigation of wages, hours of work and 
11working conditions.

12(f) Immigration certification.--

13(1) The Attorney General, a district attorney or any
14representative of a law enforcement agency may certify in
15writing to the United States Department of Justice or other
16Federal agency, including the United States Department of
17Homeland Security, that:

18(i) an investigation or prosecution under this
19chapter has begun; and

20(ii) an individual who may be a victim of human 
21trafficking is willing to cooperate or is cooperating
22with the investigation to enable the individual, if
23eligible under Federal law, to qualify for an appropriate
24special immigrant visa and to access available Federal
25benefits.

26(2) Cooperation with law enforcement agencies shall not
27be required of a victim of human trafficking who is a minor.

28(3) Certification under this subsection may be made
29available to the victim of human trafficking and the
30designated legal representative of the victim of human
 

1trafficking.

2§ 3056. Victims in shelters.

3(a) Voluntary placement.--Residence of a victim of human 
4trafficking in a shelter or other facility shall be voluntary,
5and a victim of human trafficking may decline to stay in a
6shelter or other facility.

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

8(1) shall be made without regard to race, religion,
9ethnic background, sexual orientation, country of origin or
10culture; and

11(2) may not be conditioned on whether the victim of 
12human trafficking is cooperating with a law enforcement
13agency in its attempts to prosecute persons under this
14chapter.

15SUBCHAPTER E

16MISCELLANEOUS PROVISIONS

17Sec.

183071. Funding.

193072. Nonexclusivity.

20§ 3071. Funding.

21(a) Grant applications.--In addition to any money that may
22be appropriated from time to time by the General Assembly for
23its work, the council, in conjunction with the commission, may
24apply for and expend Federal grants and grants and contributions
25from other public, quasi-public or private sources to assist in
26implementing this chapter.

27(b) Commission support.--The commission shall provide
28adequate resources to the council to implement this chapter
29subject to the availability of resources to provide support for
30the administration of the council and for the implementation of

1the council's responsibilities, or the commission may enter into
2a contract, memorandum of understanding or other agreement with
3another governmental or a nongovernmental entity to establish
4the council and to provide support for the administration of the
5council and for the implementation of the council's
6responsibilities.

7§ 3072. Nonexclusivity.

8Remedies under this chapter are not exclusive and shall be in
9addition to other procedures or remedies for a violation or
10conduct provided for in other law.

<-11Section 1. Section 911(h)(1)(i) of Title 18 of the
12Pennsylvania Consolidated Statutes is amended to read:

13§ 911. Corrupt organizations.

14* * *

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

16(1) "Racketeering activity" means all of the following:

17(i) An act which is indictable under any of the
18following provisions of this title:

19Chapter 25 (relating to criminal homicide)

20Section 2706 (relating to terroristic threats)

21Chapter 29 (relating to kidnapping)

22Chapter 30 (relating to human trafficking [of
23persons])

24Chapter 33 (relating to arson, criminal mischief
25and other property destruction)

26Chapter 37 (relating to robbery)

27Chapter 39 (relating to theft and related
28offenses)

29Section 4108 (relating to commercial bribery and
30breach of duty to act disinterestedly)

1Section 4109 (relating to rigging publicly
2exhibited contest)

3Section 4117 (relating to insurance fraud)

4Chapter 47 (relating to bribery and corrupt
5influence)

6Chapter 49 (relating to falsification and
7intimidation)

8Section 5111 (relating to dealing in proceeds of
9unlawful activities)

10Section 5512 (relating to lotteries, etc.)

11Section 5513 (relating to gambling devices,
12gambling, etc.)

13Section 5514 (relating to pool selling and
14bookmaking)

15Chapter 59 (relating to public indecency).

16* * *

17An act which otherwise would be considered racketeering
18activity by reason of the application of this paragraph,
19shall not be excluded from its application solely because the
20operative acts took place outside the jurisdiction of this
21Commonwealth, if such acts would have been in violation of
22the law of the jurisdiction in which they occurred.

23* * *

24Section 2. The heading of Chapter 30 and sections 3001,
253002, 3003 and 3004 of Title 18 are repealed:

26[CHAPTER 30

27TRAFFICKING OF PERSONS

28§ 3001. Definitions.

29The following words and phrases when used in this chapter
30shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Criminal coercion." The term includes conduct defined as
3criminal coercion by section 2906 (relating to criminal
4coercion).

5"Forced labor or services." Labor or services that are
6performed or provided by another person which are obtained or
7maintained when a person:

8(1) attempts to cause, causes or by threat of physical
9menace puts another person in fear of bodily injury;

10(2) physically restrains or threatens to physically
11restrain another person unlawfully;

12(3) abuses or threatens to abuse the law or legal
13process;

14(4) possesses except as required by Federal immigration
15law or regulation, destroys, conceals, removes or confiscates
16any actual or purported passport or other immigration
17document of another person, or any other actual or purported
18government identification document of another person; or

19(5) engages in criminal coercion of another person.

20"Traffics." Recruits, entices, harbors, transports or
21provides or obtains by any means.

22§ 3002. Trafficking of persons.

23(a) Offense defined.--A person commits an offense if the
24person knowingly traffics or knowingly attempts to traffic
25another person, knowing that the other person will be subjected
26to forced labor or services.

27(b) Grading.--An offense under subsection (a) shall be
28graded a felony of the second degree unless the other person
29suffers bodily injury or the other person is an individual under
3018 years of age, in which case it shall be graded as a felony of

1the first degree.

2§ 3003. Restitution for offenses.

3(a) General rule.--A person convicted of an offense under
4this chapter shall, in addition to any other remedy deemed
5appropriate by the court, be sentenced to pay the victim
6restitution, including the greater of:

7(1) the gross income or value to the person to whom the
8labor or services were performed by the victim; or

9(2) the value of the victim's labor based on the minimum
10wage of this Commonwealth.

11(b) Private remedies.--Nothing in this section shall be
12construed to preclude any other remedy at law or in equity.

13§ 3004. Forfeiture.

14(a) General rule.--The following shall be subject to
15forfeitures to the Commonwealth, and no property right shall
16exist in them:

17(1) All assets, foreign or domestic:

18(i) Of an individual, entity or organization engaged
19in planning or perpetrating an act in this Commonwealth
20which violates section 3002 (relating to trafficking of
21persons) and all assets, foreign or domestic, affording a
22person a source of influence over such individual, entity
23or organization.

24(ii) Acquired or maintained by a person with the
25intent and for the purpose of supporting, planning,
26conducting or concealing an act in this Commonwealth
27which violates section 3002.

28(iii) Derived from, involved in or used or intended
29to be used to commit an act in this Commonwealth which
30violates section 3002.

1(2) All assets within this Commonwealth:

2(i) Of an individual, entity or organization engaged
3in planning or perpetrating an act which violates section
43002.

5(ii) Acquired or maintained with the intent and for
6the purpose of supporting, planning, conducting or
7concealing an act which violates section 3002.

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

10(b) Process and seizures.--Property subject to forfeiture
11under this section may be seized by the law enforcement
12authority upon process issued by any court of common pleas
13having jurisdiction over the property.

14(c) Custody of property.--

15(1) Property taken or detained under this section shall
16not be subject to replevin but is deemed to be in the custody
17of the law enforcement authority subject only to the orders
18and decrees of the court of common pleas having jurisdiction
19over the forfeiture proceedings and of the district attorney.

20(2) When property is seized under this section, the law
21enforcement authority shall place the property under seal and
22either:

23(i) remove the property to a place designated by it;
24or

25(ii) require that the district attorney take custody
26of the property and remove it to an appropriate location
27for disposition in accordance with law.

28(d) Transfer of property.--Whenever property is forfeited
29under this section, the property shall be transferred to the
30custody of the district attorney. The district attorney, where

1appropriate, may retain the property for official use or sell
2the property, but the proceeds from any such sale shall be used
3to pay all proper expenses of the proceedings for forfeiture and
4sale, including expenses of seizure, maintenance of custody,
5advertising and court costs. The balance of the proceeds shall
6be used for the enforcement of the criminal laws of
7Pennsylvania.

8(e) Proceedings and petition.--The proceedings for the
9forfeiture or condemnation of property, the retention or sale of
10which is provided for in this section, shall be in rem, in which
11the Commonwealth shall be the plaintiff and the property the
12defendant. A petition shall be filed in the court of common
13pleas of the judicial district where the property is located,
14verified by oath or affirmation of an officer or citizen,
15containing the following:

16(1) A description of the property seized.

17(2) A statement of the time and place where seized.

18(3) The owner, if known.

19(4) The person or persons in possession, if known.

20(5) An allegation that the property is subject to
21forfeiture pursuant to this section and an averment of
22material facts upon which forfeiture action is based.

23(6) A prayer for an order of forfeiture that the
24property be adjudged forfeited to the Commonwealth and
25condemned unless cause be shown to the contrary.

26(f) Service.--A copy of the petition required under
27subsection (e) shall be served personally or by certified mail
28on the owner or the person or persons in possession at the time
29of the seizure. The copy shall have endorsed a notice as
30follows:

1To the claimant of within described property:

2You are required to file an answer to this petition,
3setting forth your title in and right to possession of the
4property within 30 days from the service of this notice. You
5are also notified that, if you fail to file the answer, a
6decree of forfeiture and condemnation will be entered against
7the property.

8The notice shall be signed by the district attorney, deputy
9district attorney or assistant district attorney.

10(g) Notice.--

11(1) If the owner of the property is unknown or there was
12no person in possession of the property when seized or if the
13owner or such person or persons in possession at the time of
14the seizure cannot be personally served or located within the
15jurisdiction of the court, notice of the petition shall be
16given by the Commonwealth through an advertisement in only
17one newspaper of general circulation published in the county
18where the property shall have been seized, once a week for
19two successive weeks. No other advertisement of any sort
20shall be necessary, any other law to the contrary
21notwithstanding.

22(2) The notice shall contain a statement of the seizure
23of the property with a description of the property and the
24place and date of seizure and shall direct any claimants to
25the property to file a claim on or before a date given in the
26notice, which date shall not be less than 30 days from the
27date of the first publication.

28(3) If no claims are filed within 30 days of
29publication, the property shall summarily forfeit to the
30Commonwealth.

1(h) Unknown owner.--For purposes of this section, the owner
2or other such person cannot be found in the jurisdiction of the
3court if:

4(1) a copy of the petition is mailed to the last known
5address by certified mail and is returned without delivery;

6(2) personal service is attempted once but cannot be
7made at the last known address; and

8(3) a copy of the petition is left at the last known
9address.

10(i) Waiver of notice.--The notice provisions of this section
11are automatically waived if the owner, without good cause, fails
12to appear in court in response to a subpoena on the underlying
13criminal charges. Forty-five days after such a failure to
14appear, if good cause has not been demonstrated, the property
15shall summarily forfeit to the Commonwealth.

16(j) Hearing date.--Upon the filing of a claim for the
17property setting forth a right of possession, the case shall be
18deemed at issue, and a date and time shall be fixed for the
19hearing.

20(k) Burden of proof.--At the hearing, if the Commonwealth
21produces evidence that the property in question was unlawfully
22used, possessed or otherwise subject to forfeiture under this
23section, the burden shall be upon the claimant to show by a
24preponderance of the evidence:

25(1) That the claimant is the owner of the property or
26the holder of a chattel mortgage or contract of conditional
27sale thereon.

28(2) That the claimant lawfully acquired the property.

29(3) That the property was not unlawfully used or
30possessed by the claimant. If it appears that the property

1was unlawfully used or possessed by a person other than the
2claimant, then the claimant shall show that the unlawful use
3or possession was without his knowledge or consent. Such
4absence of knowledge or consent must be reasonable under the
5circumstances presented.

6(l) Claims of ownership.--If a person claiming the ownership
7of or right of possession to or claiming to be the holder of a
8chattel mortgage or contract of conditional sale upon the
9property, the disposition of which is provided for in this
10section, prior to the sale presents a petition to the court
11alleging lawful ownership, right of possession, a lien or
12reservation of title to the property and if, on public hearing,
13due notice of which having been given to the district attorney,
14the claimant shall prove by a preponderance of the evidence that
15the property was lawfully acquired, possessed and used by him
16or, it appearing that the property was unlawfully used by a
17person other than the claimant, that the unlawful use was
18without the claimant's knowledge or consent, then the court may
19order the property returned or delivered to the claimant. Such
20absence of knowledge or consent must be reasonable under the
21circumstances presented. Otherwise, it shall be retained for
22official use or sold in accordance with this section.]

23Section 3. Title 18 is amended by adding a chapter to read:

24CHAPTER 30

25HUMAN TRAFFICKING

26Subchapter

27A. General Provisions

28B. Prosecution of Human Trafficking

29C. Prevention of Human Trafficking

30D. Protection of Victims of Human Trafficking

1E. Miscellaneous Provisions

2SUBCHAPTER A

3GENERAL PROVISIONS

4Sec.

53001. Definitions.

6§ 3001. Definitions.

7The following words and phrases when used in this chapter
8shall have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10"Commission." The Pennsylvania Commission on Crime and
11Delinquency.

12"Debt coercion." Exploitation of the status or condition of
13a debtor arising from a pledge by the debtor of the personal
14services of the debtor or an individual under the debtor's
15control as a security or payment for debt, if any of the
16following apply:

17(1) The value of those services as reasonably assessed
18is not applied toward the liquidation of the debt.

19(2) The length and nature of those services are not
20respectively limited and defined.

21(3) The principal amount of the debt does not reasonably
22reflect the value of the items or services for which the debt
23was incurred.

24(4) The debtor is coerced to perform sex acts as payment
25for the debt.

26(5) The creditor controls and determines the movement,
27housing and services performed by the debtor until repayment
28of the debt.

29"Extortion." As defined in section 3923 (relating to theft
30by extortion).

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

2(1) A violation of the act of March 30, 1859 (P.L.318,
3No.318) entitled "An act for the better securing the Payment
4of the Wages of Labor in certain counties of this
5Commonwealth."

6(2) A violation of the act of May 23, 1887 (P.L.181,
7No.122) entitled "An act to regulate the employment of
8labor."

9(3) A criminal violation of the act of January 30, 1974
10(P.L.13, No.6), referred to as the Loan Interest and
11Protection Law (Usury Law).

12(4) A violation of Chapter 2 of the act of June 23, 1978
13(P.L.537, No.93), known as the Seasonal Farm Labor Act.

14(5) A violation of any other law of this Commonwealth
15governing the payment of wages for labor or services.

16"Human trafficking." Any activity in violation of section
173011 (relating to trafficking in individuals) either alone or in
18conjunction with an activity in violation of section 3012
19(relating to involuntary servitude).

20"Involuntary servitude." Labor servitude or sexual
21servitude.

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

23"Labor servitude." Labor which is performed or provided by
24another individual and is induced or obtained by any of the
25means set forth in section 3012(b) (relating to involuntary
26servitude).

27"Minor." An individual who is less than 18 years of age.

28"Record." Information, regardless of physical form or
29characteristics, that documents a transaction or activity and
30that is created, received or retained under law or in connection

1with a transaction, business or activity. The term includes any
2of the following:

3(1) A document, paper, letter, map, book, tape,
4photograph, film or sound recording.

5(2) Information stored or maintained electronically.

6(3) A data-processed or image-processed document.

7"Serious harm." Any harm, whether physical or nonphysical
8that is sufficiently serious, under all the surrounding
9circumstances, to compel a reasonable person of the same
10background and in the same circumstances as the victim of human
11trafficking to perform or to continue performing labor or a
12service, a commercial sex act or a performance involving sex
13acts in order to avoid incurring that harm.

14"Service." Any act committed at the behest of, under the
15supervision of or for the benefit of another.

16"Sex act." Any touching or exposure of the sexual or other
17intimate parts of any individual for the purpose of gratifying
18sexual desire of any individual.

19"Sexual servitude." Any sex act or performance involving a
20sex act for which anything of value is directly or indirectly
21given, promised to or received by any individual or which is
22performed or provided by any individual, and is induced or
23obtained from:

24(1) A minor.

25(2) Any other individual by any of the means set forth
26in section 3012(b) (relating to involuntary servitude).

27"Victim of human trafficking" or "victim." An individual who
28has been subjected to human trafficking.

29SUBCHAPTER B

30PROSECUTION OF HUMAN TRAFFICKING

1Sec.

23011. Trafficking in individuals.

33012. Involuntary servitude.

43013. Patronizing a victim of sexual servitude.

53014. Unlawful conduct regarding documents.

63015. Nonpayment of wages.

73016. Obstruction of justice.

83017. Violation by business entities.

93018. Evidence and defenses to human trafficking.

103019. Victim protection during prosecution.

113020. Restitution.

123021. Asset forfeiture.

133022. Professional licenses.

143023. Cumulative remedies.

153024. Sentencing.

163025. Data collection.

17§ 3011. Trafficking in individuals.

18(a) Offense defined.--A person commits a felony of the
19second degree if the person:

20(1) recruits, entices, solicits, harbors, transports,
21provides, obtains or maintains an individual if the person
22knows or recklessly disregards that the individual will be
23subject to involuntary servitude; or

24(2) knowingly benefits financially or receives anything
25of value from any act that facilitates any activity described
26in paragraph (1).

27(b) Trafficking in minors.--A person commits a felony of the
28first degree if the person engages in any activity listed in
29subsection (a) that results in a minor's being subjected to
30sexual servitude.

1§ 3012. Involuntary servitude.

2(a) Offense defined.--A person commits a felony of the first
3degree if the person knowingly, through any of the means
4described in subsection (b), subjects an individual to labor
5servitude or sexual servitude, except where the conduct is
6permissible under Federal or State law other than this chapter.

7(b) Means of subjecting an individual to involuntary
8servitude.--A person may subject an individual to involuntary
9servitude through any of the following means:

10(1) Causing or threatening to cause serious harm to any
11individual.

12(2) Physically restraining or threatening to physically
13restrain another individual.

14(3) Kidnapping or attempting to kidnap any individual.

15(4) Abusing or threatening to abuse the legal process.

16(5) Taking or retaining the individual's personal
17property or real property as a means of coercion.

18(6) Engaging in unlawful conduct with respect to
19documents, as defined in section 3014 (relating to unlawful
20conduct regarding documents).

21(7) Extortion.

22(8) Fraud.

23(9) Criminal coercion, as defined in section 2906
24(relating to criminal coercion).

25(10) Duress, through the use of or threat to use
26unlawful force against the person or another.

27(11) Debt coercion.

28(12) Facilitating or controlling the individual's access
29to a controlled substance.

30(13) Using any scheme, plan or pattern intended to cause

1the individual to believe that, if the individual does not
2perform the labor, services, acts or performances, that
3individual or another individual will suffer serious harm or
4physical restraint.

5§ 3013. Patronizing a victim of sexual servitude.

6(a) Offense defined.--A person commits a felony of the
7second degree if the person engages in any sex act or
8performance with another individual knowing that the act or
9performance is the result of the individual being a victim of
10human trafficking.

11(b) Investigation.--An individual arrested for a violation
12of section 5902(e) (relating to prostitution and related
13offenses) may be formally detained and questioned by law
14enforcement personnel to determine if the individual engaged in
15any sex act or performance with the alleged prostitute knowing
16that the individual is a victim of human trafficking.

17(c) Fine.--A person whose violation of this subsection
18results in a judicial disposition other than acquittal or
19dismissal shall also pay a fine of $500 to the court, to be
20distributed to the commission to fund the grant program
21established under section 3031 (relating to grants).

22§ 3014. Unlawful conduct regarding documents.

23A person commits a felony of the third degree if, to prevent
24or restrict or attempt to prevent or restrict, without lawful
25authority, the ability of an individual to move or travel, the
26person knowingly destroys, conceals, removes, confiscates or
27possesses an actual or purported:

28(1) passport or other immigration document of an
29individual; or

30(2) government identification document of an individual.

1§ 3015. Nonpayment of wages.

2(a) Offense defined.--A person who, in connection with, as a
3part of or in addition to engaging in human trafficking,
4willfully or with intent to defraud, fails or refuses to pay
5wages for or otherwise causes financial harm to an individual in
6connection with labor services rendered commits:

7(1) A misdemeanor of the third degree if the amount owed
8to the individual is less than $2,000.

9(2) A felony of the third degree, if:

10(i) the amount owed to the individual is equal to or
11greater than $2,000;

12(ii) the failure or refusal constitutes a second or
13subsequent violation of this section; or

14(iii) the person falsely denies the amount due or
15the validity of the debt.

16(b) Offenses cumulative.--A person commits a separate
17offense under this section for each calendar month during which
18the individual earned wages that the person failed to pay or was
19otherwise financially harmed.

20§ 3016. Obstruction of justice.

21A person who commits a violation of Subchapter B of Chapter
2249 (relating to victim and witness intimidation) or Chapter 51
23(relating to obstructing governmental operations) that in any
24way interferes with or prevents the enforcement of this chapter
25shall be subject to the same penalties that may be imposed for
26the offense for which the person has been charged under this
27chapter.

28§ 3017. Violation by business entities.

29(a) Penalty.--Any business entity, including a corporation
30or unincorporated association, limited liability partnership or

1company or other legal entity that knowingly aids or
2participates in any violation of this chapter, shall be subject
3to any of the following penalties:

4(1) A fine of not more than $1,000,000.

5(2) Revocation of the business entity's:

6(i) charter, if it is organized under the laws of
7this Commonwealth; or

8(ii) certificate of authority to do business in this
9Commonwealth, if the business entity is not organized
10under the laws of this Commonwealth.

11(3) Other relief as the court deems equitable, including
12forfeiture of assets or restitution as provided in this
13chapter.

14(b) Disposition of fines.--Fines imposed under this section
15shall be deposited as provided in section 3031 (relating to 
16grants).

17§ 3018. Evidence and defenses to human trafficking.

18(a) General rule.--Evidence of the following facts or
19conditions shall not constitute a defense in a prosecution for a
20violation under this chapter, nor shall the evidence preclude a
21finding of a violation under this chapter:

22(1) Specific instances of past sexual conduct of the
23victim of human trafficking, opinion evidence of the alleged
24victim's past sexual conduct and reputation evidence of the
25alleged victim's past sexual conduct shall not be admissible
26in a prosecution under this chapter, except evidence of the
27alleged victim's past sexual conduct with the defendant shall
28be admissible where consent of the alleged victim is at issue
29and the evidence is otherwise admissible under the rules of
30evidence. A defendant who proposes to offer evidence of the

1alleged victim's past sexual conduct under this paragraph
2shall file a written motion and offer of proof at the time of
3trial. If, at the time of trial, the court determines that
4the motion and offer of proof are sufficient on their faces,
5the court shall order an in camera hearing and shall make
6findings on the record as to the relevance and admissibility
7of the proposed evidence under the standards of this
8paragraph.

9(2) The age of the victim of human trafficking with
10respect to the age of consent to sex or legal age of
11marriage.

12(b) Victim's consent to employment contract in labor
13servitude.--The consent of the victim of human trafficking to an
14employment contract, notwithstanding if there was not fraud
15involved in the contract's formation, shall not be a defense to
16labor trafficking if force or coercion as described in section
173012(b) (relating to involuntary servitude) were involved in the
18making of the contract.

19(c) Victim's age in sexual servitude.--Except as provided in
20section 3102 (relating to mistake as to age), evidence of a
21defendant's lack of knowledge of a person's age, or a reasonable
22mistake of age, is not a defense for a violation of this chapter
23involving the sexual servitude of a minor.

24§ 3019. Victim protection during prosecution.

25(a) Disclosure of name of victim of human trafficking.--
26Notwithstanding any other provision of law to the contrary,
27unless the court otherwise orders in a prosecution involving a
28victim of human trafficking, an officer or employee of the court
29may not disclose the identity of the victim of human trafficking
30to the public. Any record revealing the name of the victim of

1human trafficking shall not be open to public inspection.

2(b) Affirmative defense.--An individual who is charged with
3any violation under section 5902 (relating to prostitution and
4related offenses) may offer the defense at trial that he engaged
5in the conduct charged because he was compelled to do so by
6coercion or the use of, or a threat to use, unlawful force
7against his person or the person of another, which a person of
8reasonable firmness in his situation would have been unable to
9resist.

10(c) Diversionary program.--An individual who is charged with
11violating a trespassing, loitering, obstruction of highway,
12disorderly conduct or simple possession of a controlled
13substance statute as a direct result of being a victim of human
14trafficking, where the violation is his first offense, shall be
15given first consideration for a pretrial diversionary program by
16the judicial authority with jurisdiction over the violations. If
17the individual successfully completes the diversionary program,
18the court shall order that individual's records of the charge of
19violating the statute shall be expunged as provided for under
20section 9122 (relating to expungement).

21(d) Motion to vacate conviction.--

22(1) An individual convicted under section 3503 (relating
23to criminal trespass), 5503 (relating to disorderly conduct),
245506 (relating to loitering and prowling at night time), 5507
25(relating to obstructing highways and other public passages)
26or 5902, or an offense for simple possession of a controlled
27substance committed as a direct result of being a victim of
28human trafficking may file a motion to vacate the conviction.

29(2) In order to be considered, a motion under this
30subsection must:

1(i) Be in writing.

2(ii) Be consented to by the attorney for the
3Commonwealth.

4(iii) Describe the supporting evidence with
5particularity.

6(iv) Include copies of any documents showing that
7the moving party is entitled to relief under this
8section.

9(e) Official documentation.--No official determination or
10documentation is required to grant a motion under this section,
11but official documentation from a Federal, State or local
12government agency indicating that the defendant was a victim at
13the time of the offense creates a presumption that the
14defendant's participation in the offense was a direct result of
15being a victim.

16(f) Grant of motion.--The court shall grant the motion if it
17finds that:

18(1) The moving party was convicted of an offense
19described in subsection (d)(1).

20(2) The conviction was obtained as a result of the
21moving party's having been a victim of human trafficking.

22(g) Conviction vacated.--If the motion under subsection (d)
23is granted, the court shall vacate the conviction, strike the
24adjudication of guilt and order the expungement of the record of
25the criminal proceedings. The court shall issue an order to
26expunge all records and files related to the moving party's
27arrest, citation, investigation, charge, adjudication of guilt,
28criminal proceedings and probation for the offense.

29§ 3020. Restitution.

30In addition to the provisions of section 1106 (relating to

1restitution for injuries to person or property), the following
2shall apply:

3(1) A person who violates this chapter shall be
4ineligible to receive restitution.

5(2) The following items may be included in an order of
6restitution:

7(i) For the period during which the victim of human
8trafficking was engaged in involuntary servitude, the
9greater of the following:

10(A) The value of the victim's time during the
11period of involuntary servitude as guaranteed under
12the minimum wage and overtime provisions of the laws
13of this Commonwealth.

14(B) The gross income or value to the defendant
15of the services of the victim.

16(C) The amount the victim was promised or the
17amount an individual in the position of the victim
18would have reasonably expected to earn. This clause
19shall not apply to the amount an individual would
20have reasonably expected to earn in an illegal
21activity.

22(ii) The return of property of the victim of human
23trafficking, cost of damage to the property or the
24replacement value of the property if taken, destroyed or
25damaged beyond repair as a result of human trafficking.

26(3) Collection and distribution of restitution payments
27shall be governed by the provisions of 42 Pa.C.S. §§ 9728
28(relating to collection of restitution, reparation, fees,
29costs, fines and penalties), 9730 (relating to payment of
30court costs, restitution and fines) and 9730.1 (relating to

1collection of court costs, restitution and fines by private
2collection agency).

3§ 3021. Asset forfeiture.

4(a) General rule.--The following shall be subject to
5forfeiture to this Commonwealth, and no property right shall
6exist in them:

7(1) All assets, foreign or domestic:

8(i) Of an individual, entity or organization engaged
9in planning or perpetrating an act in this Commonwealth
10which violates section 3011 (relating to trafficking in
11individuals) or 3012 (relating to involuntary servitude).

12(ii) Affording a person a source of influence over
13the individual, entity or organization under subparagraph
14(i).

15(iii) Acquired or maintained by a person with the
16intent and for the purpose of supporting, planning,
17conducting or concealing an act in this Commonwealth
18which violates section 3011 or 3012.

19(iv) Derived from, involved in or used or intended
20to be used to commit an act in this Commonwealth which
21violates section 3011 or 3012.

22(2) All assets within this Commonwealth:

23(i) Of an individual, entity or organization engaged
24in planning or perpetrating an act which violates section
253011 or 3012.

26(ii) Acquired or maintained with the intent and for
27the purpose of supporting, planning, conducting or
28concealing an act which violates section 3011 or 3012.

29(iii) Derived from, involved in or used or intended
30to be used to commit an act which violates section 3011

1or 3012.

2(b) Process and seizures.--

3(1) Property subject to forfeiture under this section
4may be seized by a law enforcement agency upon process issued
5by any court of common pleas having jurisdiction over the
6property.

7(2) Seizure without process may be made if:

8(i)  the seizure is incident to an arrest or a search
9under a search warrant or inspection under an
10administrative inspection warrant;

11(ii) the property subject to seizure has been the
12subject of a prior judgment in favor of the Commonwealth
13in a criminal injunction or forfeiture proceeding under
14this chapter;

15(iii) there is probable cause to believe that the
16property is dangerous to health or safety; or

17(iv) there is probable cause to believe that the
18property has been used or is intended to be used in
19violation of this chapter.

20(3) In the event that seizure without process occurs as
21provided for in paragraph (2), proceedings for the issuance
22of process shall be instituted promptly.

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 agency, the district attorney or the
27Attorney General subject only to the orders and decrees of
28the court of common pleas having jurisdiction over the
29forfeiture proceedings.

30(2) When property is seized under this section, the law

1enforcement agency shall place the property under seal and
2either:

3(i) remove the property to a place designated by it;
4or

5(ii) require that the district attorney take custody
6of the property and remove it to an appropriate location
7for disposition in accordance with law.

8(d) Transfer of property.--If property is forfeited under
9this section, the property shall be transferred to the custody
10of the district attorney if the law enforcement authority
11seizing the property has county or local jurisdiction, or the
12Attorney General if the law enforcement authority seizing the
13property has Statewide jurisdiction. The Attorney General or
14district attorney, where appropriate, may sell the property. The
15proceeds from a sale shall first be used to pay all proper
16expenses of the proceedings for forfeiture and sale, including
17expenses of seizure, maintenance of custody, advertising and
18court costs. The balance of the proceeds shall be distributed
19under subsection (m).

20(e) Proceedings and petition.--

21(1) The proceedings for the forfeiture or condemnation
22of property shall be in rem, in which the Commonwealth shall
23be the plaintiff and the property the defendant.

24(2) A petition shall:

25(i) be filed in the court of common pleas of the
26judicial district where the property is located;

27(ii) be verified by oath or affirmation of an
28officer or citizen; and

29(iii) contain the following:

30(A) A description of the property seized.

1(B) A statement of the time and place where
2seized.

3(C) The owner, if known.

4(D) The person or persons in possession, if
5known.

6(E) An allegation that the property is subject
7to forfeiture under this section and an averment of
8material facts upon which forfeiture action is based.

9(F) A prayer for an order of forfeiture that the
10property be adjudged forfeited to the Commonwealth
11and condemned unless cause to the contrary is shown.

12(f) Service.--

13(1) A copy of the petition required under subsection (e)
14shall be served personally or by certified mail on the owner
15or the person or persons in possession at the time of the
16seizure.

17(2) The copy shall have endorsed a notice as follows:

18To the claimant of the within described property:

19You are required to file an answer to this petition,
20setting forth your title in and right to possession
21of the property within 30 days from the service of
22this notice. You are also notified that, if you fail
23to file the answer, a decree of forfeiture and
24condemnation will be entered against the property.

25(3) The notice shall be signed by the district attorney,
26deputy district attorney or assistant district attorney or
27the Attorney General or a deputy attorney general.

28(g) Notice.--

29(1) Notice of the petition shall be given by the
30Commonwealth through an advertisement in only one newspaper

1of general circulation published in the county where the
2property shall have been seized, once a week for two
3successive weeks if:

4(i) the owner of the property is unknown;

5(ii) there was no person in possession of the
6property when seized;

7(iii) the owner or the person or persons in
8possession at the time of the seizure cannot be
9personally served or located within the jurisdiction of
10the court.

11(2) Notwithstanding any other law to the contrary, no
12advertisement shall be required.

13(3) The notice shall:

14(i) contain a statement of the seizure of the
15property, a description of the property and the place and
16date of seizure; and

17(ii) direct any claimants to the property to file a
18claim on or before a date given in the notice, which date
19shall not be less than 30 days from the date of the first
20publication.

21(4) If no claims are filed within 30 days of
22publication, the property shall summarily forfeit to the
23Commonwealth.

24(h) Unknown owner.--For purposes of this section, the owner
25or other person cannot be found in the jurisdiction of the court
26if:

27(1) A copy of the petition is mailed to the last known
28address by certified mail and is returned without delivery.

29(2) Personal service is attempted once but cannot be
30made at the last known address.

1(3) A copy of the petition is left at the last known
2address.

3(i) Waiver of notice.--The notice provisions of this section
4are automatically waived if the owner, without good cause, fails
5to appear in court in response to a subpoena on the underlying
6criminal charges. If good cause has not been demonstrated and 45
7days have passed since the owner failed to appear, the property
8shall summarily forfeit to the Commonwealth.

9(j) Hearing date.--Upon the filing of a claim for the
10property setting forth a right of possession, the case shall be
11deemed at issue and a date and time shall be fixed for the
12hearing.

13(k) Burden of proof.--If the Commonwealth produces evidence
14at the hearing under this section that the property in question
15was unlawfully used, possessed or otherwise subject to
16forfeiture under this section, the burden shall be upon the
17claimant to show by a preponderance of the evidence that:

18(1) the claimant is the owner of the property or the
19holder of a chattel mortgage or contract of conditional sale
20thereon;

21(2) the claimant lawfully acquired the property; and

22(3) the property was not unlawfully used or possessed by
23the claimant. If it appears that the property was unlawfully
24used or possessed by a person other than the claimant, the
25claimant shall show that the unlawful use or possession was
26without his knowledge or consent. The absence of knowledge or
27consent must be reasonable under the circumstances presented.

28(l) Claims of ownership.--

29(1) A person may file a petition or answer the
30Commonwealth's petition alleging:

1(i) Ownership of the property.

2(ii) A right of possession to the property.

3(iii) A lien or reservation of title to the property
4as the holder of:

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

6(B) a contract of conditional sale upon the
7property.

8(2) A public hearing shall be held, with due notice
9given to the district attorney or Attorney General.

10(3) The court may order the property returned or
11delivered to the claimant upon proof by a preponderance of
12the evidence by the claimant that:

13(i) the property was lawfully acquired, possessed
14and used by the claimant; or

15(ii) if it appears that the property was unlawfully
16used by a person other than the claimant, the unlawful
17use was without the claimant's knowledge or consent. The
18absence of knowledge or consent must be reasonable under
19the circumstances presented.

20(m) Disposition of proceeds.--Subject to subsection (d), all
21moneys forfeited and the proceeds from the sale of all property
22forfeited and seized under this section shall be paid as
23follows:

24(1) Any law enforcement agency shall be reimbursed if it
25has used its own funds in the detection, investigation,
26apprehension and prosecution of persons for violation of
27sections 3011 and 3012.

28(2) Any amount remaining after reimbursement under
29paragraph (1) shall be distributed under the following
30formula:

1(i) Thirty percent to the office of the prosecuting
2attorney to be used to investigate and prosecute human
3trafficking cases.

4(ii) Seventy percent to the commission, one-half of
5which shall be used to fund the grant programs
6established under section 3031 (relating to grants) and
7one-half to be used by the Office of Victims' Services
8within the commission to provide services to victims of
9human trafficking in the manner set forth in Chapter 9 of
10the act of November 24, 1998 (P.L.882, No.111), known as
11the Crime Victims Act.

12(n) Assets located outside United States.--Assets of persons
13convicted of violations of sections 3011 and 3012 that are
14located outside the United States shall also be subject to
15forfeiture to the extent they can be retrieved by the
16Commonwealth.

17§ 3022. Professional licenses.

18(a) Suspension of professional license.--The professional
19license of a licensee who in the course of a violation of this
20chapter knowingly employs or permits the employment of a victim
21of human trafficking shall be suspended for a minimum period of
22one year.

23(b) Administrative procedure.--A suspension under subsection
24(a) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
25practice and procedure of Commonwealth agencies) and Ch. 7
26Subch. A (relating to judicial review of Commonwealth agency
27action).

28(c) Definition.--As used in this section, "licensee" shall 
29mean an individual, corporation, partnership, limited liability
30company or other legal entity that holds a license issued by an

1administrative board or commission under the Bureau of
2Professional and Occupational Affairs in the Department of
3State.

4§ 3023. Cumulative remedies.

5Any remedies under this chapter shall be in addition to any
6other criminal penalties or forfeitures authorized under the
7laws of this Commonwealth.

8§ 3024. Sentencing.

9The Pennsylvania Commission on Sentencing, in accordance with
1042 Pa.C.S. § 2154 (relating to adoption of guidelines for
11sentencing), shall provide for sentencing enhancements for
12courts to consider in cases involving trafficking in individuals
13and involuntary servitude.

14§ 3025. Data collection.

15The Pennsylvania Commission on Sentencing established in 42
16Pa.C.S. § 2151.2 (relating to commission) shall collect data and
17other relevant information on sentences imposed under this
18subchapter.

19SUBCHAPTER C

20PREVENTION OF HUMAN TRAFFICKING

21Sec.

223031. Grants.

233032. (Reserved).

24§ 3031. Grants.

25Subject to the availability of funds, the commission shall
26make grants to State agencies, units of local government and
27nongovernmental organizations to:

28(1) Develop, expand or strengthen programs for victims
29of human trafficking. Such programs may include:

30(i) Health services, including mental health

1services.

2(ii) Temporary and permanent housing placement.

3(iii) Legal and immigration services.

4(iv) Employment placement, education and training.

5(2) Ensure prevention of human trafficking, including
6increasing public awareness.

7(3) Ensure protection of victims of human trafficking,
8including training of first responders.

9§ 3032. (Reserved).

10SUBCHAPTER D

11PROTECTION OF VICTIMS OF

12HUMAN TRAFFICKING

13Sec.

143051. Civil causes of action.

153052. Protection of victims.

163053. Appropriate implementation for minor victims of human
17trafficking.

183054. Services.

193055. Victims in shelters.

20§ 3051. Civil causes of action.

21(a) General rule.--

22(1) An individual who is a victim of human trafficking
23may bring a civil action against any person that participated
24in the human trafficking of the individual in the court of
25common pleas of the county where the individual resides or
26where any of the alleged violations of this chapter occurred.

27(2) An individual who is a victim of the sex trade may
28bring a civil action in the court of common pleas of the
29county where the individual resides against a person that:

30(i) recruits, profits from or maintains the victim

1in any sex trade act;

2(ii) abuses or causes bodily harm to the victim in
3any sex trade act; and

4(iii) knowingly advertises or publishes
5advertisements for purposes of recruitment into sex trade
6activity.

7(b) Exception.--This section shall not be construed to
8create liability for any person who provides goods or services
9to the general public and to a person who would be liable under
10subsection (a)(2), absent a showing that the person:

11(1) knowingly markets or provides its goods or services
12to a person liable under subsection (a)(2);

13(2) knowingly receives a higher level of compensation
14from a person liable under subsection (a)(2); or

15(3) supervises or exercises control over a person liable
16under subsection (a)(2).

17(c) Damages.--The court may award any of the following forms
18of relief:

19(1) Actual damages.

20(2) Compensatory damages.

21(3) Punitive damages.

22(4) Injunctive relief.

23(5) Any other appropriate relief.

24(d) Attorney fees and costs.--A prevailing plaintiff who is
25a victim of human trafficking shall be awarded reasonable
26attorney fees and costs.

27(e) Treble damages.--Treble damages shall be awarded to a
28victim of human trafficking on proof of actual damages where the
29defendant's acts were willful and malicious.

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

1(1) Two or more individuals may join in one action under
2this section as plaintiffs if their respective actions
3involve at least one defendant in common.

4(2) Two or more persons may be joined in one action
5under this section as defendants if those persons may be
6liable to at least one plaintiff in common.

7(g) Attempts at avoidance of liability.--No person may avoid
8liability under this section by:

9(1) a conveyance of any right, title or interest in real
10property; or

11(2) an agreement, including an indemnification agreement
12or hold harmless agreement, that purports to show the consent
13of the victim of human trafficking.

14(h) Statute of limitations.--

15(1) An action may be brought under this section by an
16individual who was the victim of human trafficking while an
17adult within five years of the last act against that 
18individual that constitutes an offense under this chapter.

19(2) An action may be brought under this section by an 
20individual who was a victim of human trafficking while a 
21minor for any offense committed against the victim while the 
22victim was under 18 years of age until that victim reaches 30 
23years of age.

24(i) Estoppel.--A defendant is estopped from asserting a
25defense of the statute of limitations when the expiration of the
26statute is due to intentional conduct by the defendant knowingly
27inducing or coercing the plaintiff to delay the filing of the
28action.

29(j) Nondefenses.--It shall not be a defense to an action
30under this section that the following occurred:

1(1) The victim of the sex trade and the defendant had a
2consensual sexual relationship.

3(2) The defendant is related to the victim of the sex
4trade by blood or marriage.

5(3) The defendant has lived with the victim of the sex
6trade in any formal or informal household arrangement.

7(4) The victim of the sex trade was paid or otherwise
8compensated for sex trade activity.

9(5) The victim of the sex trade engaged in sex trade
10activity prior to any involvement with the defendant.

11(6) The victim of the sex trade continued to engage in
12sex trade activity following any involvement with the
13defendant.

14(7) The victim of the sex trade made no attempt to
15escape, flee or otherwise terminate the contact with the
16defendant.

17(8) The victim of the sex trade consented to engage in
18sex trade activity.

19(9) The victim of the sex trade engaged in only a single
20incident of sex trade activity.

21(10) There was no physical contact involved in the sex
22trade activity.

23(11) As a condition of employment, the defendant
24required the victim of the sex trade to agree not to engage
25in prostitution.

26(12) The defendant's place of business was posted with
27signs prohibiting prostitution or prostitution-related
28activities.

29(13) The victim of the sex trade has been convicted or
30charged with prostitution or prostitution-related offenses.

1(14) The victim of labor trafficking made no attempt to
2escape, flee or otherwise terminate the contact with the
3defendant.

4(k) Definitions.--The following words and phrases when used
5in this section shall have the meanings given to them in this
6subsection unless the context clearly indicates otherwise:

7"Sex trade." An act, which if proven beyond a reasonable
8doubt, could support a conviction for violation or attempted
9violation of chapter 59 (relating to public indecency) or
10section 6312 (relating to sexual abuse of children).

11"Victim of the sex trade." An individual who has:

12(1) been the object of a solicitation for prostitution;

13(2) been the object of a transaction in a sex act;

14(3) been intended or compelled to engage in an act of
15prostitution;

16(4) been intended or compelled to engage in a sex act;

17(5) been described or depicted in material that
18advertises an intent or compulsion to engage in sex acts; or

19(6) in the case of obscenity or child pornography, has
20appeared in or been described or depicted in the offending
21conduct or material.

22§ 3052. Protection of victims.

23Law enforcement agencies shall take reasonable steps
24necessary to identify, protect and assist victims of human
25trafficking.

26§ 3053. Appropriate implementation for minor victims of human
27trafficking.

28The provision of services to a minor victim of human
29trafficking by the Commonwealth or by any institution or person
30established or licensed by the Commonwealth shall be carried out

1in a manner that is in the best interest of the minor and
2appropriate to the particular situation.

3§ 3054. Services.

4(a) Information for victims.--Subject to the availability of
5funding, the commission shall prepare a model informational form
6to be used by any person having contact with victims of human
7trafficking that informs victims of human trafficking, in a
8language they can understand, of the following:

9(1) The procedure for repatriation to the country of
10citizenship or lawful residence of the victim of human
11trafficking.

12(2) A directory of local service organizations for
13victims of human trafficking.

14(3) A directory of legal services organizations that can
15assist victims of human trafficking in obtaining or
16maintaining legal immigration status.

17(4) A directory of benefits for victims of human
18trafficking under Federal and State laws.

19(b) Labor standards and working conditions.--The Department
20of Labor and Industry shall:

21(1) Administer labor standards regarding wages, hours of
22work and working conditions under its jurisdiction without
23regard to the legal status of the individual's right to work
24in the United States.

25(2) Report to the appropriate law enforcement agency any
26evidence of human trafficking that may be discovered during
27the course of an investigation of wages, hours of work and
28working conditions.

29(c) Immigration certification.--

30(1) The Attorney General, a district attorney or any

1representative of a law enforcement agency may certify in
2writing to the United States Department of Justice or other
3Federal agency, including the United States Department of
4Homeland Security, that:

5(i) an investigation or prosecution under this
6chapter has begun; and

7(ii) an individual who may be a victim of human
8trafficking is willing to cooperate or is cooperating
9with the investigation to enable the individual, if
10eligible under Federal law, to qualify for an appropriate
11special immigrant visa and to access available Federal
12benefits.

13(2) Cooperation with law enforcement agencies shall not
14be required of a victim of human trafficking who is a minor.

15(3) Certification under this subsection may be made
16available to the victim of human trafficking and the
17designated legal representative of the victim of human
18trafficking.

19(d) Access to crime victims services.--Victims of human
20trafficking shall be eligible for benefits and compensation
21under the act of November 24, 1998 (P.L.882, No.111), known as 
22the Crime Victims Act.

23§ 3055. Victims in shelters.

24(a) Voluntary placement.--Residence of a victim of human
25trafficking in a shelter or other facility shall be voluntary,
26and a victim of human trafficking may decline to stay in a
27shelter or other facility.

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

29(1) shall be made without regard to race, religion,
30ethnic background, sexual orientation, country of origin or

1culture; and

2(2) may not be conditioned on whether the victim of
3human trafficking is cooperating with a law enforcement
4agency in its attempts to prosecute persons under this
5chapter.

6SUBCHAPTER E

7MISCELLANEOUS PROVISIONS

8Sec.

93071. Funding.

103072. Nonexclusivity.

11§ 3071. Funding.

12In addition to any money that may be appropriated from time
13to time by the General Assembly for its work, the commission
14may apply for and expend Federal grants and grants and
15contributions from other public, quasi-public or private sources
16to assist in implementing this chapter.

17§ 3072. Nonexclusivity.

18Remedies under this chapter are not exclusive and shall be in
19addition to other procedures or remedies for a violation or
20conduct provided for in other law.

21Section 4. Section 5708(1) of Title 18 is amended to read:

22§ 5708. Order authorizing interception of wire, electronic or
23oral communications.

24The Attorney General, or, during the absence or incapacity of
25the Attorney General, a deputy attorney general designated in
26writing by the Attorney General, or the district attorney or,
27during the absence or incapacity of the district attorney, an
28assistant district attorney designated in writing by the
29district attorney of the county wherein the suspected criminal
30activity has been, is or is about to occur, may make written

1application to any Superior Court judge for an order authorizing
2the interception of a wire, electronic or oral communication by
3the investigative or law enforcement officers or agency having
4responsibility for an investigation involving suspected criminal
5activities when such interception may provide evidence of the
6commission of any of the following offenses, or may provide
7evidence aiding in the apprehension of the perpetrator or
8perpetrators of any of the following offenses:

9(1) Under this title:

10Section 911 (relating to corrupt organizations)

11Section 2501 (relating to criminal homicide)

12Section 2502 (relating to murder)

13Section 2503 (relating to voluntary manslaughter)

14Section 2702 (relating to aggravated assault)

15Section 2706 (relating to terroristic threats)

16Section 2709.1 (relating to stalking)

17Section 2716 (relating to weapons of mass
18destruction)

19Section 2901 (relating to kidnapping)

20Section [3002] 3011 (relating to trafficking [of
21persons] in individuals)

<-22Section 3012 (relating to involuntary servitude)

23Section 3121 (relating to rape)

24Section 3123 (relating to involuntary deviate sexual
25intercourse)

26Section 3124.1 (relating to sexual assault)

27Section 3125 (relating to aggravated indecent
28assault)

29Section 3301 (relating to arson and related offenses)

30Section 3302 (relating to causing or risking

1catastrophe)

2Section 3502 (relating to burglary)

3Section 3701 (relating to robbery)

4Section 3921 (relating to theft by unlawful taking or
5disposition)

6Section 3922 (relating to theft by deception)

7Section 3923 (relating to theft by extortion)

8Section 4701 (relating to bribery in official and
9political matters)

10Section 4702 (relating to threats and other improper
11influence in official and political matters)

12Section 5512 (relating to lotteries, etc.)

13Section 5513 (relating to gambling devices, gambling,
14etc.)

15Section 5514 (relating to pool selling and
16bookmaking)

17Section 5516 (relating to facsimile weapons of mass
18destruction)

19Section 6318 (relating to unlawful contact with
20minor)

21* * *

22Section 5. Sections 4415 and 4436 of Title 42 are amended by
23adding paragraphs to read:

24§ 4415. Confidential communications in presence of interpreter.

25An interpreter appointed under this subchapter shall not be
26compelled to testify in any judicial proceeding or
27administrative proceeding to any statements made by the person
28with limited English proficiency and interpreted by the
29interpreter when the person with limited English proficiency is
30engaged in a confidential communication as provided by any

1statute or general rule, including, but not limited to:

2* * *

3(9) Section 5945.3 (relating to confidential
4communications with human trafficking caseworkers).

5§ 4436. Confidential communications in presence of interpreter.

6An interpreter appointed under this subchapter shall not be
7compelled to testify in any judicial proceeding or
8administrative proceeding to any statements made by the person
9who is deaf and interpreted by the interpreter when the person
10who is deaf is engaged in a confidential communication as
11provided by any statute or general rule, including, but not
12limited to:

13* * *

14(9) Section 5945.3 (relating to confidential
15communications with human trafficking caseworkers).

16Section 6. Section 5552(c)(3) of Title 42 is amended and the
17subsection is amended by adding a paragraph to read:

18§ 5552. Other offenses.

19* * *

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

23* * *

24(3) Any sexual offense committed against a minor who is
25less than 18 years of age any time up to the later of the
26period of limitation provided by law after the minor has
27reached 18 years of age or the date the minor reaches 50
28years of age. As used in this paragraph, the term "sexual
29offense" means a crime under the following provisions of
30Title 18 (relating to crimes and offenses):

1Section 3011(b) (relating to trafficking in
2individuals).

3Section 3012 (relating to involuntary servitude) <-as 
4it relates to sexual 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 victim of human trafficking was not a minor any time up
26to five years from the date <-the human trafficking victim
27escaped from the human trafficking situation. <-of the last
28offense under this paragraph committed against the victim.

29(6) An offense under section 3012 involving labor
30servitude while the victim was a minor, any time up to five

1years after the victim reaches 18 years of age.

2* * *

<-3Section 7. Section 5554(2) and (3) of Title 42 are amended
4and the section is amended by adding a paragraph to read:

5§ 5554. Tolling of statute.

6Except as provided by section 5553(e) (relating to
7disposition of proceedings within two years), the period of
8limitation does not run during any time when:

9* * *

10(2) a prosecution against the accused for the same
11conduct is pending in this Commonwealth; [or]

12(3) a child is under 18 years of age, where the crime
13involves injuries to the person of the child caused by the
14wrongful act, or neglect, or unlawful violence, or negligence
15of the child's parents or by a person responsible for the
16child's welfare, or any individual residing in the same home
17as the child, or a paramour of the child's parent[.]; or

18(4) a person entitled to prosecute an offense under 18
19Pa.C.S. Ch. 30 (relating to human trafficking) could not have
20reasonably discovered the offense due to circumstances
21resulting from the human trafficking situation, such as
22psychological trauma, social, cultural and linguistic
23isolation and the inability to access services.

24Section <-8 7. Title 42 is amended by adding a section to
25read:

26§ 5945.3. Confidential communications with human trafficking
27caseworkers.

28(a) Sexual assault counselors.--An individual qualified as a
29sexual assault counselor under section 5945.1(a) (relating to
30confidential communications with sexual assault counselors) may

1serve as a human trafficking counselor under this section.

2(b) Privilege.--

3(1) This subsection applies to all of the following:

4(i) A human trafficking caseworker.

5(ii) An interpreter.

6(2) An individual designated in paragraph (1) may not
7disclose a confidential communication without the written
8consent of the victim of human trafficking who made the
9confidential communication.

10(c) Definitions.--As used in this section, the following
11words and phrases shall have the meanings given to them in this
12subsection:

13"Confidential communication." All information, oral or
14written, transmitted between a victim of human trafficking and a
15human trafficking caseworker in the course of their
16relationship. The term includes advice, reports, statistical
17data, memoranda, working papers and records, given or made
18during that relationship, including matters transmitted between
19the human trafficking caseworker and the victim through the use
20of an interpreter.

21"Human trafficking caseworker." An individual:

22(1) who is engaged by any organization whether
23financially compensated or not;

24(2) whose primary purpose is the rendering of advice or
25assistance to a victim of human trafficking, as defined in 18
26Pa.C.S. § 3001 (relating to definitions); and

27(3) who:

28(i) holds a master's degree or higher in counseling
29or a related field;

30(ii) has an undergraduate degree or equivalent in a

1human services profession; or

2(iii) is supervised by an individual qualified under
3subparagraph (i) or (ii) and has at least 80 hours of
4training received under that supervision in:

5(A) the history of human trafficking;

6(B) civil law and criminal law as they relate to
7human trafficking;

8(C) societal attitudes toward human trafficking;

9(D) peer counseling techniques;

10(E) housing, public assistance and other
11financial resources available to meet the needs of
12victims of human trafficking;

13(F) referral services available to <-victims of
14human trafficking<- victims;

15(G) privileged communications; or

16(H) human trauma therapy counseling.

17"Interpreter." An individual who translates communications
18between a human trafficking caseworker and a victim of human
19trafficking through the use of sign language, visual, oral or
20written translation.

21Section <-9 8. Sections 9720.2 and 9738(b) of Title 42 are
22amended to read:

23§ 9720.2. Sentencing for trafficking of persons.

24Notwithstanding any other provision of law, a person who
25commits a violation of 18 Pa.C.S. § [3002] 3011 (relating to
26trafficking [of persons] in individuals) <-or 3012 (relating to 
27involuntary servitude) while violating:

28(1) 18 Pa.C.S. § 2901 (relating to kidnapping);

29(2) 18 Pa.C.S. § 3121 (relating to rape); or

30(3) 18 Pa.C.S. § 3123 (relating to involuntary deviate

1sexual intercourse);

2shall be sentenced up to a maximum term of life imprisonment.

3§ 9738. Victim impact statements.

4* * *

5(b) Definition.--As used in this section, the term "victim"
6shall [have the same meaning as in section 479.1 of the act of
7April 9, 1929 (P.L.177, No.175), known as The Administrative
8Code of 1929.] mean a "victim" as defined in:

9(1) section 103 of the act of November 24, 1998
10(P.L.882, No.111), known as the Crime Victims Act; or

11(2) 18 Pa.C.S. § 3001 (relating to definitions).

12Section <-10 9. Applicability is as follows:

13(1) The addition of 18 Pa.C.S. Ch. 30 shall apply to
14offenses committed on or after the effective date of this
15section.

16(2) Section 2 {repeal of 18 Pa.C.S. §§ 3001, 3002, 3003
17and 3004} of this act shall not affect the validity of a
18prosecution initiated under the repealed sections.

19Section <-11 10. This act shall take effect in 60 days.