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<-, victim impact statements and 
7classification of sexual offenses; and making editorial
8changes.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

<-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:

1Chapter 25 (relating to criminal homicide)

2Section 2706 (relating to terroristic threats)

3Chapter 29 (relating to kidnapping)

4Chapter 30 (relating to human trafficking [of
5persons])

6Chapter 33 (relating to arson, criminal mischief
7and other property destruction)

8Chapter 37 (relating to robbery)

9Chapter 39 (relating to theft and related
10offenses)

11Section 4108 (relating to commercial bribery and
12breach of duty to act disinterestedly)

13Section 4109 (relating to rigging publicly
14exhibited contest)

15Section 4117 (relating to insurance fraud)

16Chapter 47 (relating to bribery and corrupt
17influence)

18Chapter 49 (relating to falsification and
19intimidation)

20Section 5111 (relating to dealing in proceeds of
21unlawful activities)

22Section 5512 (relating to lotteries, etc.)

23Section 5513 (relating to gambling devices,
24gambling, etc.)

25Section 5514 (relating to pool selling and
26bookmaking)

27Chapter 59 (relating to public indecency).

28* * *

29An act which otherwise would be considered racketeering
30activity by reason of the application of this paragraph,

1shall not be excluded from its application solely because the
2operative acts took place outside the jurisdiction of this
3Commonwealth, if such acts would have been in violation of
4the law of the jurisdiction in which they occurred.

5* * *

6Section 2. The heading of Chapter 30 and sections 3001,
73002, 3003 and 3004 of Title 18 are repealed:

8[CHAPTER 30

9TRAFFICKING OF PERSONS

10§ 3001. Definitions.

11The following words and phrases when used in this chapter
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Criminal coercion." The term includes conduct defined as
15criminal coercion by section 2906 (relating to criminal
16coercion).

17"Forced labor or services." Labor or services that are
18performed or provided by another person which are obtained or
19maintained when a person:

20(1) attempts to cause, causes or by threat of physical
21menace puts another person in fear of bodily injury;

22(2) physically restrains or threatens to physically
23restrain another person unlawfully;

24(3) abuses or threatens to abuse the law or legal
25process;

26(4) possesses except as required by Federal immigration
27law or regulation, destroys, conceals, removes or confiscates
28any actual or purported passport or other immigration
29document of another person, or any other actual or purported
30government identification document of another person; or

1(5) engages in criminal coercion of another person.

2"Traffics." Recruits, entices, harbors, transports or
3provides or obtains by any means.

4§ 3002. Trafficking of persons.

5(a) Offense defined.--A person commits an offense if the
6person knowingly traffics or knowingly attempts to traffic
7another person, knowing that the other person will be subjected
8to forced labor or services.

9(b) Grading.--An offense under subsection (a) shall be
10graded a felony of the second degree unless the other person
11suffers bodily injury or the other person is an individual under
1218 years of age, in which case it shall be graded as a felony of
13the first degree.

14§ 3003. Restitution for offenses.

15(a) General rule.--A person convicted of an offense under
16this chapter shall, in addition to any other remedy deemed
17appropriate by the court, be sentenced to pay the victim
18restitution, including the greater of:

19(1) the gross income or value to the person to whom the
20labor or services were performed by the victim; or

21(2) the value of the victim's labor based on the minimum
22wage of this Commonwealth.

23(b) Private remedies.--Nothing in this section shall be
24construed to preclude any other remedy at law or in equity.

25§ 3004. Forfeiture.

26(a) General rule.--The following shall be subject to
27forfeitures to the Commonwealth, and no property right shall
28exist in them:

29(1) All assets, foreign or domestic:

30(i) Of an individual, entity or organization engaged

1in planning or perpetrating an act in this Commonwealth
2which violates section 3002 (relating to trafficking of
3persons) and all assets, foreign or domestic, affording a
4person a source of influence over such individual, entity
5or organization.

6(ii) Acquired or maintained by a person with the
7intent and for the purpose of supporting, planning,
8conducting or concealing an act in this Commonwealth
9which violates section 3002.

10(iii) Derived from, involved in or used or intended
11to be used to commit an act in this Commonwealth which
12violates section 3002.

13(2) All assets within this Commonwealth:

14(i) Of an individual, entity or organization engaged
15in planning or perpetrating an act which violates section
163002.

17(ii) Acquired or maintained with the intent and for
18the purpose of supporting, planning, conducting or
19concealing an act which violates section 3002.

20(iii) Derived from, involved in or used or intended
21to be used to commit an act which violates section 3002.

22(b) Process and seizures.--Property subject to forfeiture
23under this section may be seized by the law enforcement
24authority upon process issued by any court of common pleas
25having jurisdiction over the property.

26(c) Custody of property.--

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

1over the forfeiture proceedings and of the district attorney.

2(2) When property is seized under this section, the law
3enforcement authority shall place the property under seal and
4either:

5(i) remove the property to a place designated by it;
6or

7(ii) require that the district attorney take custody
8of the property and remove it to an appropriate location
9for disposition in accordance with law.

10(d) Transfer of property.--Whenever property is forfeited
11under this section, the property shall be transferred to the
12custody of the district attorney. The district attorney, where
13appropriate, may retain the property for official use or sell
14the property, but the proceeds from any such sale shall be used
15to pay all proper expenses of the proceedings for forfeiture and
16sale, including expenses of seizure, maintenance of custody,
17advertising and court costs. The balance of the proceeds shall
18be used for the enforcement of the criminal laws of
19Pennsylvania.

20(e) Proceedings and petition.--The proceedings for the
21forfeiture or condemnation of property, the retention or sale of
22which is provided for in this section, shall be in rem, in which
23the Commonwealth shall be the plaintiff and the property the
24defendant. A petition shall be filed in the court of common
25pleas of the judicial district where the property is located,
26verified by oath or affirmation of an officer or citizen,
27containing the following:

28(1) A description of the property seized.

29(2) A statement of the time and place where seized.

30(3) The owner, if known.

1(4) The person or persons in possession, if known.

2(5) An allegation that the property is subject to
3forfeiture pursuant to this section and an averment of
4material facts upon which forfeiture action is based.

5(6) A prayer for an order of forfeiture that the
6property be adjudged forfeited to the Commonwealth and
7condemned unless cause be shown to the contrary.

8(f) Service.--A copy of the petition required under
9subsection (e) shall be served personally or by certified mail
10on the owner or the person or persons in possession at the time
11of the seizure. The copy shall have endorsed a notice as
12follows:

13To the claimant of within described property:

14You are required to file an answer to this petition,
15setting forth your title in and right to possession of the
16property within 30 days from the service of this notice. You
17are also notified that, if you fail to file the answer, a
18decree of forfeiture and condemnation will be entered against
19the property.

20The notice shall be signed by the district attorney, deputy
21district attorney or assistant district attorney.

22(g) Notice.--

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

1two successive weeks. No other advertisement of any sort
2shall be necessary, any other law to the contrary
3notwithstanding.

4(2) The notice shall contain a statement of the seizure
5of the property with a description of the property and the
6place and date of seizure and shall direct any claimants to
7the property to file a claim on or before a date given in the
8notice, which date shall not be less than 30 days from the
9date of the first publication.

10(3) If no claims are filed within 30 days of
11publication, the property shall summarily forfeit to the
12Commonwealth.

13(h) Unknown owner.--For purposes of this section, the owner
14or other such person cannot be found in the jurisdiction of the
15court if:

16(1) a copy of the petition is mailed to the last known
17address by certified mail and is returned without delivery;

18(2) personal service is attempted once but cannot be
19made at the last known address; and

20(3) a copy of the petition is left at the last known
21address.

22(i) Waiver of notice.--The notice provisions of this section
23are automatically waived if the owner, without good cause, fails
24to appear in court in response to a subpoena on the underlying
25criminal charges. Forty-five days after such a failure to
26appear, if good cause has not been demonstrated, the property
27shall summarily forfeit to the Commonwealth.

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

1hearing.

2(k) Burden of proof.--At the hearing, if the Commonwealth
3produces evidence that the property in question was unlawfully
4used, possessed or otherwise subject to forfeiture under this
5section, the burden shall be upon the claimant to show by a
6preponderance of the evidence:

7(1) That the claimant is the owner of the property or
8the holder of a chattel mortgage or contract of conditional
9sale thereon.

10(2) That the claimant lawfully acquired the property.

11(3) That the property was not unlawfully used or
12possessed by the claimant. If it appears that the property
13was unlawfully used or possessed by a person other than the
14claimant, then the claimant shall show that the unlawful use
15or possession was without his knowledge or consent. Such
16absence of knowledge or consent must be reasonable under the
17circumstances presented.

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

1order the property returned or delivered to the claimant. Such
2absence of knowledge or consent must be reasonable under the
3circumstances presented. Otherwise, it shall be retained for
4official use or sold in accordance with this section.]

5Section 3. Title 18 is amended by adding a chapter to read:

6CHAPTER 30

7HUMAN TRAFFICKING

8Subchapter

9A. General Provisions

10B. Prosecution of Human Trafficking

11C. Prevention of Human Trafficking

12D. Protection of Victims of Human Trafficking

13E. Miscellaneous Provisions

14SUBCHAPTER A

15GENERAL PROVISIONS

16Sec.

173001. Definitions.

18§ 3001. Definitions.

19The following words and phrases when used in this chapter
20shall have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22"Commercial sex act." Any sex act on account of which
23anything of value is given, promised to or received, directly or
24indirectly, by an individual.

25"Commission." The Pennsylvania Commission on Crime and
26Delinquency.

27"Council." The Pennsylvania Council for the Prevention of
28Human Trafficking, established under section 3031 (relating to
29Pennsylvania Council for the Prevention of Human Trafficking).

30"Debt coercion." Exploitation of the status or condition of

1a debtor arising from a pledge by the debtor of the personal
2services of the debt or an individual under the debtor's control
3as a security or payment for debt, if any of the following
4apply:

5(1) The value of those services as reasonably assessed
6is not applied toward the liquidation of the debt.

7(2) The length and nature of those services are not
8respectively limited and defined.

9(3) The principal amount of the debt does not reasonably
10reflect the value of the items or services for which the debt
11was incurred.

12(4) The individual is coerced to perform sex acts as
13payment for the debt.

14(5) The debtor controls and determines the movement,
15housing and services performed by the individual until
16repayment of the debt.

17"Extortion." As defined in section 3923 (relating to theft
18by extortion).

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

20(1) A violation of the act of March 30, 1859 (P.L.318,
21No.318), referred to as the Payment of the Wages of Labor
22Law.

23(2) A violation of the act of May 23, 1887 (P.L.181,
24No.122), referred to as the Employment of Labor Regulated
25Law.

26(3) A criminal violation of the act of January 30, 1974
27(P.L.13, No.6), referred to as the Loan Interest and
28Protection Law (Usury Law).

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

1(5) A violation of any other law of this Commonwealth
2governing the payment of wages for labor or services.

3"Human trafficking." Any activity in violation of section
43011 (relating to trafficking in individuals) either alone or in
5conjunction with an activity in violation of section 3012
6(relating to involuntary servitude).

7"Involuntary servitude." Includes labor servitude and sexual
8servitude.

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

10"Labor servitude." Labor which is performed or provided by
11another individual and is induced or obtained by any of the
12means set forth in section 3012(b) (relating to involuntary
13servitude).

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

15"Performance involving sexual conduct." Any performance that
16is described in section 5903 (relating to obscene and other
17sexual materials and performances).

18"Record." Information, regardless of physical form or
19characteristics, that documents a transaction or activity and
20that is created, received or retained pursuant to law or in
21connection with a transaction, business or activity. The term
22includes any of the following:

23(1) A document, paper, letter, map, book, tape,
24photograph, film or sound recording.

25(2) Information stored or maintained electronically.

26(3) A data-processed or image-processed document.

27"Serious harm." Any harm, whether physical or nonphysical
28that is sufficiently serious, under all the surrounding
29circumstances, to compel a reasonable person of the same
30background and in the same circumstances as the victim of human
 

1trafficking to perform or to continue performing labor or a
2service, a commercial sex act or a performance involving sexual
3conduct in order to avoid incurring that harm.

4"Service." Any act committed at the behest of, under the
5supervision of or for the benefit of another.

6"Sex act." Any touching of the sexual or other intimate
7parts of any individual for the purpose of gratifying sexual
8desire of any individual. The term includes any of the
9following:

10(1) Touching the individual.

11(2) Touching by the individual, whether directly or
12through clothing.

13(3) Physical contact involving the genitalia of either
14the victim of human trafficking or the perpetrator.

15(4) Deviate sexual intercourse, indecent contact or
16sexual intercourse as defined in section 3101 (relating to
17definitions).

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

20"Sexual conduct." As defined in section 5903(b) (relating to
21obscene and other sexual materials and performances). The term
22includes the following:

23(1) With respect to a minor, any activity under section
245903(c).

25(2) A commercial sex act.

26"Sexual servitude." Any sexual conduct or performance
27involving sexual conduct for which anything of value is directly
28or indirectly given, promised to or received by any individual
29or which is performed or provided by any individual, and is
30induced or obtained from:

1(1) A minor.

2(2) Any other individual by any of the means set forth
3in section 3012(b) (relating to involuntary servitude).

4"State plan." The State Plan for the Prevention of Human
5Trafficking developed in section 3051 (relating to State Plan
6for the Prevention of Human Trafficking).

7"Victim of human trafficking" or "victim." An individual who
8has been subjected to human trafficking.

9SUBCHAPTER B

10PROSECUTION OF HUMAN TRAFFICKING

11Sec.

123011. Trafficking in individuals.

133012. Involuntary servitude.

143013. Patronizing a victim of sexual servitude.

153014. Unlawful conduct regarding documents.

163015. Nonpayment of wages.

173016. Obstruction of justice.

183017. Violation by business entities.

193018. Evidence and defenses to human trafficking.

203019. Victim protection during prosecution.

213020. Restitution.

223021. Asset forfeiture.

233022. Professional licenses.

243023. Cumulative remedies.

253024. Sentencing.

263025. Data collection.

27§ 3011. Trafficking in individuals.

28(a) Offense defined.--A person commits a felony of the
29second degree if the person:

30(1) recruits, entices, solicits, harbors, transports,

1provides, obtains or maintains an individual if the person
2knows or recklessly disregards that the individual will be
3subject to involuntary servitude; or

4(2) Knowingly benefits financially or receives anything
5of value from any act that facilitates any activity described
6in paragraph (1).

7(b) Trafficking in minors.--A person commits a felony of the
8first degree if the person engages in any activity listed in
9subsection (a) that results in a minor's being subjected to
10sexual servitude.

11(c) Nonapplicability.--This section does not apply to
12customers of persons engaging in or offering to engage in
13commercial sex acts or prostitution.

14§ 3012. Involuntary servitude.

15(a) Offense defined.--A person commits a felony of the first
16degree if the person knowingly, through any of the means
17described in subsection (b), subjects an individual to labor 
18servitude or sexual servitude, except where such conduct is 
19permissible under Federal or State law other than this chapter.

20(b) Means of subjecting an individual to involuntary
21servitude.--A person may subject an individual to involuntary
22servitude through any of the following means:

23(1) Causing or threatening to cause serious harm to any
24individual.

25(2) Physically restraining or threatening to physically
26restrain another individual.

27(3) Kidnapping or attempting to kidnap any individual.

28(4) Abusing or threatening to abuse the legal process.

29(5) Taking or retaining the individual's personal
30property or real property as a means of coercion.

1(6) Engaging in unlawful conduct with respect to
2documents, as defined in section 3014 (relating to unlawful
3conduct regarding documents).

4(7) Extortion or blackmail.

5(8) Fraud.

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

8(10) Duress, under section 309 (relating to duress).

9(11) Debt coercion.

10(12) Facilitating or controlling the individual's access 
11to a controlled substance.

12(13) Using any scheme, plan or pattern intended to cause
13the individual to believe that, if the individual does not
14perform such labor, services, acts or performances, that
15individual or another individual will suffer serious harm or
16physical restraint.

17(c) Nonapplicability.--This section does not apply to 
18customers of persons engaging in or offering to engage in 
19commercial sex acts or prostitution.

20§ 3013. Patronizing a victim of sexual servitude.

21(a) Offense defined.--A person commits a felony of the
22second degree if the person engages in any sexual conduct or
23performance with another individual knowing that the individual
24is a victim of human trafficking.

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

1is a victim of human trafficking.

2(c) Fine.--A person whose violation of this subsection
3results in a judicial disposition other than acquittal or
4dismissal shall also pay a fine of $500 to the court, to be
5distributed to the council to fund the grant program established
6under section 3036 (relating to grants).

7§ 3014. Unlawful conduct regarding documents.

8(a) Applicability.--This section applies to an action that
9is done:

10(1) in the course of a violation of or with intent to
11violate section 3011 (relating to trafficking in individuals)
12or 3012 (relating to involuntary servitude); or

13(2) to prevent or restrict or to attempt to prevent or
14restrict, without lawful authority, the ability of an
15individual to move or travel, in order to maintain the
16involuntary servitude of that individual.

17(b) Offense defined.--A person commits a felony of the third
18degree if the person knowingly destroys, conceals, removes,
19confiscates or possesses an actual or purported:

20(1) passport or other immigration document of an
21individual; or

22(2) government identification document of an individual.

23§ 3015. Nonpayment of wages.

24(a) Offense defined.--A person who in connection with, as a 
25part of or in addition to engaging in human trafficking,
26willfully or with intent to defraud, fails or refuses to pay
27wages or otherwise causes financial harm to an individual for
28labor services rendered is guilty of:

29(1) A misdemeanor of the third degree if the amount owed
30to the individual is less than $2,000.

1(2) A felony of the third degree, if:

2(i) the amount owed to the individual is equal to or
3greater than $2,000;

4(ii) the failure or refusal constitutes a second or
5subsequent violation of this section; or

6(iii) the person falsely denies the amount due or
7the validity of the debt.

8(b) Offenses cumulative.--A person commits a separate
9offense under this section for each calendar month during which
10the individual earned wages that the person failed to pay or was
11otherwise financially harmed.

12§ 3016. Obstruction of justice.

13A person who commits a violation of Subchapter B of Chapter
1449 (relating to victim and witness intimidation) or Chapter 51
15(relating to obstructing governmental operations) that in any
16way interferes with or prevents the enforcement of this chapter
17shall be subject to the same penalties that may be imposed for
18the offense for which the person has been charged under this
19chapter.

20§ 3017. Violation by business entities.

21(a) Penalty.--Any business entity, including a corporation
22or unincorporated association, limited liability partnership or
23company or other legal entity that aids or participates in any
24violation of this chapter, shall be subject to any of the
25following penalties:

26(1) A fine of not more than $1,000,000.

27(2) Revocation of the business entity's:

28(i) charter, if it is organized under the laws of
29this Commonwealth; or

30(ii) certificate to do business in this

1Commonwealth, if the business entity is not organized
2under the laws of this Commonwealth.

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

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

9(c) Knowledge.--Notwithstanding any exemption from liability
10provided for in 15 Pa.C.S. §§ 8523 (relating to liability of
11limited partners to third parties) and 8922 (relating to
12liability of members), an officer, director, partner, manager or
13member of any entity found liable under this section:

14(1) Shall not be liable under this section if the person
15acted in good faith, in a manner that the person reasonably
16believed to be in the best interests of the corporation,
17partnership or company, and with such care, including
18reasonable inquiry, skill and diligence, as a person of
19ordinary prudence would use under similar circumstances.

20(2) Shall be liable under this section if the person has
21knowledge of such other facts as in the circumstances shows
22bad faith.

23§ 3018. Evidence and defenses to human trafficking.

24(a) General rule.--Evidence of the following facts or
25conditions shall not constitute a defense in a prosecution for a
26violation under this chapter, nor shall such evidence preclude a
27finding of a violation under this chapter:

28(1) Specific instances of past sexual conduct of the 
29victim of human trafficking, opinion evidence of the alleged 
30victim's past sexual conduct and reputation evidence of the
 

1alleged victim's past sexual conduct shall not be admissible 
2in a prosecution under this chapter, except evidence of the 
3alleged victim's past sexual conduct with the defendant shall 
4be admissible where consent of the alleged victim is at issue 
5and such evidence is otherwise admissible pursuant to the 
6rules of evidence. A defendant who proposes to offer evidence 
7of the alleged victim's past sexual conduct pursuant to this 
8paragraph shall file a written motion and offer of proof at 
9the time of trial. If, at the time of trial, the court 
10determines that the motion and offer of proof are sufficient 
11on their faces, the court shall order an in camera hearing 
12and shall make findings on the record as to the relevance and 
13admissibility of the proposed evidence pursuant to the 
14standards of this paragraph.

15(2) The age of the victim of human trafficking with
16respect to the age of consent to sex or legal age of
17marriage.

18(b) Victim's consent to employment contract in labor
19servitude.--The consent of the victim of human trafficking to an
20employment contract, even if there was not fraud involved in the
21contract's formation, shall not be a defense to labor
22trafficking if force or coercion as described in section 3012(b) 
23(relating to involuntary servitude) were involved in the making
24of the contract.

25(c) Victim's age in sexual servitude.--Except as provided in
26section 3102 (relating to mistake as to age), evidence of a
27defendant's lack of knowledge of a person's age, or a reasonable
28mistake of age, is not a defense for a violation of this chapter
29involving the sexual servitude of a minor.

30§ 3019. Victim protection during prosecution.

1(a) Disclosure of name of victim of human trafficking.--
2Notwithstanding any other provision of law to the contrary,
3unless the court otherwise orders in a prosecution involving a
4victim of human trafficking, an officer or employee of the court
5may not disclose the identity of the victim of human trafficking
6to the public. Any record revealing the name of the victim of 
7human trafficking shall not be open to public inspection.

8(b) Affirmative defense.--An individual who is charged with
9any violation under section 5902 (relating to prostitution and
10related offenses) may offer the defense at trial that he engaged
11in the conduct charged to constitute an offense because he was
12compelled to do so by coercion or the use of, or a threat to
13use, unlawful force against his person or the person of another,
14which a person of reasonable firmness in his situation would
15have been unable to resist.

16(c) Diversionary program.--An individual who is charged with
17violating a trespassing, loitering, obstruction of highway,
18disorderly conduct, or simple possession of a controlled
19substance statute that directly results from being a victim of
20human trafficking, where the violation is his first offense,
21shall be given first consideration for a pretrial diversionary
22program by the judicial authority with jurisdiction over the
23violations. If the individual successfully completes the
24diversionary program, the individual's records of the charge of
25violating the statute shall be expunged as provided for under
26section 9122 (relating to expungement).

27(d) Motion to vacate conviction.--

28(1) An individual convicted under section 3503 (relating
29to criminal trespass), 5503 (relating to disorderly conduct),
305506 (relating to loitering and prowling at night time), 5507

1(relating to obstructing highways and other public passages)
2or 5902, or an offense for simple possession of a controlled
3substance committed as a direct result of being a victim of
4human trafficking may file a motion to vacate the conviction.

5(2) A motion under this subsection shall:

6(i) Be in writing.

7(ii) Be signed and consented to by attorney for the
8Commonwealth.

9(iii) Describe the supporting evidence with
10particularity.

11(iv) Include copies of any documents showing that
12the moving party is entitled to relief under this
13section.

14(e) Official documentation.--No official determination or
15documentation is required to grant a motion under this section,
16but official documentation from a Federal, state or local
17government agency indicating that the defendant was a victim at
18the time of the offense creates a presumption that the
19defendant's participation in the offense was a direct result of
20being a victim.

21(f) Grant of motion.--The court shall grant the motion if it
22finds that:

23(1) The moving party was convicted under section 5902 or
24other nonviolent misdemeanor offense.

25(2) The conviction was obtained as a result of the
26moving party's having been a victim of human trafficking.

27(g) Conviction vacated.--If the motion under subsection (d)
28is granted, the court shall vacate the conviction, strike the
29adjudication of guilt and order the expungement of the record of
30the criminal proceedings. The court shall issue an order to

1expunge all records and files related to the moving party's
2arrest, citation, investigation, charge, adjudication of guilt,
3criminal proceedings and probation for the offense. The court
4may take any additional action that it deems appropriate under
5the circumstances or that justice requires.

6§ 3020. Restitution.

7(a) Order.--The court shall order a person found guilty of a
8violation of this chapter to pay restitution to the victim of 
9human trafficking under the provisions of section 1106 (relating 
10to restitution for injuries to person or property) and under the
11following conditions:

12(1) A person who violates this chapter shall be 
13ineligible to receive restitution.

14(2) The following items may be included in an order of
15restitution:

16(i) For the period during which the victim of human 
17trafficking was engaged in involuntary servitude, the
18greater of the following:

19(A) The value of the services of the victim of 
20human trafficking as guaranteed under the minimum
21wage and overtime provisions of the laws of this
22Commonwealth.

23(B) The gross income or value to the defendant
24of the services of the victim of human trafficking.

25(C) The amount the victim of human trafficking
26was promised, or the amount someone in the position 
27of the victim of human trafficking would have
28reasonably expected to earn.

29(ii) The return of property of the victim of human 
30trafficking, cost of damage to the property or the

1replacement value of the property if taken, destroyed or
2damaged beyond repair as a result of human trafficking.

3(3) Collection and distribution of restitution payments
4shall be governed by the provisions of 42 Pa.C.S. §§ 9728
5(relating to collection of restitution, reparation, fees,
6costs, fines and penalties), 9730 (relating to payment of
7court costs, restitution and fines) and 9730.1 (relating to
8collection of court costs, restitution and fines by private
9collection agency).

10(b) Special rule for sexual servitude victims.--An
11individual who is a victim of sexual servitude:

12(1) Shall not receive restitution as replacement for
13income earned in an illegal activity.

14(2) Shall be entitled to restitution in the form of
15tuition and fees, not to exceed the average costs of a two-
16year degree program at a Pennsylvania community college, in
17order to obtain training or education necessary to become
18gainfully and legally employed.

19(c) Limitation on restitution.--Any award made under this
20section shall be in an amount not exceeding out-of-pocket
21expenses.

22§ 3021. Asset forfeiture.

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

26(1) All assets, foreign or domestic:

27(i) Of an individual, entity or organization engaged
28in planning or perpetrating an act in this Commonwealth
29which violates section 3011 (relating to trafficking in
30individuals) or 3012 (relating to involuntary servitude).

1(ii) Affording a person a source of influence over
2such individual, entity or organization under
3subparagraph (i).

4(iii) Acquired or maintained by a person with the
5intent and for the purpose of supporting, planning,
6conducting or concealing an act in this Commonwealth
7which violates section 3011 or 3012.

8(iv) Derived from, involved in or used or intended
9to be used to commit an act in this Commonwealth which
10violates section 3011 or 3012.

11(2) All assets within this Commonwealth:

12(i) Of an individual, entity or organization engaged
13in planning or perpetrating an act which violates section
143011 or 3012.

15(ii) Acquired or maintained with the intent and for
16the purpose of supporting, planning, conducting or
17concealing an act which violates section 3011 or 3012.

18(iii) Derived from, involved in or used or intended
19to be used to commit an act which violates section 3011
20or 3012.

21(b) Process and seizures.--

22(1) Property subject to forfeiture under this section
23may be seized by a law enforcement agency upon process issued
24by any court of common pleas having jurisdiction over the
25property.

26(2) Seizure without process may be made if:

27(i)  the seizure is incident to an arrest or a search
28under a search warrant or inspection under an
29administrative inspection warrant;

30(ii) the property subject to seizure has been the

1subject of a prior judgment in favor of the Commonwealth
2in a criminal injunction or forfeiture proceeding under
3this chapter;

4(iii) there is probable cause to believe that the
5property is dangerous to health or safety; or

6(iv) there is probable cause to believe that the
7property has been used or is intended to be used in
8violation of this chapter.

9(3) In the event that seizure without process occurs as
10provided for in paragraph (2), proceedings for the issuance
11of process shall be instituted promptly.

12(c) Custody of property.--

13(1) Property taken or detained under this section shall
14not be subject to replevin but is deemed to be in the custody
15of the law enforcement agency, the district attorney or the 
16Attorney General subject only to the orders and decrees of
17the court of common pleas having jurisdiction over the
18forfeiture proceedings.

19(2) When property is seized under this section, the law
20enforcement agency shall place the property under seal and
21either:

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

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

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

1or the Attorney General if the law enforcement authority seizing 
2the property has Statewide jurisdiction. The Attorney General or 
3district attorney, where appropriate, may sell the property. The
4proceeds from a sale shall first be used to pay all proper
5expenses of the proceedings for forfeiture and sale, including
6expenses of seizure, maintenance of custody, advertising and
7court costs. The balance of the proceeds shall be distributed
8under subsection (m).

9(e) Proceedings and petition.--

10(1) The proceedings for the forfeiture or condemnation
11of property shall be in rem, in which the Commonwealth shall
12be the plaintiff and the property the defendant.

13(2) A petition shall:

14(i) be filed in the court of common pleas of the
15judicial district where the property is located;

16(ii) be verified by oath or affirmation of an
17officer or citizen; and

18(iii) contain the following:

19(A) A description of the property seized.

20(B) A statement of the time and place where
21seized.

22(C) The owner, if known.

23(D) The person or persons in possession, if
24known.

25(E) An allegation that the property is subject
26to forfeiture under this section and an averment of
27material facts upon which forfeiture action is based.

28(F) A prayer for an order of forfeiture that the
29property be adjudged forfeited to the Commonwealth
30and condemned unless cause to the contrary is shown.

1(f) Service.--

2(1) A copy of the petition required under subsection (e)
3shall be served personally or by certified mail on the owner
4or the person or persons in possession at the time of the
5seizure.

6(2) The copy shall have endorsed a notice as follows:

7To the claimant of the within described property:

8You are required to file an answer to this petition,
9setting forth your title in and right to possession
10of the property within 30 days from the service of
11this notice. You are also notified that, if you fail
12to file the answer, a decree of forfeiture and
13condemnation will be entered against the property.

14(3) The notice shall be signed by the district attorney,
15deputy district attorney or assistant district attorney or 
16the Attorney General or a deputy attorney general.

17(g) Notice.--

18(1) Notice of the petition shall be given by the
19Commonwealth through an advertisement in only one newspaper
20of general circulation published in the county where the
21property shall have been seized, once a week for two
22successive weeks if:

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

24(ii) there was no person in possession of the
25property when seized;

26(iii) the owner or such person or persons in
27possession at the time of the seizure cannot be
28personally served or located within the jurisdiction of
29the court.

30(2) Notwithstanding any other law to the contrary, no
 

1advertisement shall be required.

2(3) The notice shall:

3(i) contain a statement of the seizure of the
4property, a description of the property, the place and
5date of seizure; and

6(ii) direct any claimants to the property to file a
7claim on or before a date given in the notice, which date
8shall not be less than 30 days from the date of the first
9publication.

10(4) If no claims are filed within 30 days of
11publication, the property shall summarily forfeit to the
12Commonwealth.

13(h) Unknown owner.--For purposes of this section, the owner
14or other such person cannot be found in the jurisdiction of the
15court if:

16(1) A copy of the petition is mailed to the last known
17address by certified mail and is returned without delivery.

18(2) Personal service is attempted once but cannot be
19made at the last known address.

20(3) A copy of the petition is left at the last known
21address.

22(i) Waiver of notice.--The notice provisions of this section
23are automatically waived if the owner, without good cause, fails
24to appear in court in response to a subpoena on the underlying
25criminal charges. If good cause has not been demonstrated and 45
26days have passed since the owner failed to appear, the property
27shall summarily forfeit to the Commonwealth.

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

1hearing.

2(k) Burden of proof.--If the Commonwealth produces evidence
3at the hearing under this section that the property in question
4was unlawfully used, possessed or otherwise subject to
5forfeiture under this section, the burden shall be upon the
6claimant to show by a preponderance of the evidence that:

7(1) the claimant is the owner of the property or the
8holder of a chattel mortgage or contract of conditional sale
9thereon;

10(2) the claimant lawfully acquired the property; and

11(3) the property was not unlawfully used or possessed by
12the claimant. If it appears that the property was unlawfully
13used or possessed by a person other than the claimant, then
14the claimant shall show that the unlawful use or possession
15was without his knowledge or consent. Such absence of
16knowledge or consent must be reasonable under the
17circumstances presented.

18(l) Claims of ownership.--

19(1) A person may file a petition or answer the 
20Commonwealth's petition alleging:

21(i) Ownership of the property.

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

23(iii) A lien or reservation of title to the property
24as the holder of:

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

26(B) a contract of conditional sale upon the
27property.

28(2) A public hearing shall be held, with due notice
29given to the district attorney or Attorney General.

30(3) The court may order the property returned or

1delivered to the claimant upon proof by a preponderance of
2the evidence by the claimant that:

3(i) the property was lawfully acquired, possessed
4and used by the claimant; or

5(ii) if it appears that the property was unlawfully
6used by a person other than the claimant, the unlawful
7use was without the claimant's knowledge or consent. The
8absence of knowledge or consent must be reasonable under
9the circumstances presented.

10(m) Disposition of proceeds.--Subject to subsection (d), all
11moneys forfeited and the proceeds from the sale of all property
12forfeited and seized under this section shall be paid as
13follows:

14(1) Any law enforcement agency shall be reimbursed if it
15has used its own funds in the detection, investigation,
16apprehension and prosecution of persons for violation of
17sections 3011 and 3012.

18(2) Any amount remaining after reimbursement under
19paragraph (1) shall be distributed under the following
20formula:

21(i) Thirty percent to the office of the prosecuting
22attorney to be used to investigate and prosecute human
23trafficking cases.

24(ii) Thirty-five percent to the commission to fund
25the grant program established in section 3036 (relating
26to grants).

27(iii) Thirty-five percent to the Office of Victims'
28Services in the commission to provide services to
29victims of human trafficking in the manner set forth in
30Chapter 9 of the act of November 24, 1998 (P.L.882,

1No.111), known as the Crime Victims Act.

2(n) Assets located outside United States.--Assets of persons
3convicted of violations of sections 3011 and 3012 that are
4located outside the United States shall also be subject to
5forfeiture to the extent they can be retrieved by the
6Commonwealth.

7§ 3022. Professional licenses.

8(a) Suspension of professional license.--The professional
9license of a licensee who knowingly employs or permits the
10employment of a victim of human trafficking shall be suspended
11for a minimum period of one year.

12(b) Administrative procedure.--A suspension under subsection 
13(a) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
14practice and procedure of Commonwealth agencies) and Ch. 7
15Subch. A (relating to judicial review of Commonwealth agency
16action).

17(c) Affirmative defense.--It shall be an affirmative defense
18to any proceeding for a violation of this chapter that a
19licensee :

20(1) complied with section 274A of the Immigration and
21Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a) with respect
22to hiring, recruiting or referring an individual for
23employment in the United States; or

24(2) required a contractor or subcontractor to certify
25compliance with section 274A of the Immigration and
26Nationality Act with respect to hiring, recruiting or
27referring an individual for employment in the United States.

28(d) 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. Pennsylvania Council for the Prevention of Human
23Trafficking.

243032. Commission responsibilities.

253033. Training.

263034. Public awareness.

273035. National Human Trafficking Resource Center Hotline.

283036. Grants.

293037. Role of nongovernmental organizations.

30§ 3031. Pennsylvania Council for the Prevention of Human

1Trafficking.

2(a) Establishment.--

3(1) Pursuant to the provisions of paragraph (2), the 
4Pennsylvania Council for the Prevention of Human Trafficking
5is established.

6(2) The commission may establish the council in the
7commission, subject to the availability of funds, to provide
8support for the administration of the council and for the
9implementation of the council's responsibilities or the
10commission may enter into a contract, memorandum of
11understanding or other agreement with another governmental or
12a nongovernmental entity to establish the council, provide
13support for the administration of the council and implement
14the council's responsibilities.

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

16(1) A representative of the Office of the Governor.

17(2) A representative of the Office of Attorney General.

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

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

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

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

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

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

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

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

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

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

5(13) Three representatives of local law enforcement
6agencies.

7(14) Ten representatives from nongovernmental
8organizations to include:

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

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

13(iii) agencies devoted to runaway services; and

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

16(15) A representative of the Pennsylvania Commission on
17Sentencing.

18(c) Federal government representation on council.--A
19representative from each of the following organizations
20operating within the Commonwealth may be invited by the council 
21to be members of the council:

22(1) The United States Attorneys' offices.

23(2) The Federal Bureau of Investigation.

24(3) The United States Immigration and Customs
25Enforcement.

26(4) The United States Department of Labor.

27(d) Procedural matters.--

28(1) The council shall meet at least four times annually.

29(2) The commission or entity, as appropriate under 
30subsection (a)(2), shall call and organize the first meeting

1of the council, at which time the council shall elect from
2among the membership a chair, who shall serve for two years,
3or until a successor is elected.

4(3) A simple majority of the council members shall
5constitute a quorum.

6(4) Members of the council shall serve without
7compensation, but each member may be reimbursed for any
8actual and necessary expenses incurred in the performance of
9council-related duties. Expenses may include reimbursement of
10travel and living expenses while engaged in council business.

11(5) The council shall establish rules for the conduct of
12its meetings.

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

14(1) Develop and assist the commission in implementing
15the State plan developed in section 3051 (relating to State
16Plan for the Prevention of Human Trafficking).

17(2) Enhance and support local and regional efforts to 
18deter human trafficking.

19(3) Advise and assist the commission in carrying out its
20duties under this chapter.

21§ 3032. Commission responsibilities.

22The commission shall, subject to the availability of 
23resources:

24(1) Administer the grant program established in section 
253036 (relating to grants).

26(2) Coordinate the implementation of the State plan.

27(3) Coordinate the sharing of information between
28agencies for the purposes of detecting persons engaged in
29human trafficking.

30(4) Explore the establishment of State policies for time

1limits for the issuance of law enforcement agency
2endorsements as described in Federal regulations found at 8
3CFR § 214.11(f)(1) (relating to alien victims of severe forms
4of trafficking in persons).

5(5) Recommend policies and procedures for the
6coordination of the following services for human trafficking
7victims:

8(i) Healthcare services, including mental health
9services, testing for sexually transmitted diseases,
10immunodeficiency viruses and substance abuse counseling.

11(ii) Appropriate housing, taking into account the
12victim's status as a victim of an offense enumerated
13under this chapter.

14(iii) Employment, education and training
15opportunities.

16(iv) English as a second language classes.

17(v) Interpreting services.

18(vi) Legal and immigration services.

19(vii) Child care services.

20(6) Provide administrative support or other assistance
21to the council.

22§ 3033. Training.

23(a) Course of training.--The commission shall develop a
24course of training in all aspects of human trafficking , which
25may include virtual training. The training shall be included as
26a component of certification or in-service training by, but not
27limited to:

28(1) The members of the Pennsylvania State Police.

29(2) Municipal police officers as defined in 53 Pa.C.S.
30Ch. 21 (relating to employees).

1(3) County sheriffs and deputy sheriffs.

2(4) Adult and juvenile parole and probation officers.

3(5) Agents of the Office of Attorney General.

4(6) Juvenile detention center staff.

5(c) Other agencies.--The following government entities may
6add a training component to identify victims of human 
7trafficking for use by their personnel:

8(1) The Department of Corrections.

9(2) The Department of Health.

10(3) The Department of Public Welfare.

11(4) The Department of Education.

12(5) The Department of Labor and Industry.

13(6) The Office of Victim Advocate.

14(7) The commission.

15(d) Shelter personnel.--The commission shall develop
16training materials, which may include virtual training 
17materials, for use by staff working in domestic violence, sexual
18violence and human trafficking shelters to ensure the safety of
19victims of human trafficking residing in shelters.

20§ 3034. Public awareness.

21(a) Potential victims and content.--In cooperation with
22appropriate nongovernmental organizations and the council, the
23commission shall prepare public awareness programs designed to
24educate the community on the risks of human trafficking,
25including information regarding:

26(1) Common recruitment techniques.

27(2) The use of debt bondage.

28(3) Common coercive tactics.

29(4) The health risks of maltreatment, rape, exposure to
30HIV/AIDS and sexually transmitted diseases.

1(5) The potential psychological harm.

2(6) The risks of engaging in commercial sex acts and
3possible punishment.

4(7) The rights of victims of human trafficking under
5Federal and State law.

6(8) Methods for reporting suspected recruitment
7activities.

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

10(10) Relevant hotlines, including the National Human
11Trafficking Resource Center Hotline under section 3035
12(relating to National Human Trafficking Resource Center
13Hotline).

14(b) General public awareness programs.--In cooperation with
15other appropriate governmental agencies and nongovernmental
16organizations, the commission shall prepare and disseminate
17general public awareness programs and materials to educate the
18public on the extent of human trafficking of both United States
19citizens and foreign nationals and to discourage the demand that
20fosters the exploitation of persons that leads to human
21trafficking.

22(c) Content.--General public awareness programs and
23materials under this section shall recognize and be sensitive to
24ethnic and cultural differences among victims of human 
25trafficking and may include:

26(1) The impact of human trafficking on individual
27victims.

28(2) Aggregate information on human trafficking worldwide
29and domestically.

30(3) Warnings of the criminal consequences of engaging in

1human trafficking.

2(4) Information described in paragraphs (a)(4), (5),
3(6), (7), (8), (9) and (10).

4(d) Types of materials.--Materials described in subsections
5(b) and (c) may include pamphlets, brochures, posters,
6advertisements in mass media, public service announcements and
7any other appropriate media.

8(e) Privacy protected.--All programs and materials developed
9under this section shall preserve the privacy of victims of 
10human trafficking and their families.

11(f) Periodic evaluation.--All public awareness programs
12prepared under this section shall be evaluated periodically to
13ensure their effectiveness.

14§ 3035. National Human Trafficking Resource Center Hotline.

15Information regarding the National Human Trafficking Resource
16Center Hotline shall be disseminated pursuant to the act of
17October 24, 2012 (P.L.1618, No.197), known as the National Human
18Trafficking Resource Center Hotline Notification Act.

19§ 3036. Grants.

20(a) General rule.--Subject to the availability of funds, the
21commission shall make grants to units of local government and
22nongovernmental organizations to:

23(1) Develop, expand or strengthen programs for victims 
24of human trafficking.

25(2) Ensure prevention of human trafficking.

26(3) Ensure protection of victims of human trafficking.

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

1the matter. Any transaction or vote involving a potential
2conflict of interest shall be approved only when a majority of
3disinterested council members determines that it is in the best
4interests of the grant program to do so.

5§ 3037. Role of nongovernmental organizations.

6In implementing the responsibilities assigned under sections
73031 (relating to Pennsylvania Council for the Prevention of
8Human Trafficking), 3033 (relating to training) and 3034
9(relating to public awareness), the commission shall enlist the
10cooperation of nongovernmental organizations, including the
11following:

12(1) Organizations with substantial experience serving
13victims of human trafficking, sexual violence or domestic
14violence.

15(2) Regional organizations, including task forces and
16coalitions devoted to human trafficking.

17(3) Agencies devoted to runaway services.

18(4) Agencies providing shelter and secure housing for
19victims.

20(5) Academic researchers dedicated to the subject of
21human trafficking.

22SUBCHAPTER D

23PROTECTION OF VICTIMS OF HUMAN TRAFFICKING

24Sec.

253051. State Plan for the Prevention of Human Trafficking.

263052. Civil causes of action.

273053. Protection of victims.

283054. Appropriate implementation for minor victims of human 
29trafficking.

303055. Services.

13056. Victims in shelters.

2§ 3051. State Plan for the Prevention of Human Trafficking.

3(a) Development of plan.--The council shall assist the
4commission in the development of the plan for a coordinated
5response system to provide services to victims of human 
6trafficking as provided in section 9 of the act of October 24,
72012 (P.L.1618, No.197), known as the National Human Trafficking
8Resource Center Hotline Notification Act.

9(b) Personal characteristics to be considered.--In the
10development of the State plan under this section, the council
11shall consider the following factors relevant to the victim of 
12human trafficking and the victim's dependent children:

13(1) Age.

14(2) Gender.

15(3) Special needs.

16(4) Sexual orientation.

17(5) Gender identity.

18(6) Racial and ethnic background.

19(c) Implementation.--The State plan shall be submitted to
20the commission, which shall implement the plan in compliance
21with the requirements of this section and ensure that all 
22victims of human trafficking are treated with respect for their
23human rights and dignity. The council shall review the State
24plan annually to ensure that it continues to meet the needs of
25victims of human trafficking.

26§ 3052. Civil causes of action.

27(a) General rule.--

28(1) An individual who is a victim of human trafficking
29may bring a civil action against any person that participated
30in the human trafficking of the individual in the court of

1common pleas of the county where the individual resides or
2where any of the alleged violations of this chapter occurred.

3(2) An individual who is a victim of the sex trade may
4bring a civil action in the court of common pleas of the
5county where the individual resides against a person that:

6(i) recruits, profits from or maintains the victim
7in any sex trade act;

8(ii) abuses or causes bodily harm to the victim in
9any sex trade act; and

10(iii) knowingly advertises or publishes
11advertisements for purposes of recruitment into sex trade
12activity.

13(b) Exception.--This section shall not be construed to
14create liability for any person who provides goods or services
15to the general public and to a person who would be liable under
16subsection (a)(2), absent a showing that the person:

17(1) knowingly markets or provides its goods or services
18to a person liable under subsection (a)(2);

19(2) knowingly receives a higher level of compensation
20from a person liable under subsection (a)(2); or

21(3) supervises or exercises control over a person liable
22under subsection (a)(2).

23(c) Damages.--The court may award any of the following forms
24of relief:

25(1) Actual damages.

26(2) Compensatory damages.

27(3) Punitive damages.

28(4) Injunctive relief.

29(5) Any other appropriate relief.

30(d) Attorney fees and costs.--A prevailing plaintiff who is

1a victim of human trafficking shall be awarded reasonable
2attorney fees and costs.

3(e) Treble damages.--Treble damages shall be awarded to a 
4victim of human trafficking on proof of actual damages where the
5defendant's acts were willful and malicious.

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

7(1) Two or more individuals may join in one action under
8this section as plaintiffs if their respective actions
9involve at least one defendant in common.

10(2) Two or more persons may be joined in one action
11under this section as defendants if those persons may be
12liable to at least one plaintiff in common.

13(g) Attempts at avoidance of liability.--No person may avoid
14liability under this section by:

15(1) a conveyance of any right, title or interest in real
16property; or

17(2) an agreement, including an indemnification agreement
18or hold harmless agreement, that purports to show the consent
19of the victim of human trafficking.

20(h) Statute of limitations.--The statute of limitations for
21an action under this section may be tolled under any of the
22following circumstances:

23(1) Until the plaintiff discovers that the human
24trafficking incident occurred and that the defendant caused,
25was responsible for or profited from the incident.

26(2) Until a minor victim has attained the age of
27majority.

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

1disability has been removed.

2(4) If the plaintiff's injury is caused by two or more
3incidents that are part of a human trafficking situation
4created by the same defendant, until the last human
5trafficking incident in the continuing series occurs.

6(5) If the plaintiff is subject to threats,
7intimidation, manipulation or fraud perpetrated by the
8defendant or any person acting on the defendant's behalf,
9until such actions have ceased.

10(i) Estoppel.--A defendant is estopped from asserting a
11defense of the statute of limitations when the expiration of the
12statute is due to conduct by the defendant inducing the
13plaintiff to delay the filing of the action or placing the
14plaintiff under duress.

15(j) Nondefenses.--It shall not be a defense to an action
16under this section that the following occurred:

17(1) The victim of the sex trade and the defendant had a
18consensual sexual relationship.

19(2) The defendant is related to the victim of the sex
20trade by blood or marriage.

21(3) The defendant has lived with the victim of the sex
22trade in any formal or informal household arrangement.

23(4) The victim of the sex trade was paid or otherwise
24compensated for sex trade activity.

25(5) The victim of the sex trade engaged in sex trade
26activity prior to any involvement with the defendant.

27(6) The victim of the sex trade continued to engage in
28sex trade activity following any involvement with the
29defendant.

30(7) The victim of the sex trade made no attempt to

1escape, flee or otherwise terminate the contact with the
2defendant.

3(8) The victim of the sex trade consented to engage in
4sex trade activity.

5(9) The victim of the sex trade engaged in only a single
6incident of sex trade activity.

7(10) There was no physical contact involved in the sex
8trade activity.

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

12(12) The defendant's place of business was posted with
13signs prohibiting prostitution or prostitution-related
14activities.

15(13) The victim of the sex trade has been convicted or
16charged with prostitution or prostitution-related offenses.

17(14) The victim of labor trafficking made no attempt to
18escape, flee or otherwise terminate the contact with the
19defendant.

20(k) Definitions.--The following words and phrases when used
21in this section shall have the meanings given to them in this
22subsection unless the context clearly indicates otherwise:

23"Disability." Includes insanity, imprisonment or other
24incapacity or intellectual disability.

25"Sex trade." An act, which if proven beyond a reasonable
26doubt, could support a conviction for violation or attempted
27violation of Ch. 59 (relating to public indecency) or section
286312 (relating to sexual abuse of children).

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

30(1) The object of a solicitation for prostitution.

1(2) The object of a transaction in a commercial sex act.

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

4(4) Intended or compelled to engage in a commercial sex
5act.

6(5) Described or depicted in material that advertises an
7intent or compulsion to engage in commercial sex acts.

8(6) In the case of obscenity or child pornography, has
9appeared in or been described or depicted in the offending
10conduct or material.

11§ 3053. Protection of victims.

12Law enforcement agencies shall take reasonable steps
13necessary to identify, protect and assist victims of human 
14trafficking.

15§ 3054. Appropriate implementation for minor victims of human 
16trafficking.

17(a) Best interest standard.--The provision of services to a
18minor victim of human trafficking by the Commonwealth or by any
19institution or person established or licensed by the
20Commonwealth shall be carried out in a manner that is in the
21best interest of the minor and appropriate to the particular
22situation.

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

27(1) The presence of the parent, legal guardian, foster
28parent or attorney during all testimony and court
29proceedings, if it is in the best interest of the minor.

30(2) Reuniting the minor with family members, whether

1within or without the United States, whenever safe, possible
2and in the best interest of the minor.

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

6§ 3055. Services.

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

13(b) Information for victims.--The commission shall prepare a
14model informational form to be used by any person having contact
15with victims of human trafficking that informs victims of human 
16trafficking, in a language they can understand, of the
17following:

18(1) The procedure for repatriation to the country of
19citizenship or lawful residence of the victim of human 
20trafficking.

21(2) A directory of local service organizations for 
22victims of human trafficking.

23(3) A directory of legal services organizations that can
24assist victims of human trafficking in obtaining or
25maintaining legal immigration status.

26(4) A directory of benefits for victims of human 
27trafficking under Federal and State laws.

28(d) Benefits for victims of human trafficking.--Foreign
29national victims of human trafficking and their accompanying
30dependent children shall be eligible to receive benefits as
 

1specified under the Trafficking Victims Protection Act of 2000 
2(114 Stat. 1466, 22 U.S.C. § 7101 et seq.).

3(e) Labor standards and working conditions.--The Department
4of Labor and Industry shall:

5(1) Administer labor standards regarding wages, hours of
6work and working conditions under its jurisdiction without
7regard to the legal status of the individual's right to work
8in the United States.

9(2) Report to the appropriate law enforcement agency any 
10evidence of human trafficking that may be discovered during 
11the course of an investigation of wages, hours of work and 
12working conditions.

13(f) Immigration certification.--

14(1) The Attorney General, a district attorney or any
15representative of a law enforcement agency may certify in
16writing to the United States Department of Justice or other
17Federal agency, including the United States Department of
18Homeland Security, that:

19(i) an investigation or prosecution under this
20chapter has begun; and

21(ii) an individual who may be a victim of human 
22trafficking is willing to cooperate or is cooperating
23with the investigation to enable the individual, if
24eligible under Federal law, to qualify for an appropriate
25special immigrant visa and to access available Federal
26benefits.

27(2) Cooperation with law enforcement agencies shall not
28be required of a victim of human trafficking who is a minor.

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

1designated legal representative of the victim of human 
2trafficking.

3§ 3056. Victims in shelters.

4(a) Voluntary placement.--Residence of a victim of human 
5trafficking in a shelter or other facility shall be voluntary,
6and a victim of human trafficking may decline to stay in a
7shelter or other facility.

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

9(1) shall be made without regard to race, religion,
10ethnic background, sexual orientation, country of origin or
11culture; and

12(2) may not be conditioned on whether the victim of 
13human trafficking is cooperating with a law enforcement
14agency in its attempts to prosecute persons under this
15chapter.

16SUBCHAPTER E

17MISCELLANEOUS PROVISIONS

18Sec.

193071. Funding.

203072. Nonexclusivity.

21§ 3071. Funding.

22(a) Grant applications.--In addition to any money that may
23be appropriated from time to time by the General Assembly for
24its work, the council, in conjunction with the commission, may
25apply for and expend Federal grants and grants and contributions
26from other public, quasi-public or private sources to assist in
27implementing this chapter.

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

1the administration of the council and for the implementation of
2the council's responsibilities, or the commission may enter into
3a contract, memorandum of understanding or other agreement with
4another governmental or a nongovernmental entity to establish
5the council and to provide support for the administration of the
6council and for the implementation of the council's
7responsibilities.

8§ 3072. Nonexclusivity.

9Remedies under this chapter are not exclusive and shall be in
10addition to other procedures or remedies for a violation or
11conduct provided for in other law.

<-12Section 1. Section 911(h)(1)(i) of Title 18 of the
13Pennsylvania Consolidated Statutes is amended to read:

14§ 911. Corrupt organizations.

15* * *

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

17(1) "Racketeering activity" means all of the following:

18(i) An act which is indictable under any of the
19following provisions of this title:

20Chapter 25 (relating to criminal homicide)

21Section 2706 (relating to terroristic threats)

22Chapter 29 (relating to kidnapping)

23Chapter 30 (relating to human trafficking [of
24persons])

25Chapter 33 (relating to arson, criminal mischief
26and other property destruction)

27Chapter 37 (relating to robbery)

28Chapter 39 (relating to theft and related
29offenses)

30Section 4108 (relating to commercial bribery and

1breach of duty to act disinterestedly)

2Section 4109 (relating to rigging publicly
3exhibited contest)

4Section 4117 (relating to insurance fraud)

5Chapter 47 (relating to bribery and corrupt
6influence)

7Chapter 49 (relating to falsification and
8intimidation)

9Section 5111 (relating to dealing in proceeds of
10unlawful activities)

11Section 5512 (relating to lotteries, etc.)

12Section 5513 (relating to gambling devices,
13gambling, etc.)

14Section 5514 (relating to pool selling and
15bookmaking)

16Chapter 59 (relating to public indecency).

17* * *

18An act which otherwise would be considered racketeering
19activity by reason of the application of this paragraph,
20shall not be excluded from its application solely because the
21operative acts took place outside the jurisdiction of this
22Commonwealth, if such acts would have been in violation of
23the law of the jurisdiction in which they occurred.

24* * *

25Section 2. The heading of Chapter 30 and sections 3001,
263002, 3003 and 3004 of Title 18 are repealed:

27[CHAPTER 30

28TRAFFICKING OF PERSONS

29§ 3001. Definitions.

30The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Criminal coercion." The term includes conduct defined as
4criminal coercion by section 2906 (relating to criminal
5coercion).

6"Forced labor or services." Labor or services that are
7performed or provided by another person which are obtained or
8maintained when a person:

9(1) attempts to cause, causes or by threat of physical
10menace puts another person in fear of bodily injury;

11(2) physically restrains or threatens to physically
12restrain another person unlawfully;

13(3) abuses or threatens to abuse the law or legal
14process;

15(4) possesses except as required by Federal immigration
16law or regulation, destroys, conceals, removes or confiscates
17any actual or purported passport or other immigration
18document of another person, or any other actual or purported
19government identification document of another person; or

20(5) engages in criminal coercion of another person.

21"Traffics." Recruits, entices, harbors, transports or
22provides or obtains by any means.

23§ 3002. Trafficking of persons.

24(a) Offense defined.--A person commits an offense if the
25person knowingly traffics or knowingly attempts to traffic
26another person, knowing that the other person will be subjected
27to forced labor or services.

28(b) Grading.--An offense under subsection (a) shall be
29graded a felony of the second degree unless the other person
30suffers bodily injury or the other person is an individual under

118 years of age, in which case it shall be graded as a felony of
2the first degree.

3§ 3003. Restitution for offenses.

4(a) General rule.--A person convicted of an offense under
5this chapter shall, in addition to any other remedy deemed
6appropriate by the court, be sentenced to pay the victim
7restitution, including the greater of:

8(1) the gross income or value to the person to whom the
9labor or services were performed by the victim; or

10(2) the value of the victim's labor based on the minimum
11wage of this Commonwealth.

12(b) Private remedies.--Nothing in this section shall be
13construed to preclude any other remedy at law or in equity.

14§ 3004. Forfeiture.

15(a) General rule.--The following shall be subject to
16forfeitures to the Commonwealth, and no property right shall
17exist in them:

18(1) All assets, foreign or domestic:

19(i) Of an individual, entity or organization engaged
20in planning or perpetrating an act in this Commonwealth
21which violates section 3002 (relating to trafficking of
22persons) and all assets, foreign or domestic, affording a
23person a source of influence over such individual, entity
24or organization.

25(ii) Acquired or maintained by a person with the
26intent and for the purpose of supporting, planning,
27conducting or concealing an act in this Commonwealth
28which violates section 3002.

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

1violates section 3002.

2(2) All assets within this Commonwealth:

3(i) Of an individual, entity or organization engaged
4in planning or perpetrating an act which violates section
53002.

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

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

11(b) Process and seizures.--Property subject to forfeiture
12under this section may be seized by the law enforcement
13authority upon process issued by any court of common pleas
14having jurisdiction over the property.

15(c) Custody of property.--

16(1) Property taken or detained under this section shall
17not be subject to replevin but is deemed to be in the custody
18of the law enforcement authority subject only to the orders
19and decrees of the court of common pleas having jurisdiction
20over the forfeiture proceedings and of the district attorney.

21(2) When property is seized under this section, the law
22enforcement authority shall place the property under seal and
23either:

24(i) remove the property to a place designated by it;
25or

26(ii) require that the district attorney take custody
27of the property and remove it to an appropriate location
28for disposition in accordance with law.

29(d) Transfer of property.--Whenever property is forfeited
30under this section, the property shall be transferred to the

1custody of the district attorney. The district attorney, where
2appropriate, may retain the property for official use or sell
3the property, but the proceeds from any such sale shall be used
4to pay all proper expenses of the proceedings for forfeiture and
5sale, including expenses of seizure, maintenance of custody,
6advertising and court costs. The balance of the proceeds shall
7be used for the enforcement of the criminal laws of
8Pennsylvania.

9(e) Proceedings and petition.--The proceedings for the
10forfeiture or condemnation of property, the retention or sale of
11which is provided for in this section, shall be in rem, in which
12the Commonwealth shall be the plaintiff and the property the
13defendant. A petition shall be filed in the court of common
14pleas of the judicial district where the property is located,
15verified by oath or affirmation of an officer or citizen,
16containing the following:

17(1) A description of the property seized.

18(2) A statement of the time and place where seized.

19(3) The owner, if known.

20(4) The person or persons in possession, if known.

21(5) An allegation that the property is subject to
22forfeiture pursuant to this section and an averment of
23material facts upon which forfeiture action is based.

24(6) A prayer for an order of forfeiture that the
25property be adjudged forfeited to the Commonwealth and
26condemned unless cause be shown to the contrary.

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

1follows:

2To the claimant of within described property:

3You are required to file an answer to this petition,
4setting forth your title in and right to possession of the
5property within 30 days from the service of this notice. You
6are also notified that, if you fail to file the answer, a
7decree of forfeiture and condemnation will be entered against
8the property.

9The notice shall be signed by the district attorney, deputy
10district attorney or assistant district attorney.

11(g) Notice.--

12(1) If the owner of the property is unknown or there was
13no person in possession of the property when seized or if the
14owner or such person or persons in possession at the time of
15the seizure cannot be personally served or located within the
16jurisdiction of the court, notice of the petition shall be
17given by the Commonwealth through an advertisement in only
18one newspaper of general circulation published in the county
19where the property shall have been seized, once a week for
20two successive weeks. No other advertisement of any sort
21shall be necessary, any other law to the contrary
22notwithstanding.

23(2) The notice shall contain a statement of the seizure
24of the property with a description of the property and the
25place and date of seizure and shall direct any claimants to
26the property to file a claim on or before a date given in the
27notice, which date shall not be less than 30 days from the
28date of the first publication.

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

1Commonwealth.

2(h) Unknown owner.--For purposes of this section, the owner
3or other such person cannot be found in the jurisdiction of the
4court if:

5(1) a copy of the petition is mailed to the last known
6address by certified mail and is returned without delivery;

7(2) personal service is attempted once but cannot be
8made at the last known address; and

9(3) a copy of the petition is left at the last known
10address.

11(i) Waiver of notice.--The notice provisions of this section
12are automatically waived if the owner, without good cause, fails
13to appear in court in response to a subpoena on the underlying
14criminal charges. Forty-five days after such a failure to
15appear, if good cause has not been demonstrated, the property
16shall summarily forfeit to the Commonwealth.

17(j) Hearing date.--Upon the filing of a claim for the
18property setting forth a right of possession, the case shall be
19deemed at issue, and a date and time shall be fixed for the
20hearing.

21(k) Burden of proof.--At the hearing, if the Commonwealth
22produces evidence that the property in question was unlawfully
23used, possessed or otherwise subject to forfeiture under this
24section, the burden shall be upon the claimant to show by a
25preponderance of the evidence:

26(1) That the claimant is the owner of the property or
27the holder of a chattel mortgage or contract of conditional
28sale thereon.

29(2) That the claimant lawfully acquired the property.

30(3) That the property was not unlawfully used or

1possessed by the claimant. If it appears that the property
2was unlawfully used or possessed by a person other than the
3claimant, then the claimant shall show that the unlawful use
4or possession was without his knowledge or consent. Such
5absence of knowledge or consent must be reasonable under the
6circumstances presented.

7(l) Claims of ownership.--If a person claiming the ownership
8of or right of possession to or claiming to be the holder of a
9chattel mortgage or contract of conditional sale upon the
10property, the disposition of which is provided for in this
11section, prior to the sale presents a petition to the court
12alleging lawful ownership, right of possession, a lien or
13reservation of title to the property and if, on public hearing,
14due notice of which having been given to the district attorney,
15the claimant shall prove by a preponderance of the evidence that
16the property was lawfully acquired, possessed and used by him
17or, it appearing that the property was unlawfully used by a
18person other than the claimant, that the unlawful use was
19without the claimant's knowledge or consent, then the court may
20order the property returned or delivered to the claimant. Such
21absence of knowledge or consent must be reasonable under the
22circumstances presented. Otherwise, it shall be retained for
23official use or sold in accordance with this section.]

24Section 3. Title 18 is amended by adding a chapter to read:

25CHAPTER 30

26HUMAN TRAFFICKING

27Subchapter

28A. General Provisions

29B. Prosecution of Human Trafficking

30C. Prevention of Human Trafficking

1D. Protection of Victims of Human Trafficking

2E. Miscellaneous Provisions

3SUBCHAPTER A

4GENERAL PROVISIONS

5Sec.

63001. Definitions.

7§ 3001. Definitions.

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

11"Commission." The Pennsylvania Commission on Crime and
12Delinquency.

13"Debt coercion." Exploitation of the status or condition of
14a debtor arising from a pledge by the debtor of the personal
15services of the debtor or an individual under the debtor's
16control as a security or payment for debt, if any of the
17following apply:

18(1) The value of those services as reasonably assessed
19is not applied toward the liquidation of the debt.

20(2) The length and nature of those services are not
21respectively limited and defined.

22(3) The principal amount of the debt does not reasonably
23reflect the value of the items or services for which the debt
24was incurred.

25(4) The debtor is coerced to perform sex acts as payment
26for the debt.

27(5) The creditor controls and determines the movement,
28housing and services performed by the debtor until repayment
29of the debt.

30"Extortion." As defined in section 3923 (relating to theft

1by extortion).

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

3(1) A violation of the act of March 30, 1859 (P.L.318,
4No.318) entitled "An act for the better securing the Payment
5of the Wages of Labor in certain counties of this
6Commonwealth."

7(2) A violation of the act of May 23, 1887 (P.L.181,
8No.122) entitled "An act to regulate the employment of
9labor."

10(3) A criminal violation of the act of January 30, 1974
11(P.L.13, No.6), referred to as the Loan Interest and
12Protection Law (Usury Law).

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

15(5) A violation of any other law of this Commonwealth
16governing the payment of wages for labor or services.

17"Human trafficking." Any activity in violation of section
183011 (relating to trafficking in individuals) either alone or in
19conjunction with an activity in violation of section 3012
20(relating to involuntary servitude).

21"Involuntary servitude." Labor servitude or sexual
22servitude.

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

24"Labor servitude." Labor which is performed or provided by
25another individual and is induced or obtained by any of the
26means set forth in section 3012(b) (relating to involuntary
27servitude).

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

29"Record." Information, regardless of physical form or
30characteristics, that documents a transaction or activity and

1that is created, received or retained under law or in connection
2with a transaction, business or activity. The term includes any
3of the following:

4(1) A document, paper, letter, map, book, tape,
5photograph, film or sound recording.

6(2) Information stored or maintained electronically.

7(3) A data-processed or image-processed document.

8"Serious harm." Any harm, whether physical or nonphysical
9that is sufficiently serious, under all the surrounding
10circumstances, to compel a reasonable person of the same
11background and in the same circumstances as the victim of human
12trafficking to perform or to continue performing labor or a
13service, a commercial sex act or a performance involving sex
14acts in order to avoid incurring that harm.

15"Service." Any act committed at the behest of, under the
16supervision of or for the benefit of another.

17"Sex act." Any touching or exposure of the sexual or other
18intimate parts of any individual for the purpose of gratifying
19sexual desire of any individual.

20"Sexual servitude." Any sex act or performance involving a
21sex act for which anything of value is directly or indirectly
22given, promised to or received by any individual or which is
23performed or provided by any individual, and is induced or
24obtained from:

25(1) A minor.

26(2) Any other individual by any of the means set forth
27in section 3012(b) (relating to involuntary servitude).

28"Victim of human trafficking" or "victim." An individual who
29has been subjected to human trafficking.

30SUBCHAPTER B

1PROSECUTION OF HUMAN TRAFFICKING

2Sec.

33011. Trafficking in individuals.

43012. Involuntary servitude.

53013. Patronizing a victim of sexual servitude.

63014. Unlawful conduct regarding documents.

73015. Nonpayment of wages.

83016. Obstruction of justice.

93017. Violation by business entities.

103018. Evidence and defenses to human trafficking.

113019. Victim protection during prosecution.

123020. Restitution.

133021. Asset forfeiture.

143022. Professional licenses.

153023. Cumulative remedies.

163024. Sentencing.

173025. Data collection.

18§ 3011. Trafficking in individuals.

19(a) Offense defined.--A person commits a felony of the
20second degree if the person:

21(1) recruits, entices, solicits, harbors, transports,
22provides, obtains or maintains an individual if the person
23knows or recklessly disregards that the individual will be
24subject to involuntary servitude; or

25(2) knowingly benefits financially or receives anything
26of value from any act that facilitates any activity described
27in paragraph (1).

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

1sexual servitude.

2§ 3012. Involuntary servitude.

3(a) Offense defined.--A person commits a felony of the first
4degree if the person knowingly, through any of the means
5described in subsection (b), subjects an individual to labor
6servitude or sexual servitude, except where the conduct is
7permissible under Federal or State law other than this chapter.

8(b) Means of subjecting an individual to involuntary
9servitude.--A person may subject an individual to involuntary
10servitude through any of the following means:

11(1) Causing or threatening to cause serious harm to any
12individual.

13(2) Physically restraining or threatening to physically
14restrain another individual.

15(3) Kidnapping or attempting to kidnap any individual.

16(4) Abusing or threatening to abuse the legal process.

17(5) Taking or retaining the individual's personal
18property or real property as a means of coercion.

19(6) Engaging in unlawful conduct with respect to
20documents, as defined in section 3014 (relating to unlawful
21conduct regarding documents).

22(7) Extortion.

23(8) Fraud.

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

26(10) Duress, through the use of or threat to use
27unlawful force against the person or another.

28(11) Debt coercion.

29(12) Facilitating or controlling the individual's access
30to a controlled substance.

1(13) Using any scheme, plan or pattern intended to cause
2the individual to believe that, if the individual does not
3perform the labor, services, acts or performances, that
4individual or another individual will suffer serious harm or
5physical restraint.

6§ 3013. Patronizing a victim of sexual servitude.

7(a) Offense defined.--A person commits a felony of the
8second degree if the person engages in any sex act or
9performance with another individual knowing that the act or
10performance is the result of the individual being a victim of
11human trafficking.

12(b) Investigation.--An individual arrested for a violation
13of section 5902(e) (relating to prostitution and related
14offenses) may be formally detained and questioned by law
15enforcement personnel to determine if the individual engaged in
16any sex act or performance with the alleged prostitute knowing
17that the individual is a victim of human trafficking.

18(c) Fine.--A person whose violation of this subsection
19results in a judicial disposition other than acquittal or
20dismissal shall also pay a fine of $500 to the court, to be
21distributed to the commission to fund the grant program
22established under section 3031 (relating to grants).

23§ 3014. Unlawful conduct regarding documents.

24A person commits a felony of the third degree if, to prevent
25or restrict or attempt to prevent or restrict, without lawful
26authority, the ability of an individual to move or travel, the
27person knowingly destroys, conceals, removes, confiscates or
28possesses an actual or purported:

29(1) passport or other immigration document of an
30individual; or

1(2) government identification document of an individual.

2§ 3015. Nonpayment of wages.

3(a) Offense defined.--A person who, in connection with, as a
4part of or in addition to engaging in human trafficking,
5willfully or with intent to defraud, fails or refuses to pay
6wages for or otherwise causes financial harm to an individual in
7connection with labor services rendered commits:

8(1) A misdemeanor of the third degree if the amount owed
9to the individual is less than $2,000.

10(2) A felony of the third degree, if:

11(i) the amount owed to the individual is equal to or
12greater than $2,000;

13(ii) the failure or refusal constitutes a second or
14subsequent violation of this section; or

15(iii) the person falsely denies the amount due or
16the validity of the debt.

17(b) Offenses cumulative.--A person commits a separate
18offense under this section for each calendar month during which
19the individual earned wages that the person failed to pay or was
20otherwise financially harmed.

21§ 3016. Obstruction of justice.

22A person who commits a violation of Subchapter B of Chapter
2349 (relating to victim and witness intimidation) or Chapter 51
24(relating to obstructing governmental operations) that in any
25way interferes with or prevents the enforcement of this chapter
26shall be subject to the same penalties that may be imposed for
27the offense for which the person has been charged under this
28chapter.

29§ 3017. Violation by business entities.

30(a) Penalty.--Any business entity, including a corporation

1or unincorporated association, limited liability partnership or
2company or other legal entity that knowingly aids or
3participates in any violation of this chapter, shall be subject
4to any of the following penalties:

5(1) A fine of not more than $1,000,000.

6(2) Revocation of the business entity's:

7(i) charter, if it is organized under the laws of
8this Commonwealth; or

9(ii) certificate of authority to do business in this
10Commonwealth, if the business entity is not organized
11under the laws of this Commonwealth.

12(3) Other relief as the court deems equitable, including
13forfeiture of assets or restitution as provided in this
14chapter.

15(b) Disposition of fines.--Fines imposed under this section
16shall be deposited as provided in section 3031 (relating to 
17grants).

18§ 3018. Evidence and defenses to human trafficking.

19(a) General rule.--Evidence of the following facts or
20conditions shall not constitute a defense in a prosecution for a
21violation under this chapter, nor shall the evidence preclude a
22finding of a violation under this chapter:

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

1evidence. A defendant who proposes to offer evidence of the
2alleged victim's past sexual conduct under this paragraph
3shall file a written motion and offer of proof at the time of
4trial. If, at the time of trial, the court determines that
5the motion and offer of proof are sufficient on their faces,
6the court shall order an in camera hearing and shall make
7findings on the record as to the relevance and admissibility
8of the proposed evidence under the standards of this
9paragraph.

10(2) The age of the victim of human trafficking with
11respect to the age of consent to sex or legal age of
12marriage.

13(b) Victim's consent to employment contract in labor
14servitude.--The consent of the victim of human trafficking to an
15employment contract, notwithstanding if there was not fraud
16involved in the contract's formation, shall not be a defense to
17labor trafficking if force or coercion as described in section
183012(b) (relating to involuntary servitude) were involved in the
19making of the contract.

20(c) Victim's age in sexual servitude.--Except as provided in
21section 3102 (relating to mistake as to age), evidence of a
22defendant's lack of knowledge of a person's age, or a reasonable
23mistake of age, is not a defense for a violation of this chapter
24involving the sexual servitude of a minor.

25§ 3019. Victim protection during prosecution.

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

1to the public. Any record revealing the name of the victim of
2human trafficking shall not be open to public inspection.

3(b) Affirmative defense.--An individual who is charged with
4any violation under section 5902 (relating to prostitution and
5related offenses) may offer the defense at trial that he engaged
6in the conduct charged because he was compelled to do so by
7coercion or the use of, or a threat to use, unlawful force
8against his person or the person of another, which a person of
9reasonable firmness in his situation would have been unable to
10resist.

11(c) Diversionary program.--An individual who is charged with
12violating a trespassing, loitering, obstruction of highway,
13disorderly conduct or simple possession of a controlled
14substance statute as a direct result of being a victim of human
15trafficking, where the violation is his first offense, shall be
16given first consideration for a pretrial diversionary program by
17the judicial authority with jurisdiction over the violations. If
18the individual successfully completes the diversionary program,
19the court shall order that individual's records of the charge of
20violating the statute shall be expunged as provided for under
21section 9122 (relating to expungement).

22(d) Motion to vacate conviction.--

23(1) An individual convicted under section 3503 (relating
24to criminal trespass), 5503 (relating to disorderly conduct),
255506 (relating to loitering and prowling at night time), 5507
26(relating to obstructing highways and other public passages)
27or 5902, or an offense for simple possession of a controlled
28substance committed as a direct result of being a victim of
29human trafficking may file a motion to vacate the conviction.

30(2) In order to be considered, a motion under this

1subsection must:

2(i) Be in writing.

3(ii) Be consented to by the attorney for the
4Commonwealth.

5(iii) Describe the supporting evidence with
6particularity.

7(iv) Include copies of any documents showing that
8the moving party is entitled to relief under this
9section.

10(e) Official documentation.--No official determination or
11documentation is required to grant a motion under this section,
12but official documentation from a Federal, State or local
13government agency indicating that the defendant was a victim at
14the time of the offense creates a presumption that the
15defendant's participation in the offense was a direct result of
16being a victim.

17(f) Grant of motion.--The court shall grant the motion if it
18finds that:

19(1) The moving party was convicted of an offense
20described in subsection (d)(1).

21(2) The conviction was obtained as a result of the
22moving party's having been a victim of human trafficking.

23(g) Conviction vacated.--If the motion under subsection (d)
24is granted, the court shall vacate the conviction, strike the
25adjudication of guilt and order the expungement of the record of
26the criminal proceedings. The court shall issue an order to
27expunge all records and files related to the moving party's
28arrest, citation, investigation, charge, adjudication of guilt,
29criminal proceedings and probation for the offense.

30§ 3020. Restitution.

1In addition to the provisions of section 1106 (relating to
2restitution for injuries to person or property), the following
3shall apply:

4(1) A person who violates this chapter shall be
5ineligible to receive restitution.

6(2) The following items may be included in an order of
7restitution:

8(i) For the period during which the victim of human
9trafficking was engaged in involuntary servitude, the
10greater of the following:

11(A) The value of the victim's time during the
12period of involuntary servitude as guaranteed under
13the minimum wage and overtime provisions of the laws
14of this Commonwealth.

15(B) The gross income or value to the defendant
16of the services of the victim.

17(C) The amount the victim was promised or the
18amount an individual in the position of the victim
19would have reasonably expected to earn. This clause
20shall not apply to the amount an individual would
21have reasonably expected to earn in an illegal
22activity.

23(ii) The return of property of the victim of human
24trafficking, cost of damage to the property or the
25replacement value of the property if taken, destroyed or
26damaged beyond repair as a result of human trafficking.

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

1court costs, restitution and fines) and 9730.1 (relating to
2collection of court costs, restitution and fines by private
3collection agency).

4§ 3021. Asset forfeiture.

5(a) General rule.--The following shall be subject to
6forfeiture to this Commonwealth, and no property right shall
7exist in them:

8(1) All assets, foreign or domestic:

9(i) Of an individual, entity or organization engaged
10in planning or perpetrating an act in this Commonwealth
11which violates section 3011 (relating to trafficking in
12individuals) or 3012 (relating to involuntary servitude).

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

16(iii) Acquired or maintained by a person with the
17intent and for the purpose of supporting, planning,
18conducting or concealing an act in this Commonwealth
19which violates section 3011 or 3012.

20(iv) Derived from, involved in or used or intended
21to be used to commit an act in this Commonwealth which
22violates section 3011 or 3012.

23(2) All assets within this Commonwealth:

24(i) Of an individual, entity or organization engaged
25in planning or perpetrating an act which violates section
263011 or 3012.

27(ii) Acquired or maintained with the intent and for
28the purpose of supporting, planning, conducting or
29concealing an act which violates section 3011 or 3012.

30(iii) Derived from, involved in or used or intended

1to be used to commit an act which violates section 3011
2or 3012.

3(b) Process and seizures.--

4(1) Property subject to forfeiture under this section
5may be seized by a law enforcement agency upon process issued
6by any court of common pleas having jurisdiction over the
7property.

8(2) Seizure without process may be made if:

9(i)  the seizure is incident to an arrest or a search
10under a search warrant or inspection under an
11administrative inspection warrant;

12(ii) the property subject to seizure has been the
13subject of a prior judgment in favor of the Commonwealth
14in a criminal injunction or forfeiture proceeding under
15this chapter;

16(iii) there is probable cause to believe that the
17property is dangerous to health or safety; or

18(iv) there is probable cause to believe that the
19property has been used or is intended to be used in
20violation of this chapter.

21(3) In the event that seizure without process occurs as
22provided for in paragraph (2), proceedings for the issuance
23of process shall be instituted promptly.

24(c) Custody of property.--

25(1) Property taken or detained under this section shall
26not be subject to replevin but is deemed to be in the custody
27of the law enforcement agency, the district attorney or the
28Attorney General subject only to the orders and decrees of
29the court of common pleas having jurisdiction over the
30forfeiture proceedings.

1(2) When property is seized under this section, the law
2enforcement agency 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.--If property is forfeited under
10this section, the property shall be transferred to the custody
11of the district attorney if the law enforcement authority
12seizing the property has county or local jurisdiction, or the
13Attorney General if the law enforcement authority seizing the
14property has Statewide jurisdiction. The Attorney General or
15district attorney, where appropriate, may sell the property. The
16proceeds from a sale shall first be used to pay all proper
17expenses of the proceedings for forfeiture and sale, including
18expenses of seizure, maintenance of custody, advertising and
19court costs. The balance of the proceeds shall be distributed
20under subsection (m).

21(e) Proceedings and petition.--

22(1) The proceedings for the forfeiture or condemnation
23of property shall be in rem, in which the Commonwealth shall
24be the plaintiff and the property the defendant.

25(2) A petition shall:

26(i) be filed in the court of common pleas of the
27judicial district where the property is located;

28(ii) be verified by oath or affirmation of an
29officer or citizen; and

30(iii) contain the following:

1(A) A description of the property seized.

2(B) A statement of the time and place where
3seized.

4(C) The owner, if known.

5(D) The person or persons in possession, if
6known.

7(E) An allegation that the property is subject
8to forfeiture under this section and an averment of
9material facts upon which forfeiture action is based.

10(F) A prayer for an order of forfeiture that the
11property be adjudged forfeited to the Commonwealth
12and condemned unless cause to the contrary is shown.

13(f) Service.--

14(1) A copy of the petition required under subsection (e)
15shall be served personally or by certified mail on the owner
16or the person or persons in possession at the time of the
17seizure.

18(2) The copy shall have endorsed a notice as follows:

19To the claimant of the within described property:

20You are required to file an answer to this petition,
21setting forth your title in and right to possession
22of the property within 30 days from the service of
23this notice. You are also notified that, if you fail
24to file the answer, a decree of forfeiture and
25condemnation will be entered against the property.

26(3) The notice shall be signed by the district attorney,
27deputy district attorney or assistant district attorney or
28the Attorney General or a deputy attorney general.

29(g) Notice.--

30(1) Notice of the petition shall be given by the

1Commonwealth through an advertisement in only one newspaper
2of general circulation published in the county where the
3property shall have been seized, once a week for two
4successive weeks if:

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

6(ii) there was no person in possession of the
7property when seized;

8(iii) the owner or the person or persons in
9possession at the time of the seizure cannot be
10personally served or located within the jurisdiction of
11the court.

12(2) Notwithstanding any other law to the contrary, no
13advertisement shall be required.

14(3) The notice shall:

15(i) contain a statement of the seizure of the
16property, a description of the property and the place and
17date of seizure; and

18(ii) direct any claimants to the property to file a
19claim on or before a date given in the notice, which date
20shall not be less than 30 days from the date of the first
21publication.

22(4) If no claims are filed within 30 days of
23publication, the property shall summarily forfeit to the
24Commonwealth.

25(h) Unknown owner.--For purposes of this section, the owner
26or other person cannot be found in the jurisdiction of the court
27if:

28(1) A copy of the petition is mailed to the last known
29address by certified mail and is returned without delivery.

30(2) Personal service is attempted once but cannot be

1made at the last known address.

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

4(i) Waiver of notice.--The notice provisions of this section
5are automatically waived if the owner, without good cause, fails
6to appear in court in response to a subpoena on the underlying
7criminal charges. If good cause has not been demonstrated and 45
8days have passed since the owner failed to appear, the property
9shall summarily forfeit to the Commonwealth.

10(j) Hearing date.--Upon the filing of a claim for the
11property setting forth a right of possession, the case shall be
12deemed at issue and a date and time shall be fixed for the
13hearing.

14(k) Burden of proof.--If the Commonwealth produces evidence
15at the hearing under this section that the property in question
16was unlawfully used, possessed or otherwise subject to
17forfeiture under this section, the burden shall be upon the
18claimant to show by a preponderance of the evidence that:

19(1) the claimant is the owner of the property or the
20holder of a chattel mortgage or contract of conditional sale
21thereon;

22(2) the claimant lawfully acquired the property; and

23(3) the property was not unlawfully used or possessed by
24the claimant. If it appears that the property was unlawfully
25used or possessed by a person other than the claimant, the
26claimant shall show that the unlawful use or possession was
27without his knowledge or consent. The absence of knowledge or
28consent must be reasonable under the circumstances presented.

29(l) Claims of ownership.--

30(1) A person may file a petition or answer the

1Commonwealth's petition alleging:

2(i) Ownership of the property.

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

4(iii) A lien or reservation of title to the property
5as the holder of:

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

7(B) a contract of conditional sale upon the
8property.

9(2) A public hearing shall be held, with due notice
10given to the district attorney or Attorney General.

11(3) The court may order the property returned or
12delivered to the claimant upon proof by a preponderance of
13the evidence by the claimant that:

14(i) the property was lawfully acquired, possessed
15and used by the claimant; or

16(ii) if it appears that the property was unlawfully
17used by a person other than the claimant, the unlawful
18use was without the claimant's knowledge or consent. The
19absence of knowledge or consent must be reasonable under
20the circumstances presented.

21(m) Disposition of proceeds.--Subject to subsection (d), all
22moneys forfeited and the proceeds from the sale of all property
23forfeited and seized under this section shall be paid as
24follows:

25(1) Any law enforcement agency shall be reimbursed if it
26has used its own funds in the detection, investigation,
27apprehension and prosecution of persons for violation of
28sections 3011 and 3012.

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

1formula:

2(i) Thirty percent to the office of the prosecuting
3attorney to be used to investigate and prosecute human
4trafficking cases.

5(ii) Seventy percent to the commission, one-half of
6which shall be used to fund the grant programs
7established under section 3031 (relating to grants) and
8one-half to be used by the Office of Victims' Services
9within the commission to provide services to victims of
10human trafficking in the manner set forth in Chapter 9 of
11the act of November 24, 1998 (P.L.882, No.111), known as
12the Crime Victims Act.

13(n) Assets located outside United States.--Assets of persons
14convicted of violations of sections 3011 and 3012 that are
15located outside the United States shall also be subject to
16forfeiture to the extent they can be retrieved by the
17Commonwealth.

18§ 3022. Professional licenses.

19(a) Suspension of professional license.--The professional
20license of a licensee who in the course of a violation of this
21chapter knowingly employs or permits the employment of a victim
22of human trafficking shall be suspended for a minimum period of
23one year.

24(b) Administrative procedure.--A suspension under subsection
25(a) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
26practice and procedure of Commonwealth agencies) and Ch. 7
27Subch. A (relating to judicial review of Commonwealth agency
28action).

29(c) Definition.--As used in this section, "licensee" shall 
30mean an individual, corporation, partnership, limited liability

1company or other legal entity that holds a license issued by an
2administrative board or commission under the Bureau of
3Professional and Occupational Affairs in the Department of
4State.

5§ 3023. Cumulative remedies.

6Any remedies under this chapter shall be in addition to any
7other criminal penalties or forfeitures authorized under the
8laws of this Commonwealth.

9§ 3024. Sentencing.

10The Pennsylvania Commission on Sentencing, in accordance with
1142 Pa.C.S. § 2154 (relating to adoption of guidelines for
12sentencing), shall provide for sentencing enhancements for
13courts to consider in cases involving trafficking in individuals
14and involuntary servitude.

15§ 3025. Data collection.

16The Pennsylvania Commission on Sentencing established in 42
17Pa.C.S. § 2151.2 (relating to commission) shall collect data and
18other relevant information on sentences imposed under this
19subchapter.

20SUBCHAPTER C

21PREVENTION OF HUMAN TRAFFICKING

22Sec.

233031. Grants.

243032. (Reserved).

25§ 3031. Grants.

26Subject to the availability of funds, the commission shall
27make grants to State agencies, units of local government and
28nongovernmental organizations to:

29(1) Develop, expand or strengthen programs for victims
30of human trafficking. Such programs may include:

1(i) Health services, including mental health
2services.

3(ii) Temporary and permanent housing placement.

4(iii) Legal and immigration services.

5(iv) Employment placement, education and training.

6(2) Ensure prevention of human trafficking, including
7increasing public awareness.

8(3) Ensure protection of victims of human trafficking,
9including training of first responders.

10§ 3032. (Reserved).

11SUBCHAPTER D

12PROTECTION OF VICTIMS OF

13HUMAN TRAFFICKING

14Sec.

153051. Civil causes of action.

163052. Protection of victims.

173053. Appropriate implementation for minor victims of human
18trafficking.

193054. Services.

203055. Victims in shelters.

21§ 3051. Civil causes of action.

22(a) General rule.--

23(1) An individual who is a victim of human trafficking
24may bring a civil action against any person that participated
25in the human trafficking of the individual in the court of
26common pleas of the county where the individual resides or
27where any of the alleged violations of this chapter occurred.

28(2) An individual who is a victim of the sex trade may
29bring a civil action in the court of common pleas of the
30county where the individual resides against a person that:

1(i) recruits, profits from or maintains the victim
2in any sex trade act;

3(ii) abuses or causes bodily harm to the victim in
4any sex trade act; and

5(iii) knowingly advertises or publishes
6advertisements for purposes of recruitment into sex trade
7activity.

8(b) Exception.--This section shall not be construed to
9create liability for any person who provides goods or services
10to the general public and to a person who would be liable under
11subsection (a)(2), absent a showing that the person:

12(1) knowingly markets or provides its goods or services
13to a person liable under subsection (a)(2);

14(2) knowingly receives a higher level of compensation
15from a person liable under subsection (a)(2); or

16(3) supervises or exercises control over a person liable
17under subsection (a)(2).

18(c) Damages.--The court may award any of the following forms
19of relief:

20(1) Actual damages.

21(2) Compensatory damages.

22(3) Punitive damages.

23(4) Injunctive relief.

24(5) Any other appropriate relief.

25(d) Attorney fees and costs.--A prevailing plaintiff who is
26a victim of human trafficking shall be awarded reasonable
27attorney fees and costs.

28(e) Treble damages.--Treble damages shall be awarded to a
29victim of human trafficking on proof of actual damages where the
30defendant's acts were willful and malicious.

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

2(1) Two or more individuals may join in one action under
3this section as plaintiffs if their respective actions
4involve at least one defendant in common.

5(2) Two or more persons may be joined in one action
6under this section as defendants if those persons may be
7liable to at least one plaintiff in common.

8(g) Attempts at avoidance of liability.--No person may avoid
9liability under this section by:

10(1) a conveyance of any right, title or interest in real
11property; or

12(2) an agreement, including an indemnification agreement
13or hold harmless agreement, that purports to show the consent
14of the victim of human trafficking.

15(h) Statute of limitations.--

16(1) An action may be brought under this section by an
17individual who was the victim of human trafficking while an
18adult within five years of the last act against that 
19individual that constitutes an offense under this chapter.

20(2) An action may be brought under this section by an 
21individual who was a victim of human trafficking while a 
22minor for any offense committed against the victim while the 
23victim was under 18 years of age until that victim reaches 30 
24years of age.

25(i) Estoppel.--A defendant is estopped from asserting a
26defense of the statute of limitations when the expiration of the
27statute is due to intentional conduct by the defendant knowingly
28inducing or coercing the plaintiff to delay the filing of the
29action.

30(j) Nondefenses.--It shall not be a defense to an action

1under this section that the following occurred:

2(1) The victim of the sex trade and the defendant had a
3consensual sexual relationship.

4(2) The defendant is related to the victim of the sex
5trade by blood or marriage.

6(3) The defendant has lived with the victim of the sex
7trade in any formal or informal household arrangement.

8(4) The victim of the sex trade was paid or otherwise
9compensated for sex trade activity.

10(5) The victim of the sex trade engaged in sex trade
11activity prior to any involvement with the defendant.

12(6) The victim of the sex trade continued to engage in
13sex trade activity following any involvement with the
14defendant.

15(7) The victim of the sex trade made no attempt to
16escape, flee or otherwise terminate the contact with the
17defendant.

18(8) The victim of the sex trade consented to engage in
19sex trade activity.

20(9) The victim of the sex trade engaged in only a single
21incident of sex trade activity.

22(10) There was no physical contact involved in the sex
23trade activity.

24(11) As a condition of employment, the defendant
25required the victim of the sex trade to agree not to engage
26in prostitution.

27(12) The defendant's place of business was posted with
28signs prohibiting prostitution or prostitution-related
29activities.

30(13) The victim of the sex trade has been convicted or

1charged with prostitution or prostitution-related offenses.

2(14) The victim of labor trafficking made no attempt to
3escape, flee or otherwise terminate the contact with the
4defendant.

5(k) Definitions.--The following words and phrases when used
6in this section shall have the meanings given to them in this
7subsection unless the context clearly indicates otherwise:

8"Sex trade." An act, which if proven beyond a reasonable
9doubt, could support a conviction for violation or attempted
10violation of chapter 59 (relating to public indecency) or
11section 6312 (relating to sexual abuse of children).

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

13(1) been the object of a solicitation for prostitution;

14(2) been the object of a transaction in a sex act;

15(3) been intended or compelled to engage in an act of
16prostitution;

17(4) been intended or compelled to engage in a sex act;

18(5) been described or depicted in material that
19advertises an intent or compulsion to engage in sex acts; or

20(6) in the case of obscenity or child pornography, has
21appeared in or been described or depicted in the offending
22conduct or material.

23§ 3052. Protection of victims.

24Law enforcement agencies shall take reasonable steps
25necessary to identify, protect and assist victims of human
26trafficking.

27§ 3053. Appropriate implementation for minor victims of human
28trafficking.

29The provision of services to a minor victim of human
30trafficking by the Commonwealth or by any institution or person

1established or licensed by the Commonwealth shall be carried out
2in a manner that is in the best interest of the minor and
3appropriate to the particular situation.

4§ 3054. Services.

5(a) Information for victims.--Subject to the availability of
6funding, the commission shall prepare a model informational form
7to be used by any person having contact with victims of human
8trafficking that informs victims of human trafficking, in a
9language they can understand, of the following:

10(1) The procedure for repatriation to the country of
11citizenship or lawful residence of the victim of human
12trafficking.

13(2) A directory of local service organizations for
14victims of human trafficking.

15(3) A directory of legal services organizations that can
16assist victims of human trafficking in obtaining or
17maintaining legal immigration status.

18(4) A directory of benefits for victims of human
19trafficking under Federal and State laws.

20(b) Labor standards and working conditions.--The Department
21of Labor and Industry shall:

22(1) Administer labor standards regarding wages, hours of
23work and working conditions under its jurisdiction without
24regard to the legal status of the individual's right to work
25in the United States.

26(2) Report to the appropriate law enforcement agency any
27evidence of human trafficking that may be discovered during
28the course of an investigation of wages, hours of work and
29working conditions.

30(c) Immigration certification.--

1(1) The Attorney General, a district attorney or any
2representative of a law enforcement agency may certify in
3writing to the United States Department of Justice or other
4Federal agency, including the United States Department of
5Homeland Security, that:

6(i) an investigation or prosecution under this
7chapter has begun; and

8(ii) an individual who may be a victim of human
9trafficking is willing to cooperate or is cooperating
10with the investigation to enable the individual, if
11eligible under Federal law, to qualify for an appropriate
12special immigrant visa and to access available Federal
13benefits.

14(2) Cooperation with law enforcement agencies shall not
15be required of a victim of human trafficking who is a minor.

16(3) Certification under this subsection may be made
17available to the victim of human trafficking and the
18designated legal representative of the victim of human
19trafficking.

20(d) Access to crime victims services.--Victims of human
21trafficking shall be eligible for benefits and compensation
22under the act of November 24, 1998 (P.L.882, No.111), known as 
23the Crime Victims Act.

24§ 3055. Victims in shelters.

25(a) Voluntary placement.--Residence of a victim of human
26trafficking in a shelter or other facility shall be voluntary,
27and a victim of human trafficking may decline to stay in a
28shelter or other facility.

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

30(1) shall be made without regard to race, religion,

1ethnic background, sexual orientation, country of origin or
2culture; and

3(2) may not be conditioned on whether the victim of
4human trafficking is cooperating with a law enforcement
5agency in its attempts to prosecute persons under this
6chapter.

7SUBCHAPTER E

8MISCELLANEOUS PROVISIONS

9Sec.

103071. Funding.

113072. Nonexclusivity.

12§ 3071. Funding.

13In addition to any money that may be appropriated from time
14to time by the General Assembly for its work, the commission
15may apply for and expend Federal grants and grants and
16contributions from other public, quasi-public or private sources
17to assist in implementing this chapter.

18§ 3072. Nonexclusivity.

19Remedies under this chapter are not exclusive and shall be in
20addition to other procedures or remedies for a violation or
21conduct provided for in other law.

22Section 4. Section 5708(1) of Title 18 is amended to read:

23§ 5708. Order authorizing interception of wire, electronic or
24oral communications.

25The Attorney General, or, during the absence or incapacity of
26the Attorney General, a deputy attorney general designated in
27writing by the Attorney General, or the district attorney or,
28during the absence or incapacity of the district attorney, an
29assistant district attorney designated in writing by the
30district attorney of the county wherein the suspected criminal

1activity has been, is or is about to occur, may make written
2application to any Superior Court judge for an order authorizing
3the interception of a wire, electronic or oral communication by
4the investigative or law enforcement officers or agency having
5responsibility for an investigation involving suspected criminal
6activities when such interception may provide evidence of the
7commission of any of the following offenses, or may provide
8evidence aiding in the apprehension of the perpetrator or
9perpetrators of any of the following offenses:

10(1) Under this title:

11Section 911 (relating to corrupt organizations)

12Section 2501 (relating to criminal homicide)

13Section 2502 (relating to murder)

14Section 2503 (relating to voluntary manslaughter)

15Section 2702 (relating to aggravated assault)

16Section 2706 (relating to terroristic threats)

17Section 2709.1 (relating to stalking)

18Section 2716 (relating to weapons of mass
19destruction)

20Section 2901 (relating to kidnapping)

21Section [3002] 3011 (relating to trafficking [of
22persons] in individuals)

<-23Section 3012 (relating to involuntary servitude)

24Section 3121 (relating to rape)

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

27Section 3124.1 (relating to sexual assault)

28Section 3125 (relating to aggravated indecent
29assault)

30Section 3301 (relating to arson and related offenses)

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

3Section 3502 (relating to burglary)

4Section 3701 (relating to robbery)

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

7Section 3922 (relating to theft by deception)

8Section 3923 (relating to theft by extortion)

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

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

13Section 5512 (relating to lotteries, etc.)

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

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

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

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

22* * *

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

25§ 4415. Confidential communications in presence of interpreter.

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

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

3* * *

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

6§ 4436. Confidential communications in presence of interpreter.

7An interpreter appointed under this subchapter shall not be
8compelled to testify in any judicial proceeding or
9administrative proceeding to any statements made by the person
10who is deaf and interpreted by the interpreter when the person
11who is deaf is engaged in a confidential communication as
12provided by any statute or general rule, including, but not
13limited to:

14* * *

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

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

19§ 5552. Other offenses.

20* * *

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

24* * *

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

1Title 18 (relating to crimes and offenses):

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

4Section 3012 (relating to involuntary servitude) <-as 
5it relates to sexual servitude.

6Section 3121 (relating to rape).

7Section 3122.1 (relating to statutory sexual
8assault).

9Section 3123 (relating to involuntary deviate sexual
10intercourse).

11Section 3124.1 (relating to sexual assault).

12Section 3125 (relating to aggravated indecent
13assault).

14Section 3126 (relating to indecent assault).

15Section 3127 (relating to indecent exposure).

16Section 4302 (relating to incest).

17Section 4304 (relating to endangering welfare of
18children).

19Section 6301 (relating to corruption of minors).

20Section 6312(b) (relating to sexual abuse of
21children).

22Section 6320 (relating to sexual exploitation of
23children).

24* * *

25(5) An offense under 18 Pa.C.S. § 3011 or 3012 in which
26the victim of human trafficking was not a minor any time up
27to five ten years from the date <-the human trafficking victim
28escaped from the human trafficking situation. <-of the last
29offense under this paragraph committed against the victim.

30(6) An offense under section 3012 involving labor

1servitude while the victim was a minor, any time up to <-five
<-2ten years after the victim reaches 18 years of age.

3* * *

<-4Section 7. Section 5554(2) and (3) of Title 42 are amended
5and the section is amended by adding a paragraph to read:

6§ 5554. Tolling of statute.

7Except as provided by section 5553(e) (relating to
8disposition of proceedings within two years), the period of
9limitation does not run during any time when:

10* * *

11(2) a prosecution against the accused for the same
12conduct is pending in this Commonwealth; [or]

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

19(4) a person entitled to prosecute an offense under 18
20Pa.C.S. Ch. 30 (relating to human trafficking) could not have
21reasonably discovered the offense due to circumstances
22resulting from the human trafficking situation, such as
23psychological trauma, social, cultural and linguistic
24isolation and the inability to access services.

25Section <-8 7. Title 42 is amended by adding a section to
26read:

27§ 5945.3. Confidential communications with human trafficking
28caseworkers.

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

1confidential communications with sexual assault counselors) may
2serve as a human trafficking counselor under this section.

3(b) Privilege.--

4(1) This subsection applies to all of the following:

5(i) A human trafficking caseworker.

6(ii) An interpreter.

7(2) An individual designated in paragraph (1) may not
8disclose a confidential communication without the written
9consent of the victim of human trafficking who made the
10confidential communication.

11(c) Definitions.--As used in this section, the following
12words and phrases shall have the meanings given to them in this
13subsection:

14"Confidential communication." All information, oral or
15written, transmitted between a victim of human trafficking and a
16human trafficking caseworker in the course of their
17relationship. The term includes advice, reports, statistical
18data, memoranda, working papers and records, given or made
19during that relationship, including matters transmitted between
20the human trafficking caseworker and the victim through the use
21of an interpreter.

22"Human trafficking caseworker." An individual:

23(1) who is engaged by any organization whether
24financially compensated or not;

25(2) whose primary purpose is the rendering of advice or
26assistance to a victim of human trafficking, as defined in 18
27Pa.C.S. § 3001 (relating to definitions); and

28(3) who:

29(i) holds a master's degree or higher in counseling
30or a related field;

1(ii) has an undergraduate degree or equivalent in a
2human services profession; or

3(iii) is supervised by an individual qualified under
4subparagraph (i) or (ii) and has at least 80 hours of
5training received under that supervision in:

6(A) the history of human trafficking;

7(B) civil law and criminal law as they relate to
8human trafficking;

9(C) societal attitudes toward human trafficking;

10(D) peer counseling techniques;

11(E) housing, public assistance and other
12financial resources available to meet the needs of
13victims of human trafficking;

14(F) referral services available to <-victims of
15human trafficking<- victims;

16(G) privileged communications; or

17(H) human trauma therapy counseling.

18"Interpreter." An individual who translates communications
19between a human trafficking caseworker and a victim of human
20trafficking through the use of sign language, visual, oral or
21written translation.

22Section <-9 8. Sections 9720.2 and, 9738(b) and 9799.14(c) of
23Title 42 are amended to read:

24§ 9720.2. Sentencing for trafficking of persons.

25Notwithstanding any other provision of law, a person who
26commits a violation of 18 Pa.C.S. § [3002] 3011 (relating to
27trafficking [of persons] in individuals) <-or 3012 (relating to 
28involuntary servitude) while violating:

29(1) 18 Pa.C.S. § 2901 (relating to kidnapping);

30(2) 18 Pa.C.S. § 3121 (relating to rape); or

1(3) 18 Pa.C.S. § 3123 (relating to involuntary deviate
2sexual intercourse);

3shall be sentenced up to a maximum term of life imprisonment.

4§ 9738. Victim impact statements.

5* * *

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

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

12(2) 18 Pa.C.S. § 3001 (relating to definitions).

<-13§ 9799.14. Sexual offenses and tier system.

14* * *

15(c) Tier II sexual offenses.--The following offenses shall
16be classified as Tier II sexual offenses:

17(1) 18 Pa.C.S. § 3011(b) (relating to trafficking in
18individuals).

19[(1)] (1.1) 18 Pa.C.S. § 3122.1(a)(2) (relating to 
20statutory sexual assault).

21[(1.1)] (1.2) 18 Pa.C.S. § 3124.2(a.2) and (a.3).

22[(1.2)] (1.3) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5),
23(6) or (8).

24(2) 18 Pa.C.S. § 5902(b.1) (relating to prostitution and 
25related offenses).

26(3) 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6)
27(relating to obscene and other sexual materials and
28performances).

29(4) 18 Pa.C.S. § 6312(b) and (c).

30(5) 18 Pa.C.S. § 6318 (relating to unlawful contact with

1minor).

2(6) 18 Pa.C.S. § 6320 (relating to sexual exploitation
3of children).

4(7) 18 U.S.C. § 1591 (relating to sex trafficking of
5children by force, fraud, or coercion).

6(8) 18 U.S.C. § 2243 (relating to sexual abuse of a
7minor or ward).

8(9) 18 U.S.C. § 2244 (relating to abusive sexual
9contact) where the victim is 13 years of age or older but
10under 18 years of age.

11(10) 18 U.S.C. § 2251 (relating to sexual exploitation
12of children).

13(11) 18 U.S.C. § 2251A (relating to selling or buying of
14children).

15(12) 18 U.S.C. § 2252(a)(1), (2) or (3).

16(13) 18 U.S.C. § 2260 (relating to production of
17sexually explicit depictions of a minor for importation into
18the United States).

19(14) 18 U.S.C. § 2421 (relating to transportation
20generally).

21(15) 18 U.S.C. § 2422(b).

22(16) 18 U.S.C. § 2423(a).

23(17) A comparable military offense or similar offense
24under the laws of another jurisdiction or foreign country or
25under a former law of this Commonwealth.

26(18) An attempt, conspiracy or solicitation to commit an 
27offense listed in paragraph (1), (1.1), (1.2), (1.3), (2), 
28(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), 
29(14), (15), (16) or (17).

30* * *

1Section <-10 9. Applicability is as follows:

2(1) The addition of 18 Pa.C.S. Ch. 30 shall apply to
3offenses committed on or after the effective date of this
4section.

5(2) Section 2 {repeal of 18 Pa.C.S. §§ 3001, 3002, 3003
6and 3004} of this act shall not affect the validity of a
7prosecution initiated under the repealed sections.

8Section <-11 10. This act shall take effect in 60 days.