Regular Session 2019-2020 House Bill 0012 P.N. 0036

PRINTER'S NO. 36

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2019

INTRODUCED BY GROVE, THOMAS, McCLINTON, KAUFFMAN, RYAN, SIMMONS,

SAYLOR, OTTEN, PICKETT, EVERETT, DAY, FRITZ, READSHAW,

NESBIT, NELSON, MILLARD, B. MILLER, FITZGERALD, HARKINS,

HICKERNELL, JONES, TOPPER, TOOHIL, DELOZIER, MALONEY,

SCHEMEL, LEWIS, COX, OWLETT, KLUNK, RAPP, METCALFE, HERSHEY,

GLEIM, GABLER, BOROWICZ, O'NEAL, JAMES, DIAMOND, PASHINSKI,

BERNSTINE, GREINER, COOK, KORTZ, ORTITAY, ROTHMAN, BROWN,

STRUZZI, GILLEN, YOUNGBLOOD, DeLUCA, T. DAVIS, GILLESPIE,

McNEILL, HEFFLEY, BENNINGHOFF, KEEFER, BRIGGS, DUSH,

MEHAFFIE, QUINN AND MENTZER, JANUARY 28, 2019

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in human trafficking, further providing for the

offense of trafficking in individuals and for the offense of

patronizing a victim of sexual servitude; in public

indecency, further providing for the offense of prostitution

and related offenses; and, in depositions and witnesses,

further providing for definitions and for recorded testimony.

This act may be cited as the Buyer Beware Act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 3011(a) and 3013(a) and (c) of Title 18

of the Pennsylvania Consolidated Statutes are amended to read:

§ 3011. Trafficking in individuals.

(a) Offense defined.--A person commits a felony of the

[second] first degree if the person:

(1) recruits, entices, solicits, advertises, harbors,

transports, provides, patronizes, obtains or maintains an

individual if the person knows or recklessly disregards that

the individual will be subject to involuntary servitude; or

(2) knowingly benefits financially or receives anything

of value from any act that facilitates any activity described

in paragraph (1).

* * *

§ 3013. Patronizing a victim of sexual servitude.

(a) Offense defined.--A person commits a felony of the

[second] first degree if the person engages in any sex act or

performance with another individual [knowing] and knows,

reasonably should have known or recklessly disregards the fact

that the act or performance is the result of the individual

being a victim of human trafficking.

* * *

in a judicial disposition other than acquittal or dismissal

shall also pay a fine [of $500] in one of the following amounts

to the court, to be distributed to the commission to fund the

grant program established under section 3031 (relating to

grants)[.]:

(1) Not less than $1,000 and not more than $30,000.

(2) Not less than $5,000 and not more than $100,000 if

the victim of sexual servitude was a minor at the time of the

offense.

Section 2. Section 5902 of Title 18 is amended by adding

subsections to read:

§ 5902. Prostitution and related offenses.

* * *

(e.3) Additional fines for offenses under subsection (e).--

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(1) A person convicted of a second offense under

subsection (e) shall pay an additional fine of not less than

$1,000 nor more than $20,000.

(2) A person convicted of a third offense under

subsection (e) shall pay an additional fine of not less than

$5,000 nor more than $30,000.

(3) A person convicted of a fourth or subsequent offense

under subsection (e) shall pay an additional fine of not less

than $10,000 nor more than $50,000.

(e.4) Distribution of fines.--Fines collected under this

section shall be distributed equally to the Safe Harbor for

Sexually Exploited Children Fund established under section 3064

(relating to Safe Harbor for Sexually Exploited Children Fund)

and grants under section 3031 (relating to grants).

* * *

Section 3. Sections 5982 and 5984.1 of Title 42 are amended

to read:

§ 5982. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child" or "children." An individual or individuals under

[16] 18 years of age.

"Contemporaneous alternative method." Any method of

capturing the visual images, oral communications and other

information presented during a prosecution or adjudication

involving a child victim or a child material witness and

transmitting and receiving such images, communications and other

information at or about the time of their creation, including,

but not limited to, closed-circuit television, streaming image

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sent via the Internet or an intranet and any other devices or

systems used to accomplish such ends.

"Minor." An individual who, at the time of the commission of

the offense involving sexual or physical abuse, is under 18

years of age.

"Qualified shorthand reporter." An individual engaged in the

active practice of general shorthand reporting who is skilled in

the art of verbatim reporting by the use of a written shorthand

system, whether manual or machine; or any individual who is an

official court or legislative reporter; or any individual who is

the holder of a certified shorthand reporter certificate

mandated by State or Federal law.

§ 5984.1. Recorded testimony.

(a) Recording.--Subject to subsection (b), in any

prosecution or adjudication involving a child victim or child

material witness, including a child victim of sexual or labor

servitude, the court may order that the child victim's or child

material witness's testimony be recorded for presentation in

court by any method that accurately captures and preserves the

visual images, oral communications and other information

presented during such testimony. The testimony shall be taken

under oath or affirmation before the court in chambers or in a

special facility designed for taking the recorded testimony of

children. Only the attorneys for the defendant and for the

Commonwealth, persons necessary to operate the equipment, a

qualified shorthand reporter and any person whose presence would

contribute to the welfare and well-being of the child victim or

child material witness, including persons designated under

section 5983 (relating to rights and services), may be present

in the room with the child during testimony. The court shall

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permit the defendant to observe and hear the testimony of the

child victim or child material witness but shall ensure that the

child victim or child material witness cannot hear or see the

defendant. Examination and cross-examination of the child victim

or child material witness shall proceed in the same manner as

normally permitted. The court shall make certain that the

defendant and defense counsel have adequate opportunity to

communicate for the purpose of providing an effective defense.

(b) Determination.--Before the court orders the child victim

or the child material witness, including a child victim of

sexual or labor servitude, to testify by recorded testimony, the

court must determine, based on evidence presented to it, that

testifying either in an open forum in the presence and full view

of the finder of fact or in the defendant's presence will result

in the child victim or child material witness suffering serious

emotional distress that would substantially impair the child

victim's or child material witness's ability to reasonably

communicate. In making this determination, the court may do any

of the following:

(1) Observe and question the child victim or child

material witness, either inside or outside the courtroom.

(2) Hear testimony of a parent or custodian or any other

person, such as a person who has dealt with the child victim

or child material witness in a medical or therapeutic

setting.

(1) If the court observes or questions the child victim

or child material witness, including a child victim of sexual

or labor servitude, under subsection (b)(1), the attorney for

the defendant and the attorney for the Commonwealth have the

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right to be present, but the court shall not permit the

defendant to be present.

(2) If the court hears testimony under subsection (b)

(2), the defendant, the attorney for the defendant and the

attorney for the Commonwealth have the right to be present.

Section 4. This act shall take effect in 60 days.

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