Regular Session 2019-2020 Senate Bill 0060 P.N. 1391

PRIOR PRINTER'S NOS. 44, 941

PRINTER'S NO. 1391

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2019

INTRODUCED BY PHILLIPS-HILL, MARTIN, YAW, FOLMER, K. WARD,

REGAN, MENSCH, AUMENT, SCARNATI, DINNIMAN, BLAKE, DiSANTO,

HUTCHINSON, BROWNE, KILLION, BROOKS, J. WARD, SCHWANK,

ALLOWAY, BREWSTER, SANTARSIERO, YUDICHAK, COLLETT, HAYWOOD,

MUTH, TARTAGLIONE, KEARNEY AND IOVINO, JANUARY 23, 2019

AS AMENDED ON SECOND CONSIDERATION, NOVEMBER 18, 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 FOR ASSET FORFEITURE; 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 and 3013(a) and (c) of Title 18 of

the Pennsylvania Consolidated Statutes are amended to read:

SECTION 1. SECTION 3011 OF TITLE 18 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED TO READ:

§ 3011. Trafficking in individuals.

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

second degree if the person]:

(1) of the first degree if the person recruits, entices,

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solicits, advertises, harbors, transports, provides, obtains

or maintains an individual if the person knows or recklessly

disregards that the individual will be subject to

[involuntary] sexual servitude; [or]

(2) of the first degree if the person knowingly benefits

financially or receives anything of value from any act that

facilitates any activity described in paragraph (1)[.];

(3) of the second degree if the person :

(i) recruits, entices, solicits, advertises,

harbors, transports, provides, obtains or maintains an

individual ; and

(ii) knows that, or is reckless as to whether, IF

THE PERSON KNOWS OR RECKLESSLY DISREGARDS THAT the

individual will be subject to labor servitude; and OR

(4) of the second degree if the person knowingly

benefits financially or receives anything of value from an

act which facilitates activity under paragraph (3).

(b) Trafficking in minors.--[A person commits a felony of

the first degree if the person engages in any activity listed in

subsection (a) that results in a minor's being subjected to

sexual servitude.] Notwithstanding section 1103 (relating to

sentence of imprisonment for felony), a person shall be

sentenced to a term of imprisonment fixed by the court at not

more than 40 years if:

(1) the person violates subsection (a)(1) or (2); and

(2) the violation:

(i) results in a minor being subjected to sexual

servitude; or AND

(ii) is part of a course of conduct subjecting

individuals MINORS to sexual servitude by the person .

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SECTION 2. SECTION 3013(A) AND (C) OF TITLE 18 ARE AMENDED

AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 3013. Patronizing a victim of sexual servitude.

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

(A) OFFENSE DEFINED.--

(1) 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, or recklessly

disregards the fact , that the act or performance is the

result of the individual being a victim of human trafficking.

(2) A PERSON COMMITS AN OFFENSE IF THE PERSON ENGAGES IN

ANY SEX ACT OR PERFORMANCE WITH ANOTHER INDIVIDUAL WITH

RECKLESS DISREGARD FOR WHETHER THE ACT OR PERFORMANCE IS THE

RESULT OF THE INDIVIDUAL BEING A VICTIM OF HUMAN TRAFFICKING.

AN OFFENSE UNDER THIS PARAGRAPH CONSTITUTES:

(I) A FELONY OF THE THIRD DEGREE WHEN THE OFFENSE IS

A FIRST OFFENSE.

(II) A FELONY OF THE FIRST DEGREE WHEN THE OFFENSE

IS A SECOND OR SUBSEQUENT OFFENSE.

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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.

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

subsections to read:

§ 5902. Prostitution and related offenses.

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(e.3) Additional assessment for offenses under subsection

(e).--

(1) A person convicted of a second offense under

subsection (e) shall pay an additional assessment 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 assessment 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 assessment 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).

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(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2):

(I) NOT LESS THAN $1,000 AND NOT MORE THAN THE

MAXIMUM AMOUNT APPLICABLE UNDER SECTION 1101 (RELATING TO

FINES).

(II) A PERSON CONVICTED OF A SECOND OFFENSE SHALL

PAY A FINE OF NOT LESS THAN $5,000 NOR MORE THAN $25,000.

(III) A PERSON CONVICTED OF A THIRD OR SUBSEQUENT

OFFENSE SHALL PAY A FINE OF NOT LESS THAN $10,000 NOR

MORE THAN $50,000.

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(2) NOT LESS THAN $10,000 NO MORE THAN $50,000, IF THE

VICTIM OF SEXUAL SERVITUDE WAS A MINOR AT THE TIME OF THE

OFFENSE.

(D) DISTRIBUTION OF FINES.--

(1) FROM ALL FINES COLLECTED UNDER THIS SECTION, 50%

SHALL BE DEPOSITED IN THE SAFE HARBOR FOR SEXUALLY EXPLOITED

CHILDREN FUND ESTABLISHED UNDER SECTION 3064 (RELATING TO

SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND) AND 50%

SHALL BE DEPOSITED IN THE RESTRICTED ACCOUNT ESTABLISHED IN

PARAGRAPH (2).

(2) THE PREVENTION OF HUMAN TRAFFICKING RESTRICTED ACCOUNT

IS ESTABLISHED IN THE GENERAL FUND. THE MONEY IN THE RESTRICTED

ACCOUNT IS APPROPRIATED ON A CONTINUING BASIS TO THE COMMISSION

FOR THE PURPOSE OF FUNDING THE GRANT PROGRAMS UNDER SECTION 3031

(RELATING TO GRANTS).

SECTION 3. SECTION 3021(M) OF TITLE 18 IS AMENDED TO READ:

§ 3021. ASSET FORFEITURE.

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(M) DISPOSITION OF PROCEEDS.--SUBJECT TO SUBSECTION (D), ALL

MONEYS FORFEITED AND THE PROCEEDS FROM THE SALE OF ALL PROPERTY

FORFEITED AND SEIZED UNDER THIS SECTION SHALL BE PAID AS

FOLLOWS:

(1) ANY LAW ENFORCEMENT AGENCY SHALL BE REIMBURSED IF IT

HAS USED ITS OWN FUNDS IN THE DETECTION, INVESTIGATION,

APPREHENSION AND PROSECUTION OF PERSONS FOR VIOLATION OF

SECTIONS 3011 AND 3012.

(2) ANY AMOUNT REMAINING AFTER REIMBURSEMENT UNDER

PARAGRAPH (1) SHALL BE DISTRIBUTED UNDER THE FOLLOWING

FORMULA:

(I) THIRTY PERCENT TO THE OFFICE OF THE PROSECUTING

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ATTORNEY TO BE USED TO INVESTIGATE AND PROSECUTE HUMAN

TRAFFICKING CASES.

(II) SEVENTY PERCENT TO THE COMMISSION, ONE-HALF OF

WHICH SHALL BE [USED] DEPOSITED IN THE RESTRICTED ACCOUNT

ESTABLISHED IN SECTION 3013(D)(2) (RELATING TO

PATRONIZING A VICTIM OF SEXUAL SERVITUDE) TO FUND THE

GRANT PROGRAMS ESTABLISHED UNDER SECTION 3031 (RELATING

TO GRANTS) AND ONE-HALF TO BE USED BY THE OFFICE OF

VICTIMS' SERVICES WITHIN THE COMMISSION TO PROVIDE

SERVICES TO VICTIMS OF HUMAN TRAFFICKING IN THE MANNER

SET FORTH IN CHAPTER 9 OF THE ACT OF NOVEMBER 24, 1998

(P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT.

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Section 3 4. Sections 5982 and 5984.1 SECTION 5982 of Title

42 are IS 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

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

systems used to accomplish such ends.

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"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

permit the defendant to observe and hear the testimony of the

child victim or child material witness but shall ensure that the

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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

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

defendant to be present.

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(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 5. This act shall take effect in 60 days.

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