PRINTER'S NO. 65
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
88
Session of
2023
INTRODUCED BY MUTH, FONTANA, FLYNN, DILLON, BREWSTER, STREET,
CAPPELLETTI, TARTAGLIONE AND COSTA, JANUARY 18, 2023
REFERRED TO JUDICIARY, JANUARY 18, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in human trafficking, further
providing for victim protection during prosecution.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3019(d) and (f) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3019. Victim protection during prosecution.
* * *
(d) Motion to vacate conviction.--
(1) An individual convicted under section 3503 (relating
to criminal trespass), 3922 (relating to theft by deception),
3929 (relating to retail theft), 5503 (relating to disorderly
conduct), 5506 (relating to loitering and prowling at night
time), 5507 (relating to obstructing highways and other
public passages) or 5902 or an offense for simple possession
of a controlled substance or an order of contempt under 42
Pa.C.S. § 4132 (relating to attachment and summary punishment
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for contempts) resulting from any of the above committed as a
direct result of being a victim of human trafficking may file
a motion to vacate the conviction.
(2) In order to be considered, a motion under this
subsection must:
(i) Be in writing.
(ii) [Be consented to by] Provide proof of notice to
the attorney for the Commonwealth.
(iii) Describe the supporting evidence with
particularity.
(iv) Include copies of any documents showing that
the moving party is entitled to relief under this
section.
* * *
(f) Grant of motion.--The court shall grant the motion if it
finds that:
(1) The moving party was convicted of an offense
described in subsection (d)(1).
(2) The moving party demonstrates by a preponderance of
the evidence that the conviction was obtained as a result of
the moving party's having been a victim of human trafficking.
* * *
Section 2. This act shall take effect in 60 days.
20230SB0088PN0065 - 2 -
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