THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KAUFFMAN, METCALFE, AUMENT, BAKER, BLOOM, BOYD, COHEN, D. COSTA, COX, CREIGHTON, CUTLER, DALEY, DAY, DENLINGER, FARRY, GEIST, GINGRICH, GOODMAN, GRELL, GROVE, HARHART, HARKINS, HICKERNELL, HORNAMAN, M.K. KELLER, KORTZ, KULA, MAHER, MILLARD, MILLER, MILNE, MOUL, PEIFER, PYLE, READSHAW, REESE, ROCK, STERN, STEVENSON, TALLMAN, TAYLOR, TOOHIL, VULAKOVICH, WATSON, WHEATLEY, YOUNGBLOOD, SCHRODER, GILLEN, SWANGER, MIRABITO, BOBACK, RAPP, MURT, HEFFLEY, MALONEY AND TOBASH, MARCH 1, 2011

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 1, 2011   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, prohibiting smuggling of human beings 

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further providing for trafficking of persons.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The heading of Chapter 30 of Title 18 of the

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Pennsylvania Consolidated Statutes is amended and the chapter is

amended by adding a subchapter heading to read:

CHAPTER 30

TRAFFICKING OF PERSONS AND SMUGGLING OF HUMAN BEINGS

SUBCHAPTER A

TRAFFICKING OF PERSONS

Section 2.  Chapter 30 of Title 18 is amended by adding a

subchapter to read:

SUBCHAPTER B

SMUGGLING OF HUMAN BEINGS

Sec.

3021.  Definitions.

3022.  Smuggling of human beings.

§ 3021.  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:

"Smuggling of human beings."  Transportation, procurement of

transportation or use of property or real property by a person

or an entity knowing, or having reason to know, that the person

or persons transported or to be transported are unlawfully

present in the United States in violation of law.

§ 3022.  Smuggling of human beings.

(a)  General rule.--A person who intentionally engages in the

smuggling of human beings for profit or other commercial purpose

commits a felony of the third degree.

(b)  Lawful stop.--Notwithstanding any other law, a law

enforcement officer engaged in the enforcement of this section

may lawfully stop a person who is operating a motor vehicle if

the officer has reasonable suspicion to believe that the person

is in violation of any provision of 75 Pa.C.S. (relating to

vehicles).

Section 1.  Section 3002 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 3002.  Trafficking of persons.

(a)  Offense defined.--A person commits an offense if the

person [knowingly] does any of the following:

(1)  Knowingly traffics or knowingly attempts to traffic

another person, knowing that the other person will be

subjected to forced labor or services.

(2)  For the purpose of financial gain, intentionally

traffics another person with knowledge or reason to know that

the other person:

(i)  is not a citizen of the United States; and

(ii)  cannot produce Federal documentation pertaining

to presence in the United States.

(b)  Grading.--[An]

(1)  Except as set forth in paragraph (2):

(i)  an offense under subsection [(a)] (a)(1) shall

be graded a felony of the second degree [unless]; and

(ii)  an offense under subsection (a)(2) shall be

graded a felony of the third degree.

(2)  If the other person suffers bodily injury or the

other person is an individual under 18 years of age, [in

which case it] an offense under subsection (a) shall be

graded as a felony of the first degree.

Section 3 2.  This act shall take effect in 60 days.

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