THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DEASY, BISHOP, VULAKOVICH, BRENNAN, D. COSTA, DALEY, DAVIS, DAVIDSON, DeLUCA, FABRIZIO, FRANKEL, GEORGE, GERGELY, GIBBONS, GOODMAN, HARKINS, HORNAMAN, KORTZ, MAHONEY, MANN, MATZIE, McGEEHAN, MIRABITO, MUNDY, MURT, MYERS, M. O'BRIEN, PASHINSKI, PRESTON, QUINN, READSHAW, SANTARSIERO, M. SMITH, STEVENSON, STURLA, THOMAS, WHITE AND YOUNGBLOOD, APRIL 30, 2012

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 30, 2012  

AN ACT

Requiring the Office of Attorney General and the Department of

Public Welfare to cooperate with local officials in child

abuse matters; and making appropriations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Attorney

General Mandated Reporting Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  Child sexual abuse is a serious threat to the health

and welfare of children and families in this Commonwealth,

costing taxpayers millions annually in mental health,

medical, legal, criminal justice and social service costs.

(2)  Criminals who produce, distribute and possess video

and images of children being sexually assaulted, that is,  

child pornography, create an illicit market demand for the

rape and abuse of more children in this Commonwealth and

throughout the United States.

(3)  The Pennsylvania State Police hosts Round Up to

detect and log child exploitation suspects nationwide and

deserves commendation for its outstanding leadership in

protecting the children of this Commonwealth and the nation.

(4)  The task force has been instrumental in establishing

Round Up as a service to the nation and the people of this

Commonwealth; and the task force deserves commendation for

its outstanding leadership in this area and in interdicting

child exploitation and abuse in this Commonwealth.

(5)  The dedicated men and women who investigate and

prosecute technology-facilitated child exploitation in this

Commonwealth struggle daily, without adequate resources to

investigate and arrest all known suspects and rescue their

victims.

(6)  In many communities throughout this Commonwealth,

law enforcement agencies lack the specialized training,

equipment and personnel to:

(i)  properly investigate and prosecute technology-

facilitated child exploitation; and

(ii)  mount adequate first responder activities.

(7)  Thousands of criminals who have been identified as

they upload, download or share child abuse images online in

this Commonwealth are not being investigated or arrested, due

to lack of law enforcement resources.

(8)  Research funded by the United States Department of

Justice-funded research indicates that between 40% and 55% of

these suspects may be dual offenders or contact offenders

with local child victims.

(9)  Many of the suspects identified by Round Up and

other law enforcement investigative methods are not being

investigated or referred to local law enforcement agencies,

due to:

(i)  lack of resources; or

(ii)  real or perceived lack of readiness on the part

of local law enforcement agencies.

(10)  As the chief law enforcement officer of the

Commonwealth, the Attorney General should assume

responsibility for reporting promptly to appropriate law

enforcement agencies child exploitation suspects who:

(i)  have been identified and logged into a

Pennsylvania State Police database or into any law

enforcement database to which the Pennsylvania State

Police have access; and

(ii)  are not being actively investigated.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child."  An individual or individuals under 16 years of age.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Municipality."  A city, borough, incorporated town or

township.

"Office."  The Office of Attorney General of the

Commonwealth.

"Residence."  A location where an individual resides for at

least 30 consecutive days during a year.

"Round Up."  The online enforcement investigative program

operated by the Pennsylvania State Police as a law enforcement

deconfliction database.

"Suspect."  An individual identified as accessing material

under 18 Pa.C.S. § 6312 (relating to sexual abuse of children)

as determined by existing law enforcement databases.

"Task force."  The Pennsylvania Internet Crimes Against

Children Task Force, hosted by the District Attorney of Delaware

County.

Section 4.  Notice, collection and investigation.

(a)  Notice.--Subject to section 6(a), the following apply:

(1)  Except as set forth in paragraph (2), within 24

hours of initial identification of a suspect, the office

shall notify the law enforcement agency in a municipality

where a suspect resides of the identification.

(2)  Paragraph (1) does not apply if the office

determines that a Federal, Commonwealth or local law

enforcement agency has undertaken affirmative steps by a law

enforcement officer to ascertain the identity of the suspect

in connection with a criminal investigation. Affirmative

steps include the issuance of a subpoena or warrant to

determine the identity of or arrest of the suspect.

(b)  Task force.--

(1)  The task force shall access and provide data from

Round Up or a system which meets the requirements of the

Protect Our Children Act of 2008 (Public Law 110-401, 122

Stat. 4229) to assist municipalities in conducting

investigations, forensic analysis, child victim

identification and prosecution in cases arising from notice

under subsection (a).

(2)  The task force shall provide first responder

training to law enforcement agencies in this Commonwealth to

accept and effectively act upon child exploitation referrals

from the office. Priority shall be given to law enforcement

agencies without existing expertise and resources. The task

force may utilize, for this training, a third-party entity

that has demonstrated experience in law enforcement training,

with specific expertise in the area of child exploitation.

(3)  Upon delegation under section 6(a), the task force

shall perform the functions of the office under subsection

(a).

Section 5.  Department.

The department shall assist investigating law enforcement

agencies in identifying possible child victims.

Section 6.  Office.

(a)  Coordination with task force.--

(1)  The office shall coordinate with the task force in

the implementation of this act. This paragraph requires

formal participation in the task force, including training

and certification required to access the task force's

deconfliction database.

(2)  The office may delegate to the task force the notice

function under section 4(a).

(b)  Report.--By February 1, the office, utilizing Round Up

or a system which meets the requirements of the Protect Our

Children Act of 2008 (Public Law 110-401, 122 Stat. 4229), shall

submit to the Secretary of the Senate and the Chief Clerk of the

House of Representatives a report for the prior year on:

(1)  Number of suspects identified. The information under

this paragraph shall be categorized as follows:

(i)  Number of suspects who were actively

investigated by:

(A)  the office;

(B)  the Pennsylvania State Police;

(C)  the task force or an affiliated agency;

(D)  a Federal law enforcement agency.

(ii)  Number of suspects who:

(A)  were not investigated under subparagraph

(i); and

(B)  were referred by the office to other law

enforcement agencies.

(iii)  As to investigations under subparagraph (i)

and (ii):

(A)  number of suspects arrested; and

(B)  number of child victims identified.

(iv)  Number of suspects who were not investigated.

(v)  Relationships between suspects and victims.

(2)  As to the department:

(i)  Total number of incidents of abuse and neglect

which are reported, accepted, investigated and founded by

the department. Information under this paragraph shall be

categorized by:

(A)  reports to law enforcement;

(B)  type of abuse; and

(C)  county.

(ii)  Total number of child protective orders or

removal orders petitioned for by the department, stating

all of the following:

(A)  Type of abuse.

(B)  County.

(C)  Disposition. Information under this clause

shall be categorized by type of abuse. 

(3)  As to incidents of sexual crimes against children,

total number of all of the following:

(i)  Reports to law enforcement. Information under

this subparagraph shall be categorized by:

(A)  type of offense;

(B)  relationships between offenders and victims;

and

(C)  county.

(ii)  Search warrants issued.

(iii)  Consent searches conducted.

(iv)  Polygraph examinations conducted.

(v)  Arrests.

(vi)  Initiation of prosecution under Pa.R.Crim.P.

560 (relating to information: filing, contents,

function). Information under this subparagraph shall be

categorized by:

(A)  county; and

(B)  relationship of victim to offender.

(vii)  Sentences imposed. Information under this

subparagraph shall be categorized by:

(A)  type of offense;

(B)  county;

(C)  sentence deviation from guidelines; and

(D)  time of incarceration under sentence.

(4)  Number of notifications under section 4(a).

(5)  Number of investigations by municipalities under

section 4(b).

(6)  Coordination under subsection (a).

Section 19.  Appropriation.

(a)  Task force.--The sum of $2,100,000, or as much thereof

as may be necessary, is hereby appropriated to the Pennsylvania

Internet Crimes Against Children Task Force for the fiscal year

July 1, 2012, to June 30, 2013, to carry out the provisions of

this act.

(b)  Office.--The sum of $1,250,000, or as much thereof as

may be necessary, is hereby appropriated to the Office of

Attorney General for the fiscal year July 1, 2012, to June 30,

2013, to carry out the provisions of this act.

Section 20.  Effective date.

This act shall take effect July 1, 2012, or immediately,

whichever is later.