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PRINTER'S NO. 965
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
851
Session of
2015
INTRODUCED BY GREENLEAF, LEACH, DINNIMAN, TEPLITZ, FONTANA,
PILEGGI, TARTAGLIONE, COSTA, RAFFERTY, SCHWANK, YUDICHAK AND
AUMENT, MAY 28, 2015
REFERRED TO JUDICIARY, MAY 28, 2015
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
definitions; repealing provisions relating to appropriate
implementation for minor victims of human trafficking;
providing for special relief to restore victim's dignity and
autonomy; adding provisions relating to safe harbor for
sexually exploited children by imposing duties on law
enforcement officers and the Department of Human Services and
establishing the Safe Harbor for Sexually Exploited Children
Fund; in public indecency, further providing for the offense
of prostitution and related offenses; and, in juvenile
matters, further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3001 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 3001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of Human Services of the
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Commonwealth.
* * *
"Fund." The Safe Harbor for Sexually Exploited Children Fund
established by this chapter.
* * *
"Sexually exploited child." Any person under 18 years of age
who has been subject to sexual exploitation because the person:
(1) is a victim of human trafficking;
(2) is a victim of an offense committed under 18 U.S.C.
§ 1591 (relating to sex trafficking of children or by force,
fraud or coercion); or
(3) engages in an act of prostitution under section
5902(a) (relating to prostitution and related offenses).
* * *
Section 2. Section 3053 of Title 18 is repealed:
[§ 3053. Appropriate implementation for minor victims of human
trafficking.
The provision of services to a minor victim of human
trafficking by the Commonwealth or by any institution or person
established or licensed by the Commonwealth shall be carried out
in a manner that is in the best interest of the minor and
appropriate to the particular situation.]
Section 3. Title 18 is amended by adding a section to read:
§ 3056. Special relief to restore victim's dignity and
autonomy.
(a) General rule.--Any person who is a victim of human
trafficking and has been tattooed or branded with an identifying
mark of human trafficking as a direct result of being trafficked
may be eligible for special relief.
(b) Form of special relief.--
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(1) Victims of human trafficking may be reimbursed
through the fund for the costs of removing or covering up the
tattoo with an identifying mark if the cost equals or exceeds
$100.
(2) No reimbursement shall be paid if the claimant has
incurred reimbursable expenses of less than $100. There shall
be a $10,000 maximum recovery amount per claimant.
(3) If expenses paid through the fund for this purpose
are later recovered by insurance settlements, civil suit
settlements or restitution, the claimant shall reimburse the
fund for the full amount of tattoo removal expenses
recovered.
Section 4. Chapter 30 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER F
SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN
Sec.
3081. Law enforcement officer duty to report.
3082. Statewide protocol.
3083. Specialized services for sexually exploited children.
3084. Safe house for sexually exploited children.
3085. Law enforcement training.
3086. Safe Harbor for Sexually Exploited Children Fund.
§ 3081. Law enforcement officer duty to report.
A law enforcement officer shall immediately report an
allegation of child sexual exploitation to the department if the
law enforcement officer encounters a person under 18 years of
age who:
(1) engages in any conduct that is a violation of
section 5902(a) (relating to prostitution and related
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offenses);
(2) is a victim of human trafficking; or
(3) is otherwise suspected of being a sexually exploited
child.
§ 3082. Statewide protocol.
The department shall develop a Statewide protocol to
efficiently and effectively coordinate the provision of
specialized services to sexually exploited children and shall
collaborate with court intake officers to ensure that all
Federal, State and community-based resources for sexually
exploited children are made known and available to sexually
exploited children.
§ 3083. Specialized services for sexually exploited children.
The department shall, in conjunction with county agencies for
child welfare services:
(1) develop specialized programs and services for
sexually exploited children that address a victim's needs,
including, but not limited to:
(i) safe long-term housing;
(ii) access to education;
(iii) employment and life-skills training;
(iv) trauma therapy;
(v) counseling and mental health services;
(vi) treatment for drug or alcohol dependency;
(vii) medical and dental care;
(viii) access to personal care items and adequate
clothing; and
(ix) any other needs that sexually exploited
children may have.
(2) ensure that the following services are provided and
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referred to sexually exploited children:
(i) Safe, supportive and stable housing available
for no less than one year in the aggregate supplemented
with the supervision of a human trafficking caseworker as
defined in 42 Pa.C.S. § 5945.3 (relating to confidential
communications with human trafficking caseworkers).
(ii) Comprehensive onsite case management.
(iii) Integrated mental health and chemical
dependency services, including specialized trauma
recovery services.
(iv) Education, employment and life skills training
performed onsite.
(v) Referrals to offsite specialized services, as
appropriate.
§ 3084. Safe house for sexually exploited children.
(a) General rule.--The department may, to the extent funds
are available, operate or contract with an appropriate
nongovernmental agency with experience working with sexually
exploited children to operate one or more safe houses in this
Commonwealth. Each safe house shall provide safe and secure
housing and specialized services as itemized in section 3083
(relating to specialized services for sexually exploited
children) for sexually exploited children.
(b) Construction.--Nothing in this section shall be
construed to preclude a county agency for child welfare services
from applying for and accepting grants, gifts and bequests for
funds from private individuals, foundations and the Federal
Government for the purpose of creating or carrying out the
duties of a safe house for sexually exploited children.
§ 3085. Law enforcement training.
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The Municipal Police Officers' Education and Training
Commission and the Pennsylvania State Police, in consultation
with the Pennsylvania District Attorneys Association, shall
arrange for or provide training to intake officers, law
enforcement, prosecutors and any other appropriate staff. The
training shall focus on:
(1) methods used to identify a sexually exploited child;
(2) methods used to interview and engage with a sexually
exploited child; and
(3) relevant information required to provide assistance
with access to victims' services for a sexually exploited
child.
§ 3086. Safe Harbor for Sexually Exploited Children Fund.
(a) Establishment of fund.--
(1) The Safe Harbor for Sexually Exploited Children Fund
is established in the State Treasury and shall be
administered by the department through grants made to State
agencies, units of local government and nongovernmental
organizations.
(2) Appropriations by the General Assembly and all
monetary assessments paid and interest accrued on funds
collected under subsection (b) shall be deposited into the
fund.
(3) In addition to any money that may be appropriated by
the General Assembly, the department may apply for and expend
Federal grants and grants and contributions from other
public, quasi-public or private sources to assist in
implementing this subchapter.
(4) Money in the fund shall be used to create and
enhance victims' services to increase public awareness
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through an anti-demand campaign and to protect sexually
exploited children.
(5) The department may also use the fund to make grants
for nongovernmental service providers working with sexually
exploited children and to satisfy costs of operating and
maintaining the fund.
(b) Assessment.--
(1) Any person who is convicted, pleads guilty or nolo
contendere to an offense under section 3011 (relating to
trafficking in individuals), section 3012 (relating to
involuntary servitude) or section 5902(b) or (b.1) (relating
to prostitution and related offenses), shall be ordered to
pay a mandatory monetary assessment of $5,000.
(2) Any person who is convicted, pleads guilty or nolo
contendere to an offense under section 5902(e) shall be
ordered to pay a mandatory monetary assessment of $2,500.
(3) Any person who is convicted, pleads guilty or nolo
contendere to an offense under section 5902(e), when the
person knew or should have known the victim was under 18
years of age, shall be ordered to pay a mandatory monetary
assessment of $5,000.
(4) Notwithstanding any law to the contrary, the
assessments provided by this subsection shall be in addition
to and not in lieu of and shall not be used to offset or
reduce any fine authorized or required by law.
Section 5. Section 5902 of Title 18 is amended by adding a
subsection to read:
§ 5902. Prostitution and related offenses.
* * *
(a.2) Sexually exploited children.--If it is determined,
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after a reasonable detention for investigative purposes, that a
person suspected of or charged with a violation under this
section is a person under 18 years of age, the person:
(1) Shall be immune from prosecution under this section.
(2) May not be jailed, fined, prosecuted, charged or
otherwise penalized under this section.
(3) Shall be treated as a sexually exploited child in
accordance with Chapter 30 (relating to human trafficking).
* * *
Section 6. The definition of "delinquent act" in section
6302 of Title 42 is amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Delinquent act."
(1) The term means an act designated a crime under the
law of this Commonwealth, or of another state if the act
occurred in that state, or under Federal law, or under local
ordinances or an act which constitutes indirect criminal
contempt under Chapter 62A (relating to protection of victims
of sexual violence or intimidation) with respect to sexual
violence or 23 Pa.C.S. Ch. 61 (relating to protection from
abuse).
(2) The term shall not include:
(i) The crime of murder.
(ii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
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Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
(relating to kidnapping).
(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
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which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
(iv) Summary offenses, unless the child fails to
comply with a lawful sentence imposed thereunder, in
which event notice of such fact shall be certified to the
court.
(v) A crime committed by a child who has been found
guilty in a criminal proceeding for other than a summary
offense.
(vi) Prostitution and related offenses as defined in
18 Pa.C.S. § 5902 (relating to prostitution and related
offenses).
(vii) Any offense committed when the child is under
18 years of age and is determined to be a sexually
exploited child as defined in 18 Pa.C.S. § 3011 (relating
to trafficking in individuals) or 3012 (relating to
involuntary servitude), including:
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(A) 18 Pa.C.S. § 3503 (relating to criminal
trespass);
(B) 18 Pa.C.S. § 5503 (relating to to disorderly
conduct);
(C) 18 Pa.C.S. § 5506 (relating to loitering and
prowling at night time);
(D) 18 Pa.C.S. § 5507 (relating to obstructing
highways and other public passages);
(E) 18 Pa.C.S. § 4914 (relating to false
identification to law enforcement authorities);
(F) an offense for simple possession of a
controlled substance committed as a direct result of
being a victim of human trafficking.
* * *
Section 7. This act shall take effect in 60 days.
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