S0554B0740A07245 MSP:JSL 05/29/18 #90 A07245
AMENDMENTS TO SENATE BILL NO. 554
Sponsor: REPRESENTATIVE PETRARCA
Printer's No. 740
Amend Bill, page 1, lines 9 through 13, by striking out "in
riot, disorderly conduct and" in line 9, all of lines 10 through
12 and "and related offenses;" in line 13
Amend Bill, page 1, line 14, by striking out "immunity and
for"
Amend Bill, page 3, by inserting between lines 26 and 27
3065. Safe harbor for sexually exploited children.
Amend Bill, page 5, by inserting between lines 2 and 3
(4) Methods to minimize trauma in the detention of a
sexually exploited child.
Amend Bill, page 6, lines 12 through 30; page 7, lines 1
through 24; by striking out all of said lines on said pages and
inserting
§ 3065. Safe harbor for sexually exploited children.
(a) Safe harbor.--If it is determined by a law enforcement
officer, after reasonable detention for investigative purposes,
that an individual is under 18 years of age and is determined to
be a sexually exploited child as defined in section 3001
(relating to definitions), the individual shall be immune from:
(1) Prosecution or adjudication as a delinquent child
for a violation of sections 5507 (relating to obstructing
highways and other public passages) and 5902(a) (relating to
prostitution and related offenses).
(2) Revocation of an existing term of probation or
parole arising from a conviction or adjudication for another
offense, if the revocation is based on conduct under
paragraph (1).
(b) Exceptions to safe harbor.--The safe harbor under
subsection (a) shall not:
(1) Interfere with or prevent an investigation, arrest,
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charge, prosecution, delinquency adjudication or revocation
for violations other than a violation under subsection (a).
(2) Bar the admission of evidence in connection with the
investigation and prosecution for a violation other than a
violation under subsection (a).
(3) Bar the admission of evidence in connection with an
investigation and prosecution of an individual who does not
qualify for safe harbor as provided under this section.
(c) Detainment.--An individual determined to be a sexually
exploited child as defined in section 3001 (relating to
definitions) shall be detained no longer than necessary and only
to assist the child in securing specialized services available
under section 3062 (relating to specialized services for
sexually exploited children) or to refer the child to a county
agency if required under 42 Pa.C.S. § 6329 (relating to
dependency in lieu of delinquency).
(d) Immunity.--In addition to any other immunity or
limitation on civil liability, a law enforcement officer or
prosecuting attorney who, acting in good faith, investigates,
detains, charges or institutes delinquency proceedings against
an individual who is thereafter determined to be entitled to
immunity under this section, shall not be subject to civil
liability for the actions.
Section 5. Title 42 is amended by adding a section to read:
Amend Bill, page 7, line 25, by striking out "6329" and
inserting
6328
Amend Bill, page 8, lines 5 and 6, by striking out all of
line 5 and "(3)" in line 6 and inserting
(2)
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