H0256B2919A06389 DMS:JSL 06/23/20 #90 A06389
AMENDMENTS TO HOUSE BILL NO. 256
Sponsor: SENATOR BAKER
Printer's No. 2919
Amend Bill, page 1, line 4, by striking out the period after
"prisoner" and inserting
; in sexual offenses, further providing for the offense of
institutional sexual assault; and, in registration of sexual
offenders, further providing for sexual offenses and tier
system.
Amend Bill, page 3, by inserting between lines 17 and 18
Section 2. Section 3124.2(a), (a.1) and (b) of Title 18 are
amended and the section is amended by adding a subsection to
read:
§ 3124.2. Institutional sexual assault.
(a) General rule.--Except as provided under subsection (a.1)
and in sections 3121 (relating to rape), 3122.1 (relating to
statutory sexual assault), 3123 (relating to involuntary deviate
sexual intercourse), 3124.1 (relating to sexual assault) and
3125 (relating to aggravated indecent assault), a person who is
an employee or agent of the Department of Corrections or a
county correctional authority, youth development center, youth
forestry camp, State or county juvenile detention facility,
other licensed residential facility serving children and youth,
or mental health or mental retardation facility or institution
commits a felony of the third degree when that person engages in
sexual intercourse, deviate sexual intercourse or indecent
contact with an inmate, detainee, another person being
supervised by that person under probation or parole supervision,
patient or resident.
(a.1) Institutional sexual assault of a minor.--A person who
is an employee or agent of the Department of Corrections or a
county correctional authority, youth development center, youth
forestry camp, State or county juvenile detention facility,
other licensed residential facility serving children and youth
or mental health or mental retardation facility or institution
commits a felony of the third degree when that person engages in
sexual intercourse, deviate sexual intercourse or indecent
contact with an inmate, another person being supervised by that
person under probation or parole supervision, detainee, patient
or resident who is under 18 years of age.
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* * *
(a.4) Peace officers.--
(1) Except as provided under sections 3121, 3122.1,
3123, 3124.1 and 3125, a person who is a peace officer or
employee of an agency employing a peace officer in his
official capacity commits a felony of the third degree when
the person engages in sexual intercourse, deviate sexual
intercourse or indecent contact with another person who is
under official detention or in the custody of the person or
is a confidential informant of the person.
(2) A person who is a peace officer commits a felony of
the third degree when the person engages in sexual
intercourse, deviate sexual intercourse or indecent contact
with a child who is under official detention or in the
custody of the person or is a confidential informant of the
person.
(a.5) Consent not a defense.--Consent is not a defense to a
violation of subsection (a), (a.1), (a.2), (a.3) or (a.4).
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agent." A person who is assigned to work in a State or
county correctional or juvenile detention facility, a youth
development center, youth forestry camp, other licensed
residential facility serving children and youth or mental health
or mental retardation facility or institution, who is employed
by any State or county agency or any person employed by an
entity providing contract services to the agency.
"Center for children." Includes a child day-care center,
group and family day-care home, boarding home for children, a
center providing early intervention and drug and alcohol
services for children or other facility which provides child-
care services which are subject to approval, licensure,
registration or certification by the Department of Public
Welfare or a county social services agency or which are provided
pursuant to a contract with the department or a county social
services agency. The term does not include a youth development
center, youth forestry camp, State or county juvenile detention
facility and other licensed residential facility serving
children and youth.
"Child." An individual who is less than 18 years of age.
"Confidential informant." An individual who engages in the
activity of associating with persons engaged in criminal
activity for the purpose of furnishing information to or acting
as an agent for a law enforcement agency.
"Custody." The term includes a traffic stop, a custodial
interrogation or an interview conducted in connection with an
investigation.
"Official detention." As that term is defined in section
5121 (relating to escape).
Section 3. Section 9799.14(b)(5) and (d)(6) of Title 42 are
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amended to read:
§ 9799.14. Sexual offenses and tier system.
* * *
(b) Tier I sexual offenses.--The following offenses shall be
classified as Tier I sexual offenses:
* * *
(5) 18 Pa.C.S. § 3124.2(a) and (a.4)(1) (relating to
institutional sexual assault).
* * *
(d) Tier III sexual offenses.--The following offenses shall
be classified as Tier III sexual offenses:
* * *
(6) 18 Pa.C.S. § 3124.2(a.1) and (a.4)(2).
* * *
Amend Bill, page 3, line 18, by striking out "2" and
inserting
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