S0060B0941A03754 DMS:EJH 11/15/19 #90 A03754
AMENDMENTS TO SENATE BILL NO. 60
Sponsor: SENATOR PHILLIPS-HILL
Printer's No. 941
Amend Bill, page 1, line 4, by striking out "and" and
inserting a comma
Amend Bill, page 1, lines 5 through 7, by striking out "; in
public" in line 5, all of line 6 and "and related offenses;" in
line 7 and inserting
and for asset forfeiture;
Amend Bill, page 1, line 8, by striking out "and for recorded
testimony"
Amend Bill, page 1, lines 12 through 14, by striking out all
of said lines and inserting
Section 1. Section 3011 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
Amend Bill, page 2, lines 8 and 9, by striking out ":
(I)"
Amend Bill, page 2, lines 11 and 12, by striking out "; AND
(II) KNOWS THAT, OR IS RECKLESS AS TO WHETHER," and
inserting
if the person knows or recklessly disregards that
Amend Bill, page 2, line 13, by striking out "AND" and
inserting
or
Amend Bill, page 2, line 27, by striking out "OR" and
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inserting
and
Amend Bill, page 2, line 29, by striking out "INDIVIDUALS"
and inserting
minors
Amend Bill, page 2, line 29, by striking out "BY THE PERSON"
Amend Bill, page 2, by inserting between lines 29 and 30
Section 2. Section 3013(a) and (c) of Title 18 are amended
and the section is amended by adding a subsection to read:
Amend Bill, page 3, line 1, by striking out all of said line
and inserting
(a) Offense defined.--
(1) A person commits a felony of the
Amend Bill, page 3, line 3, by striking out the bracket
before "knowing"
Amend Bill, page 3, lines 3 and 4, by striking out "] and
knows, reasonably should have known or recklessly disregards the
fact , "
Amend Bill, page 3, by inserting between lines 6 and 7
(2) A person commits an offense if the person engages in
any sex act or performance with another individual with
reckless disregard for whether the act or performance is the
result of the individual being a victim of human trafficking.
An offense under this paragraph constitutes:
(i) A felony of the third degree when the offense is
a first offense.
(ii) A felony of the first degree when the offense
is a second or subsequent offense.
Amend Bill, page 3, lines 14 through 17, by striking out all
of said lines and inserting
(1) Except as otherwise provided in paragraph (2):
(i) Not less than $1,000 and not more than the
maximum amount applicable under section 1101 (relating to
fines).
(ii) A person convicted of a second offense shall
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pay a fine of not less than $5,000 nor more than $25,000.
(iii) A person convicted of a third or subsequent
offense shall pay a fine of not less than $10,000 nor
more than $50,000.
(2) Not less than $10,000 no more than $50,000, if the
victim of sexual servitude was a minor at the time of the
offense.
(d) Distribution of fines.--
(1) From all fines collected under this section, 50%
shall be deposited in the Safe Harbor for Sexually Exploited
Children Fund established under section 3064 (relating to
Safe Harbor for Sexually Exploited Children Fund) and 50%
shall be deposited in the restricted account established in
paragraph (2).
(2) The Prevention of Human Trafficking Restricted
Account is established in the General Fund. The money in the
restricted account is appropriated on a continuing basis to
the commission for the purpose of funding the grant programs
under section 3031 (relating to grants).
Amend Bill, page 3, lines 18 through 30; page 4, lines 1
through 8; by striking out all of said lines on said pages and
inserting
Section 3. Section 3021(m) of Title 18 is amended to read:
ยง 3021. Asset forfeiture.
* * *
(m) Disposition of proceeds.--Subject to subsection (d), all
moneys forfeited and the proceeds from the sale of all property
forfeited and seized under this section shall be paid as
follows:
(1) Any law enforcement agency shall be reimbursed if it
has used its own funds in the detection, investigation,
apprehension and prosecution of persons for violation of
sections 3011 and 3012.
(2) Any amount remaining after reimbursement under
paragraph (1) shall be distributed under the following
formula:
(i) Thirty percent to the office of the prosecuting
attorney to be used to investigate and prosecute human
trafficking cases.
(ii) Seventy percent to the commission, one-half of
which shall be [used] deposited in the restricted account
established in section 3013(d)(2) (relating to
patronizing a victim of sexual servitude) to fund the
grant programs established under section 3031 (relating
to grants) and one-half to be used by the Office of
Victims' Services within the commission to provide
services to victims of human trafficking in the manner
set forth in Chapter 9 of the act of November 24, 1998
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(P.L.882, No.111), known as the Crime Victims Act.
* * *
Amend Bill, page 4, line 9, by striking out "3" and inserting
4
Amend Bill, page 4, line 9, by striking out "Sections 5982
and 5984.1" and inserting
Section 5982
Amend Bill, page 4, line 9, by striking out "are" and
inserting
is
Amend Bill, page 5, lines 6 through 30; page 6, lines 1
through 28; by striking out all of said lines on said pages
Amend Bill, page 6, line 29, by striking out "4" and
inserting
5
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