Amendment 7538 to Senate Bill 1075 P.N. 2002, Regular Session 2019-2020

S1075B2002A07538 SFR:NLG 10/02/20 #90 A07538

AMENDMENTS TO SENATE BILL NO. 1075

Sponsor: SENATOR ARNOLD

Printer's No. 2002

Amend Bill, page 1, lines 1 through 7, by striking out all of

said lines and inserting

Amending Titles 18 (Crimes and Offenses), 23 (Domestic

Relations) and 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in minors, further

providing for the offense of sexual abuse of children; in

child protective services, providing for task force on child

pornography; and, in sentencing, further providing for

sentencing for offenses involving sexual abuse of children.

Amend Bill, page 2, lines 13 through 30; pages 3 through 6,

lines 1 through 30; page 7, lines 1 through 4; by striking out

all of said lines on said pages and inserting

Section 2. Title 23 is amended by adding a section to read:

§ 6388. Task Force on Child Pornography.

(a) E stablishment.--The Task Force on Child Pornography is

established.

(b) Purpose.--The purpose of the task force is to conduct a

review to ascertain any inadequacies relating to the offense of

child pornography in 18 Pa.C.S. § 6312 (relating to sexual abuse

of children).

following members, who shall be appointed within 25 days after

the effective date of this section:

(1) The Secretary of Human Services or a designee.

(2) The Attorney General or a designee.

(3) The Commissioner of the Pennsylvania State Police or

a designee.

(4) The Chairman of the Pennsylvania Commission on Crime

and Delinquency or a designee.

(5) The Executive Director of the Pennsylvania

Commission on Sentencing or a designee.

(6) Two members of the Senate, one appointed by the

President pro tempore of the Senate and one appointed by the

Minority Leader of the Senate.

(7) Two members of the House of Representatives, one

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appointed by the Speaker of the House of Representatives and

one appointed by the Minority Leader of the House of

Representatives.

(8) The Victim Advocate from the Office of Victim

Advocate or a designee from that office.

(9) The President of the Pennsylvania District Attorneys

Association or a designee.

(10) The Director of the Pennsylvanian Coalition Against

Rape or a designee.

(11) One member of the Pennsylvania Sexual Offenders

Assessment Board. If possible, the member shall be a member

of the Association for the Treatment of Sexual Abusers.

(12) One member of the Pennsylvania Internet Crimes

Against Children (ICAC) Task Force.

(13) The director of a rape crisis center located in

this Commonwealth or a designee, appointed by the Governor.

(14) One representative of a children's advocacy center

that assists in the investigation, prosecution and treatment

of child sexual and physical abuse cases, appointed by the

Governor.

(15) Two medical professionals that specialize in the

field of child sexual abuse, one of whom shall be appointed

by the President pro tempore of the Senate and one of whom

shall be appointed by the Speaker of the House of

Representatives.

(16) One member of the public, appointed by the

President pro tempore of the Senate.

(17) One member of the public, appointed by the Speaker

of the House of Representatives.

(d) Chairperson.--The Governor shall select the chairperson

of the task force.

(e) Member requirements.--

(1) Appointed members of the task force must be

individuals who have experience in investigations or

prosecutions or are victims of child pornography or sexual

abuse of children.

(2) The appointment of members must reflect the

geographic diversity of this Commonwealth.

(f) Meetings and expenses.--The task force shall conduct its

business as follows:

(1) The task force shall meet at least four times but

may hold additional meetings as determined by the chairperson

of the task force.

(2) The chairperson of the task force shall schedule a

meeting upon written request of eight members of the task

force.

(3) The first meeting of the task force shall be

convened within 45 days of the effective date of this

section.

(4) The task force shall hold public hearings as

necessary to obtain the information required to conduct its

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review.

(5) Action of the task force shall be authorized or

ratified by majority vote of the members of the task force.

(6) The Pennsylvania Commission on Crime and Delinquency

and the Joint State Government Commission shall cooperate to

provide administrative or other assistance to the task force.

(7) The members of the task force shall not receive

compensation but shall be reimbursed for reasonable and

necessary expenses incurred in the service of the task force.

(g) Powers.--The task force shall have the following powers:

(1) To recommend any improvements relating to the

investigation and prosecution of child pornography as defined

in 18 Pa.C.S. § 6312.

(2) To recommend any necessary changes in State statutes

and practices, policies and procedures relating to the

recognition or prosecution of child pornography as defined in

18 Pa.C.S. § 6312.

(h) Report.--

(1) Within one year of the first meeting of the task

force, the task force shall submit a report with its

recommendations to the following:

(i) The Governor.

(ii) The President pro tempore of the Senate.

(iii) The Speaker of the House of Representatives.

(iv) The chairperson and minority chairperson of the

Judiciary Committee of the Senate.

(v) The chairperson and minority chairperson of the

Judiciary Committee of and the House of Representatives.

(2) The report under this subsection must be adopted at

a public meeting of the task force.

(3) The report under this subsection shall be a public

record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(i) Definition.--As used in this section, the term "task

force" means the Task Force on Child Pornography established in

this section.

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