THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SHAPIRO, VEREB, BAKER, BELFANTI, BOYD, BRADFORD, BRENNAN, CARROLL, CHRISTIANA, CLYMER, CUTLER, DePASQUALE, FLECK, GERBER, GOODMAN, GROVE, HARHART, HARPER, HARRIS, HICKERNELL, HOUGHTON, KORTZ, KULA, MANN, MICOZZIE, MILLARD, M. O'BRIEN, O'NEILL, PASHINSKI, PYLE, READSHAW, ROCK, SIPTROTH, K. SMITH, M. SMITH, SWANGER, TRUE, VULAKOVICH, WAGNER AND WATSON, JUNE 14, 2010

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2010  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for institutional

sexual assault.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3124.2(b) of Title 18 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding subsections to read:

§ 3124.2.  Institutional sexual assault.

* * *

(a.1)  Schools.--Except as provided in sections 3121, 3122.1,

3123, 3124.1 and 3125, a person who is an employee of a public

or private school, intermediate unit or area vocational-

technical school, including, but not limited to, a teacher,

substitute teacher, janitor, cafeteria worker, counselor,

volunteer, coach, trainer or independent contractor, commits a

felony of the third degree when he engages in sexual

intercourse, deviate sexual intercourse or indecent contact with

a student of the school who is younger than 18 years of age at

the time of the sexual intercourse, deviate sexual intercourse

or indecent contact. A conviction under this subsection shall

also constitute a bar to employment under section 111 of the act

of March 10, 1949 (P.L.30, No.14), known as the Public School

Code of 1949.

(a.2)  Child-care.--Except as provided for in sections 3121,

3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an

employee of child-care services, as defined in 23 Pa.C.S. § 6303

(relating to definitions), commits a felony of the third degree

when he engages in sexual intercourse, deviate sexual

intercourse or indecent contact with a child receiving child-

care services under his supervision who is younger than 18 years

of age at the time of the sexual intercourse, deviate sexual

intercourse or indecent contact.

(b)  [Definition.--As used in this section, the term "agent"

means 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.] 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.

"Independent contractor."  A person who has a contract with a

public or private school, intermediate unit or area vocational-

technical school for the purpose of performing a service for the

public or private school, intermediate unit or area vocational-

technical school.

Section 2.  This act shall take effect in 60 days.