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, WATSON, EVERETT, OBERLANDER, BRIGGS, BEYER, KILLION, GILLESPIE, MOUL, RAPP, DALEY, MILNE, FARRY, PETRARCA, MURT, MUNDY, BROWN, GINGRICH AND DEASY, JUNE 14, 2010

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 24, 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

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Consolidated Statutes is amended and the section is amended by

adding subsections to read:

Section 1.  Section 3124.2 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 3124.2.  Institutional sexual assault.

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(a)  General rule.--Except as provided in sections 3121

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(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, patient or resident.

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

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(a.1)  Schools.--

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(1)  Except as provided in sections 3121, 3122.1, 3123,

3124.1 and 3125, a person who is a volunteer or an employee

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of a public or private school, intermediate unit or area

vocational-technical school, including, but not limited to, a

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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,

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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.

(2)  As used in this subsection, the term "employee"

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shall include, but not be limited to, a teacher, substitute

teacher, janitor, cafeteria worker, counselor, coach,

athletic trainer or independent contractor.

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

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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

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(relating to definitions), a center for children commits a

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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

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is younger than 18 years of age at the time of the sexual

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intercourse, deviate sexual intercourse or indecent contact who

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is receiving services at the center.

(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.

"Center for children."  Includes a child day-care center,

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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.

"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.