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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STEPHENS, CLYMER, CUTLER, GEIST, GINGRICH, GROVE, KILLION, KNOWLES, MALONEY, MURT, SONNEY, VEREB AND WATSON, MARCH 3, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offense of |
3 | institutional sexual assault. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3124.2 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 3124.2. Institutional sexual assault. |
9 | (a) General rule.--Except as provided in sections 3121 |
10 | (relating to rape), 3122.1 (relating to statutory sexual |
11 | assault), 3123 (relating to involuntary deviate sexual |
12 | intercourse), 3124.1 (relating to sexual assault) and 3125 |
13 | (relating to aggravated indecent assault), a person who is an |
14 | employee or agent of the Department of Corrections or a county |
15 | correctional authority, youth development center, youth forestry |
16 | camp, State or county juvenile detention facility, other |
17 | licensed residential facility serving children and youth, or |
18 | mental health or mental retardation facility or institution |
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1 | commits a felony of the third degree when that person engages in |
2 | sexual intercourse, deviate sexual intercourse or indecent |
3 | contact with an inmate, detainee, patient or resident. |
4 | (a.1) Schools.-- |
5 | (1) Except as provided in sections 3121, 3122.1, 3123, |
6 | 3124.1 and 3125, a person who is a volunteer or an employee |
7 | of a school commits a felony of the third degree when he |
8 | engages in sexual intercourse, deviate sexual intercourse or |
9 | indecent contact with a student of any school. A conviction |
10 | under this subsection shall also constitute a bar to |
11 | employment under section 111 of the act of March 10, 1949 |
12 | (P.L.30, No.14), known as the Public School Code of 1949. |
13 | (2) As used in this subsection, the term "employee" |
14 | shall include a teacher, substitute teacher, janitor, |
15 | cafeteria worker, counselor, coach, athletic trainer or |
16 | independent contractor, except those independent contractors |
17 | who have no direct contact with students. |
18 | (a.2) Child-care.--Except as provided in sections 3121, |
19 | 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an |
20 | employee of a center for children commits a felony of the third |
21 | degree when he engages in sexual intercourse, deviate sexual |
22 | intercourse or indecent contact with a child who is receiving |
23 | services at the center. |
24 | (b) [Definition.--As used in this section, the term "agent" |
25 | means a person who is assigned to work in a State or county |
26 | correctional or juvenile detention facility, a youth development |
27 | center, youth forestry camp, other licensed residential facility |
28 | serving children and youth, or mental health or mental |
29 | retardation facility or institution who is employed by any State |
30 | or county agency or any person employed by an entity providing |
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1 | contract services to the agency.] Definitions.--As used in this |
2 | section, the following words and phrases shall have the meanings |
3 | given to them in this subsection unless the context clearly |
4 | indicates otherwise: |
5 | "Agent." A person who is assigned to work in a State or |
6 | county correctional or juvenile detention facility, a youth |
7 | development center, youth forestry camp, other licensed |
8 | residential facility serving children and youth or mental health |
9 | or mental retardation facility or institution, who is employed |
10 | by any State or county agency or any person employed by an |
11 | entity providing contract services to the agency. |
12 | "Center for children." Includes a child day-care center, |
13 | group and family day-care home, boarding home for children, a |
14 | center providing early intervention and drug and alcohol |
15 | services for children or other facility which provides child- |
16 | care services which are subject to approval, licensure, |
17 | registration or certification by the Department of Public |
18 | Welfare or a county social services agency or which are provided |
19 | pursuant to a contract with the department or a county social |
20 | services agency. The term does not include a youth development |
21 | center, youth forestry camp, State or county juvenile detention |
22 | facility and other licensed residential facility serving |
23 | children and youth. |
24 | "Independent contractor." A person who has a contract with a |
25 | school for the purpose of performing a service for the school. |
26 | "School." A public or private school, intermediate unit or |
27 | area vocational-technical school. |
28 | Section 2. This act shall take effect in 60 days. |
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