THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STEPHENS, CLYMER, CUTLER, GEIST, GINGRICH, GROVE, KILLION, KNOWLES, MALONEY, MURT, SONNEY, VEREB, WATSON, FLECK, O'NEILL, OBERLANDER, HARHART, MOUL, MILNE, FARRY AND SHAPIRO, MARCH 3, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 26, 2011   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the offense of

institutional sexual assault.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3124.2 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3124.2.  Institutional sexual assault.

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

(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.--

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

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

of a school commits a felony of the third degree when he

engages in sexual intercourse, deviate sexual intercourse or

indecent contact with a student of any the school. A 

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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"

shall include a teacher, substitute teacher, janitor,

cafeteria worker, counselor, coach, athletic trainer or

independent contractor, except those independent contractors

who have no direct contact with students.

(2)  As used in this subsection, the following terms

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shall have the meanings given to them in this paragraph:

(i)  "Employee."  The term means and includes a

professional employee as defined herein, a substitute

teacher, a janitor, a cafeteria worker, a bus driver, a

teacher aide, an independent contractor as defined

herein, a coach, an athletic trainer, any coach hired as

an independent contractor by the PIAA or any athletic

trainer hired as an independent contractor by the PIAA.

The term does not include a student employed at the

school.

(ii)  "Independent contractor."  The term means any

person or any employee of that person who has a contract

with a school for the purpose of performing a service for

the school. The term does not include any independent

contractor or any employee of an independent contractor

who has no direct contact with children.

(iii)  "Professional employee."  As defined in

section 1101(1) of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949.

(iv)  "School."  A public or private school,

intermediate unit or area vocational-technical school.

(v)  "Volunteer."  The term does not include a school

student.

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

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

employee of a center for children commits a felony of the third

degree when he engages in sexual intercourse, deviate sexual

intercourse or indecent contact with a child who 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,

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

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school for the purpose of performing a service for the school.

"School."  A public or private school, intermediate unit or

area vocational-technical school.

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