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, SHAPIRO, CALTAGIRONE AND TOOHIL, MARCH 3, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 3, 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 or any other person who has direct contact with a

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student at 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 the school.

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

shall have the meanings given to them in this paragraph:

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

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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.

(i)  "Direct contact."  Care, supervision, guidance

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or control.

(ii)  "Employee."

(A)  Includes:

(I)  A teacher, a supervisor, a supervising

principal, a principal, an assistant principal, a

vice-principal, a director of vocational

education, a dental hygienist, a visiting

teacher, a home and school visitor, a school

counselor, a child nutrition program specialist,

a school librarian, a school secretary the

selection of whom is on the basis of merit as

determined by eligibility lists, a school nurse,

a substitute teacher, a janitor, a cafeteria

worker, a bus driver, a teacher aide and any

other employee who has direct contact with school

students.

(II)  An independent contractor who has a

contract with a school for the purpose of

performing a service for the school, a coach, an

athletic trainer, a coach hired as an independent

contractor by the Pennsylvania Interscholastic

Athletic Association or an athletic trainer hired

as an independent contractor by the Pennsylvania

Interscholastic Athletic Association.

(B)  The term does not include:

(I)  A student employed at the school.

(II)  An independent contractor or any

employee of an independent contractor who has no

direct contact with school students.

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

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intermediate unit or area vocational-technical school.

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

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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.

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