1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 
2Judicial Procedure) of the Pennsylvania Consolidated 
3Statutes, in public indecency, further providing for the
4offense of prostitution and related offenses; and, in
5juvenile matters, further providing for short title and
6purposes of chapter, for definitions, and for informal
7adjustment; adding provisions relating to safe harbor for
8sexually exploited children; and establishing the Sexually
9Exploited Children Special Fund.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 5902 of Title 18 of the Pennsylvania
13Consolidated Statutes is amended by adding a subsection to read:

14§ 5902. Prostitution and related offenses.

15* * *

16(a.2) Presumption of child sex trafficking.--Notwithstanding
17the provisions of subsection (a), if it is determined, after a
18reasonable detention for investigative purposes, that a person
19suspected of or charged with a violation of subsection (a) is a
20person under 18 years of age, there shall be a presumption that
21the person is a victim of child sex trafficking and should be

1treated as a dependent child under 42 Pa.C.S. § 6323 (relating
2to informal adjustment).

3* * *

4Section 2. Section 6301 heading of Title 42 is amended and
5the section is amended by adding a subsection to read:

6§ 6301. Short title, findings and purposes of chapter.

7* * *

8(a.1) Legislative findings and special purpose.--

9(1) The legislature finds that:

10(i) Arresting, prosecuting and incarcerating
11victimized children serves to re-traumatize them and to
12increase their feelings of low-self esteem, which only
13makes the process of recovery more difficult.

14(ii) Both Federal and international law recognize
15that sexually exploited children are the victims of crime
16and should be treated as such.

17(iii) Therefore, sexually exploited children should
18not be prosecuted for criminal acts related to
19prostitution.

20(iv) Instead, sexually exploited children should,
21where possible, be diverted into services that address
22the needs of these children outside of the justice
23system.

24(v) Sexually exploited children deserve the
25protection of child welfare services, including
26diversion, crisis intervention, counseling and emergency
27housing services.

28(2) (i) In addition to the purposes enumerated in
29subsection (b), the purpose of this chapter is to protect
30a child from further victimization after the child is

1discovered to be a sexually exploited child by ensuring
2that a child protective response is in place in the
3Commonwealth. This purpose is to be accomplished by
4presuming that any child engaged in prostitution related
5activity is a victim of sex trafficking and providing
6these children with the appropriate care and services
7where possible.

8(ii) In determining the need for and capacity of
9services that may be provided, the Department of Public
10Welfare should recognize that sexually exploited children
11have separate and distinct service needs according to
12gender and every effort should be made within the
13juvenile court system to divert sexually exploited
14children away from prosecution and into appropriate
15social services.

16* * *

17Section 3. The definition of "dependent child" in section
186302 of Title 42, amended October 25, 2012 (P.L.1655, No.204),
19is amended and the section is amended by adding a definition to
20read:

21§ 6302. Definitions.

22The following words and phrases when used in this chapter
23shall have, unless the context clearly indicates otherwise, the
24meanings given to them in this section:

25* * *

26"Dependent child." A child who:

27(1) is without proper parental care or control,
28subsistence, education as required by law, or other care or
29control necessary for his physical, mental, or emotional
30health, or morals. A determination that there is a lack of

1proper parental care or control may be based upon evidence of
2conduct by the parent, guardian or other custodian that
3places the health, safety or welfare of the child at risk,
4including evidence of the parent's, guardian's or other
5custodian's use of alcohol or a controlled substance that
6places the health, safety or welfare of the child at risk;

7(2) has been placed for care or adoption in violation of
8law;

9(3) has been abandoned by his parents, guardian, or
10other custodian;

11(4) is without a parent, guardian, or legal custodian;

12(5) while subject to compulsory school attendance is
13habitually and without justification truant from school;

14(6) has committed a specific act or acts of habitual
15disobedience of the reasonable and lawful commands of his
16parent, guardian or other custodian and who is ungovernable
17and found to be in need of care, treatment or supervision;

18(7) has committed a delinquent act or crime, other than
19a summary offense, while under the age of ten years;

20(8) has been formerly adjudicated dependent, and is
21under the jurisdiction of the court, subject to its
22conditions or placements and who commits an act which is
23defined as ungovernable in paragraph (6);

24(9) has been referred pursuant to section 6323 (relating
25to informal adjustment), and who commits an act which is
26defined as ungovernable in paragraph (6); [or]

27(10) is born to a parent whose parental rights with
28regard to another child have been involuntarily terminated
29under 23 Pa.C.S. § 2511 (relating to grounds for involuntary
30termination) within three years immediately preceding the

1date of birth of the child and conduct of the parent poses a
2risk to the health, safety or welfare of the child[.]; or

3(11) is a sexually exploited child who has been referred
4pursuant to section 6323 (relating to informal adjustment).

5* * *

6"Sexually exploited child." A person under 18 years of age
7who has been subject to sexual exploitation because the person:

8(1) is a victim of trafficking of persons under 18
9Pa.C.S. § 3002 (relating to trafficking of persons);

10(2) is a victim of child sex trafficking under 18 U.S.C.
11§ 1591 (relating to sex trafficking of children by force,
12fraud or coercion); or

13(3) engages in an act of prostitution pursuant to 18
14Pa.C.S. § 5902(a) (relating to prostitution and related
15offenses).

16* * *

17Section 4. Section 6323(a) of Title 42 is amended by adding
18a paragraph to read:

19§ 6323. Informal adjustment.

20(a) General rule.--

21* * *

22(4) (i) Where a petition involves a delinquency
23violation of 18 Pa.C.S. § 5902(a) (relating to
24prostitution and related offenses), it is the child's
25first offense, and the child expresses a willingness to
26cooperate and receive specialized services for sexually
27exploited children, a petition for dependency shall be
28substituted and the court shall order specialized
29services for the child in accordance with section 6351
30(relating to disposition of dependent child).

1(ii) If, however, the child has previously been
2found in violation of 18 Pa.C.S. § 5902(a) or expresses a
3current unwillingness to cooperate with specialized
4services for sexually exploited children, continuing with
5the delinquency proceedings shall be within the court's
6discretion.

7(iii) If reasonable grounds exist to believe a child
8is a sexually exploited child and the child is accused of
9or charged with another status offense or offense that
10would be a misdemeanor if committed by an adult in
11connection with the child's status as a sexually
12exploited child, then the court may substitute the
13delinquency petition with a petition for dependency and
14may order the child to participate in specialized
15programs or services for sexually exploited children.

16* * *

17Section 5. Chapter 63 of Title 42 is amended by adding a
18subchapter to read:

19SUBCHAPTER G

20SAFE HARBOR FOR SEXUALLY

21EXPLOITED CHILDREN

22Sec.

236381. Definitions.

246382. Sexually Exploited Children Special Fund.

256383. Safe house for sexually exploited children.

266384. Statewide protocol.

276385. Services for sexually exploited youth.

28§ 6381. Definitions.

29The following words and phrases when used in this act shall
30have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Department." The Department of Public Welfare of the
3Commonwealth.

4"Fund." The Sexually Exploited Children Special Fund
5established by this subchapter.

6"Office." The Office of Children, Youth and Families of the
7Department of Public Welfare of the Commonwealth.

8§ 6382. Sexually Exploited Children Special Fund.

9(a) Assessment.--

10(1) Any person who is convicted, pleads guilty or nolo
11contendere to an offense involving trafficking of persons
12under 18 Pa.C.S. § 3002 (relating to trafficking of persons),
13promoting prostitution under 18 Pa.C.S. § 5902(b) (relating
14to prostitution and related offenses) or promoting
15prostitution or minor under 18 Pa.C.S. § 5902(b.1) shall be
16ordered to pay a mandatory monetary assessment of $2,500.

17(2) Any person who is convicted, pleads guilty or nolo
18contendere to an offense involving patronizing prostitutes
19under 18 Pa.C.S. § 5902(e) shall be ordered to pay a
20mandatory monetary assessment of $1,000.

21(3) Notwithstanding any law to the contrary, the
22assessments provided by this subsection shall be in addition
23to and not in lieu of and shall not be used to offset or
24reduce any fine authorized or required by law.

25(b) Establishment of fund.--

26(1) The Sexually Exploited Children Special Fund is
27established in the State Treasury and shall be administered
28by the department.

29(2) Appropriations by the General Assembly and all
30monetary assessments paid and interest accrued on funds

1collected pursuant to subsection (a) shall be deposited into
2the fund.

3(3) Moneys in the fund shall be used for the provision
4of services and treatment, such as securing residential
5housing, health services and social services to sexually
6exploited children.

7(4) The department may also use the funds for grants or
8to provide services for sexually exploited children as well
9as costs of operating and maintaining the fund.

10§ 6383. Safe house for sexually exploited children.

11(a) General rule.--The office may, to the extent funds are
12available, operate or contract with an appropriate
13nongovernmental agency with experience working with sexually
14exploited children to operate one or more safe houses in a
15geographically appropriate area of this Commonwealth. Each safe
16house shall provide safe and secure housing and specialized
17services for sexually exploited children.

18(b) Construction.--Nothing in this section shall be
19construed to preclude the department from applying for and
20accepting grants, gifts and bequests for funds from private
21individuals, foundations and the Federal Government for the
22purpose of creating or carrying out the duties of a safe house
23for sexually exploited children.

24§ 6384. Statewide protocol.

25The office, working in conjunction with the county agencies
26for child welfare services and juvenile probation, shall develop
27a Statewide protocol for helping to coordinate the delivery of
28services to sexually exploited children.

29§ 6385. Services for sexually exploited youth.

30The office, working in conjunction with the county agencies

1for child welfare services and juvenile probation, may, to the
2extent funds are available, develop specialized programs and
3services for sexually exploited children that address needs for
4safe and adequate housing, education, job training, counseling
5and mental health services as well as any other needs that
6sexually exploited children may have.

7Section 6. This act shall take effect in 60 days.