See other bills
under the
same topic
PRIOR PRINTER'S NOS. 594, 613
PRINTER'S NO. 740
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
554
Session of
2017
INTRODUCED BY GREENLEAF, LEACH, BREWSTER, RESCHENTHALER,
FARNESE, YAW, FONTANA, COSTA, RAFFERTY, TARTAGLIONE, BOSCOLA,
BARTOLOTTA, STREET, DINNIMAN, BROWNE, HUGHES, LAUGHLIN,
BLAKE, HAYWOOD AND SCAVELLO, MARCH 24, 2017
AS AMENDED ON THIRD CONSIDERATION, APRIL 24, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in human trafficking, further providing for
definitions, repealing provisions relating to appropriate
implementation for minor victims of human trafficking,
providing for special relief to restore victim's dignity and
autonomy and for safe harbor for sexually exploited children,
establishing the Safe Harbor for Sexually Exploited Children
Fund and imposing penalties; in riot, disorderly conduct and
related offenses, further providing for the offense of
obstructing highways and other public passages; in public
indecency, further providing for the offense of prostitution
and related offenses; and, in juvenile matters, providing for
immunity and for dependency in lieu of delinquency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3001 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 3001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
"County agency." A county children and youth social service
agency established under section 405 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution District
Law, and supervised by the department under Article IX of the
act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
* * *
"Department." The Department of Human Services of the
Commonwealth.
* * *
"Fund." The Safe Harbor for Sexually Exploited Children
Fund.
* * *
"Sexually exploited child." An individual under 18 years of
age who:
(1) is a victim of human trafficking SEXUAL SERVITUDE ;
or
(2) is a victim of an offense under 18 U.S.C. § 1591
(relating to sex trafficking of children or by force, fraud,
or coercion).
* * *
Section 2. Section 3053 of Title 18 is repealed:
[§ 3053. Appropriate implementation for minor victims of human
trafficking.
The provision of services to a minor victim of human
trafficking by the Commonwealth or by any institution or person
established or licensed by the Commonwealth shall be carried out
in a manner that is in the best interest of the minor and
appropriate to the particular situation.]
Section 3. Title 18 is amended by adding a section to read:
20170SB0554PN0740 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 3056. Special relief to restore victim's dignity and
autonomy.
(a) General rule.--An individual who is a victim of human
trafficking and has been tattooed with an identifying mark of
human trafficking as a direct result of being trafficked may be
eligible for special relief.
(b) Form of special relief.--
(1) An individual who is a victim of human trafficking
may be reimbursed from the fund for the costs of removing or
covering up a tattoo with an identifying mark.
(2) No reimbursement may be paid if the individual has
incurred reimbursable expenses of less than $100, and no
reimbursement may exceed $10,000 per individual.
(3) If a reimbursement paid from the fund to an
individual is later recovered by an insurance settlement,
civil suit settlement or restitution, the individual shall
pay to the fund an amount equal to the reimbursement.
Section 4. Chapter 30 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER D.1
SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN
Sec.
3061. Statewide protocol.
3062. Specialized services for sexually exploited children.
3063. Law enforcement training.
3064. Safe Harbor for Sexually Exploited Children Fund.
§ 3061. Statewide protocol.
The department shall develop a Statewide protocol to
efficiently and effectively coordinate the provision of
specialized services to sexually exploited children.
20170SB0554PN0740 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 3062. Specialized services for sexually exploited children.
The department shall, in conjunction with county agencies:
(1) Develop and provide specialized programs and
services for sexually exploited children that address a
victim's needs, including the following:
(i) Safe and stable housing.
(ii) Access to education.
(iii) Employment and life-skills training.
(iv) Comprehensive case management.
(v) Physical and behavioral health care, including
trauma therapy.
(vi) Treatment for drug or alcohol dependency.
(vii) Medical and dental care.
(viii) Access to personal care items and adequate
clothing.
(ix) Other needs that sexually exploited children
may have as determined by the department or the county
agencies.
(2) Ensure that providers of the specialized programs
and services provided under paragraph (1) receive sufficient
training and understand the unique circumstances surrounding
the victimization of sexually exploited children.
§ 3063. Law enforcement training.
The Municipal Police Officers' Education and Training
Commission and the Pennsylvania State Police shall provide
training to appropriate law enforcement officers. The training
shall include:
(1) Methods used to identify a sexually exploited child.
(2) Methods used to interview and engage with a sexually
exploited child.
20170SB0554PN0740 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) Methods to assist victims to access specialized
programs and services for a sexually exploited child.
§ 3064. Safe Harbor for Sexually Exploited Children Fund.
(a) Establishment.--
(1) The Safe Harbor for Sexually Exploited Children Fund
is established in the State Treasury and shall be
administered by the department.
(2) Appropriations for transfers to the fund and fines
paid and interest accrued on money collected under subsection
(b) shall be deposited into the fund.
(3) In addition to money that may be appropriated by the
General Assembly, the department may apply for and expend
Federal grants and contributions from other public, quasi-
public or private sources to assist in implementing this
subchapter.
(4) Money in the fund shall be used as follows:
(i) At least 50% of the fund may be expended by the
department to provide victim services either directly by
the department or through grants.
(ii) At least 40% of the fund may be expended to
increase public awareness through an anti-demand
campaign.
(iii) Not more than 10% of the fund may be expended
by the department for the costs of operating and
maintaining the fund.
(b) Fines.--Notwithstanding any law to the contrary, the
fines provided by this subsection shall be in addition to any
fine authorized or required by law:
(1) An individual who is convicted of an offense under
section 3011 (relating to trafficking in individuals), 3012
20170SB0554PN0740 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(relating to involuntary servitude) , 3013 (relating to
patronizing a victim of sexual servitude) or 5902(b) or (b.1)
(relating to prostitution and related offenses) shall be
ordered to pay a fine of $5,000 for each offense.
(2) An individual who is convicted of an offense under
section 5902(e) shall be ordered to pay a fine of $2,500 for
each offense.
(3) An individual who is convicted of an offense under
section 5902(e), when the individual knew or should have
known the victim was under 18 years of age, shall be ordered
to pay a fine of $5,000 for each offense.
Section 5. Sections 5507 and 5902 of Title 18 are amended by
adding subsections to read:
§ 5507. Obstructing highways and other public passages.
* * *
(a.1) Sexually exploited children.--If it is determined by a
law enforcement officer, after a reasonable detention for
investigative purposes, that a person suspected of or charged
with a violation under this section is a person under 18 years
of age and is determined to be a sexually exploited child as
defined in section 3001 ( rela ted RELATING to definitions) , the
person:
(1) Shall be immune from prosecution under this section.
(2) May not be jailed, fined, prosecuted, charged or
otherwise penalized under this section.
(3) Shall be treated as a sexually exploited child in
accordance with Chapter 30 (relating to human trafficking).
* * *
§ 5902. Prostitution and related offenses.
* * *
20170SB0554PN0740 - 6 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a.2) Sexually exploited children.--If it is determined by a
law enforcement officer, after a reasonable detention for
investigative purposes, that a person suspected of or charged
with a violation under subsection (a) is a person under 18 years
of age and is determined to be a sexually exploited child as
defined in section 3001 (relating to definitions) , the person:
(1) Shall be immune from prosecution under this section.
(2) May not be jailed, fined, prosecuted, charged or
otherwise penalized under this section.
(3) Shall be treated as a sexually exploited child in
accordance with Chapter 30 (relating to human trafficking).
* * *
Section 6. Title 42 is amended by adding sections to read:
§ 6328. Immunity.
A juvenile shall not be charged and shall be immune from
prosecution for the following offenses if committed by a child
who is determined to be a sexually exploited child as defined in
18 Pa.C.S. § 3001 (relating to definitions):
(1) Prostitution and related offenses as defined in 18
Pa.C.S. § 5902(a)(1) and (2) (relating to prostitution and
related offenses).
(2) Obstructing highways and other public passages as
defined in 18 Pa.C.S. § 5507 (relating to obstructing
highways and other public passages).
§ 6329. Dependency in lieu of delinquency.
(a) Referral to county agency.--The offenses provided under
subsection (b) shall be referred to a county agency under 23
Pa.C.S. §§ 6362 (relating to responsibilities of county agency
for child protective services) and 6375 (relating to county
agency requirements for general protective services) if the
20170SB0554PN0740 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
offense:
(1) Is committed by a child as a direct result of being
a sexually exploited child AS DEFINED IN 18 PA.C.S. § 3001
(RELATING TO DEFINITIONS) .
(2) Is committed by a child under 18 years of age.
(3) Is directly related to having been subject to human
trafficking as defined in 18 Pa.C.S. § 3001 (rela ting to
definitions) .
(b) Eligible offenses.--Eligible offenses for referral to a
county agency include the following:
(1) 18 Pa.C.S. § 3503 (relating to criminal trespass).
(2) 18 Pa.C.S. § 4914 (relating to false identification
to law enforcement authorities).
(3) 18 Pa.C.S. § 5503 (relating to disorderly conduct).
(4) 18 Pa.C.S. § 5506 (relating to loitering and
prowling at night time).
(5) An offense for simple possession of a controlled
substance under section 13(a)(16) and (31) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
(c) Delinquency proceedings.--
(1) If an offense listed in subsection (b) is referred
to a county agency, delinquency proceedings under Chapter 63
(relating to juvenile matters) may not be commenced
immediately.
(2) If treatment and social services are unsuccessful
while the dependency petition is pending, as evidenced by the
child's behavior , and the county agency believes that
juvenile justice services are necessary and warranted, the
county agency shall refer the child's case to the juvenile
20170SB0554PN0740 - 8 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
probation department or district attorney's office for the
commencement of delinquency proceedings.
(d) Record expungement.--Upon the final discharge of
supervision, juvenile court records relating to an offense
listed in subsection (b) shall be expunged by the court under 18
Pa.C.S. § 9123 (relating to juvenile records).
Section 7. This act shall take effect in 60 days.
20170SB0554PN0740 - 9 -
1
2
3
4
5
6
7