PRINTER'S NO. 3083
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2177
Session of
2020
INTRODUCED BY GAYDOS, SCHROEDER, MIHALEK, MUSTELLO, ROWE,
BERNSTINE, CIRESI, EVERETT, FEE, GROVE, HEFFLEY, JOZWIAK,
OWLETT, PICKETT, RYAN, STAATS AND TOPPER, JANUARY 6, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 6, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sexual offender treatment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9718.1(a) and (b) of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 9718.1. Sexual offender treatment.
(a) General rule.--A person, including an offender
designated as a "sexually violent predator" as defined in
section 9799.12 (relating to definitions) or 9799.53 (relating
to definitions), shall attend and participate in a Department of
Corrections program of counseling or therapy designed for
incarcerated sex offenders if the person is incarcerated in a
State institution for any of the following provisions under 18
Pa.C.S. (relating to crimes and offenses):
(1) Any of the offenses enumerated in Chapter 31
(relating to sexual offenses) if the offense involved a minor
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under 18 years of age.
(1.1) Any of the offenses enumerated under Chapter 30
(relating to human trafficking) if the victim is a minor
under 18 years of age and the offense involved sexual
servitude.
(2) Section [4304] 4304(a)(1) (relating to endangering
welfare of children) if the offense involved sexual contact
with the victim.
(3) Section [6301] 6301(a)(1)(i) (relating to corruption
of minors) if the offense involved sexual contact with the
victim.
(3.1) Section 6301(a)(1)(ii).
(4) Open lewdness, as defined in section 5901 (relating
to open lewdness), if the offense involved a minor under 18
years of age.
(5) Prostitution, as defined in section [5902] 5902(b.1)
(relating to prostitution and related offenses)[, if the
offense involved a minor under 18 years of age].
(6) Obscene and other sexual materials and performances,
as defined in section 5903 (relating to obscene and other
sexual materials and performances), if the offense involved a
minor under 18 years of age.
(7) Sexual abuse of children, as defined in section 6312
(relating to sexual abuse of children).
(8) Section 6318 (relating to unlawful contact with
minor).
(9) Section 6320 (relating to sexual exploitation of
children).
(10) [Section 4302 (relating to incest) if the offense
involved a minor under 18 years of age] Section 4302(b)
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(relating to incest).
(11) An attempt [or], solicitation or conspiracy to
commit any of the offenses listed in this subsection.
(b) Eligibility for parole.--For an offender required to
participate in the program under subsection (a), all of the
following apply:
(1) The offender shall not be eligible for parole unless
the offender has:
(i) served the minimum term of imprisonment;
(ii) participated in the program under subsection
(a); and
(iii) agreed to comply with any special conditions
of parole imposed for therapy or counseling for sex
offenders, including sexually violent predators.
(2) Notwithstanding paragraph (1)(iii), an offender who
is a sexually violent predator is subject to section 9799.36
(relating to counseling of sexually violent predators) or
9799.70 (relating to counseling of sexually violent
predators).
* * *
Section 2. This act shall take effect in 60 days.
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