PRINTER'S NO. 4081
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2655
Session of
2020
INTRODUCED BY OBERLANDER, DALEY, ROZZI, HANBIDGE, GREGORY,
DONATUCCI, RYAN, ROTHMAN, KINSEY, McNEILL, MILLARD, THOMAS,
WILLIAMS, BERNSTINE, T. DAVIS, DAY, HILL-EVANS, YOUNGBLOOD
AND DeLUCA, JULY 8, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JULY 8, 2020
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in sexual offenses, further providing for the
offense of institutional sexual assault; and, in registration
of sexual offenders, further providing for the offense of
sexual offenses and tier system.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3124.2(a), (a.1) and (b) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding subsections to read:
§ 3124.2. Institutional sexual assault.
(a) General rule.--Except as provided under subsection (a.1)
and 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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, another person being
supervised by that person under probation or parole supervision,
patient or resident.
(a.1) Institutional sexual assault of a minor.--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, another person being
supervised by that person under probation or parole supervision,
patient or resident who is under 18 years of age.
* * *
(a.4) Peace officers.--
(1) Except as provided under sections 3121, 3122.1,
3123, 3124.1 and 3125, a person who is a peace officer or
employee of an agency employing a peace officer in his
official capacity commits a felony of the third degree when
that person engages in sexual intercourse, deviate sexual
intercourse or indecent contact with another person who is
under detention of the person or a confidential informant of
the person.
(2) A person who is a peace officer commits a felony of
20200HB2655PN4081 - 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
the third degree when that person engages in sexual
intercourse, deviate sexual intercourse or indecent contact
with another person who is:
(i) under 18 years of age; and
(ii) under detention of the person or a confidential
informant of the person.
(a.5) Consent not a defense.--Consent is not a defense to a
violation of subsection (a), (a.1), (a.3) or (a.4).
(b) 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.
20200HB2655PN4081 - 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
"Confidential informant." An individual who associates with
other individuals who are engaged in criminal activity for the
purpose of furnishing information to or acting as an agent for a
law enforcement agency.
"Detention." Detention for any law enforcement purpose,
including "official detention" as defined in section 5121
(relating to escape), transportation while in custody, temporary
detention for investigating purposes, a custodial interrogation
or interview and a traffic stop or checkpoint.
Section 2. Section 9799.14(b)(5) and (d)(6) of Title 42 are
amended to read:
§ 9799.14. Sexual offenses and tier system.
* * *
(b) Tier I sexual offenses.--The following offenses shall be
classified as Tier I sexual offenses:
* * *
(5) 18 Pa.C.S. § 3124.2(a) and (a.4)(1) (relating to
institutional sexual assault).
* * *
(d) Tier III sexual offenses.--The following offenses shall
be classified as Tier III sexual offenses:
* * *
(6) 18 Pa.C.S. § 3124.2(a.1) and (a.4)(2).
* * *
Section 3. This act shall take effect in 60 days.
20200HB2655PN4081 - 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