A07264
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1075
Session of
2020
INTRODUCED BY ARNOLD, MUTH, MARTIN, BARTOLOTTA, SANTARSIERO,
YAW, MENSCH, SCAVELLO, STEFANO AND AUMENT, APRIL 13, 2020
REFERRED TO JUDICIARY, APRIL 13, 2020
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in minors, further providing for the offense of
sexual abuse of children and providing for child sexual abuse
prevention task force; and, in sentencing, further providing
for sentencing for offenses involving sexual abuse of
children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6312(d.1) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6312. Sexual abuse of children.
* * *
(d.1) Grading.--The offenses shall be graded as follows:
(1) Except as provided in paragraph (3), an offense
under subsection (b) is a felony of the second degree.
(2) (i) Except as provided in paragraph (3), a first
offense under subsection (c) or (d) is a felony of the
third degree.
(ii) A second or subsequent offense under subsection
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(c) or (d) is a felony of the second degree.
(3) When a person commits an offense graded under
paragraph (1) or (2)(i) [and indecent contact with the child
as defined in section 3101 (relating to definitions) is
depicted], the grading of the offense shall be one grade
higher than the grade specified in paragraph (1) or (2)(i)[.]
if:
(i) indecent contact with the child as defined in
section 3101 (relating to definitions) is depicted; or
(ii) the child depicted is under six 10 years of age
or prepubescent.
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 6312.1. Child sexual abuse prevention task force.
(a) Establishment.--The Child Sexual Abuse Prevention Task
Force shall be created within the Department of Human Services.
(b) Purpose.--The task force shall perform the following:
(1) Develop guidance, tools and sexual abuse prevention
and intervention frameworks for supporting Pennsylvania Child
Welfare Services and the General Assembly in efforts to
better protect the children and youth entrusted to the care
of Pennsylvania Child Welfare Services.
(2) Create long-range plans and strategies for statewide
community education about child sexual abuse and its
prevention.
(c) Composition.--The task force shall consist of the
following members:
(1) One member of the Pennsylvania Senate, appointed by
the President Pro Tempore of the Senate.
(2) One member of the public, appointed by the President
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Pro Tempore of the Senate.
(3) One member of the Pennsylvania House of
Representatives, appointed by the Speaker of the House of
Representatives.
(4) One member of the public, appointed by the Speaker
of the House of Representatives.
(5) One member of the public who is a survivor of child
sexual abuse, appointed by the Governor.
(6) The Secretary of Education, or a designee.
(7) The Secretary of Human Services, who shall serve as
chairperson of the task force;
(8) The Secretary of Health, or a designee.
(9) The President of the Pennsylvania District
Attorney's Association, or a designee.
(10) Two representatives of a children's advocacy center
that assists in the investigation, prosecution and treatment
of child sexual and physical abuse cases, appointed by the
Governor.
(11) Two medical professionals that specialize in the
field of child sexual abuse, one of whom shall be appointed
by the President Pro Tempore of the Senate and one of whom
shall be appointed by the Speaker of the House of
Representatives.
(12) The Director of the Pennsylvania Coalition Against
Rape, or a designee.
(13) The director of a rape crisis center located in
this Commonwealth, or a designee.
(14) A representative of an organization representing
law enforcement, appointed by the Commissioner of the
Pennsylvania State Police.
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(15) The Victim Advocate from the Office of Victim
Advocate, or a designee.
(16) A member of the Pennsylvania Sex Offender
Assessment Board. If possible, this member shall also be a
member of The Association for the Treatment of Sexual
Abusers.
(17) The Attorney General of Pennsylvania, or a
designee.
(d) Member requirements.--Members of the task force must be
individuals who are actively involved in the fields of the
prevention of child abuse and neglect and child welfare. The
appointment of members must reflect the geographic diversity of
the Commonwealth.
(e) Vacancies.--The following shall apply:
(1) Except as provided under paragraph (2), the Governor
shall appoint a member for a membership on the task force
that remains vacant for 90 days or more.
(2) The President pro tempore of the Senate shall
appoint a member for a membership appointed under subsection
(c)(5) or (10) that remains vacant for 90 days or more.
(f) Designee.--A task force member who intends to utilize a
designee shall notify the chairperson of the task force in
writing of the designee.
(g) Terms.--The term of a task force member appointed under
subsection (c)(1), (2), (3), (4), (10), (11) or (14) shall be
three years. A task force member may be reappointed for
additional terms. An individual appointed to fill a vacancy on
the task force under subsection (c) shall serve for the
unexpired term of the membership and shall be eligible for
reappointment.
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(h) Meetings and expenses.--The following shall apply:
(1) The task force shall meet at least four times
annually, but may hold additional meetings as determined by
the chairperson. The chairperson shall provide notice of at
least 14 days in advance for a regular meeting and shall
provide notice of at least three days in advance of a special
meeting.
(2) A record of meeting attendance shall be maintained,
and a member shall receive written notice if the member
misses two consecutive meetings. A member who misses three
consecutive meetings without good cause acceptable to the
chairperson may be replaced by a member appointed by the
Governor at the discretion of the chairperson.
(3) Minutes of the meetings shall be prepared and filed
with the task force and distributed to each member. Each
record shall be a matter of public record.
(4) A member may not receive per diem expenses.
(5) The department shall provide appropriate staff
support to enable the task force to properly carry out the
task force's duties.
(i) Powers.--The task force shall have the power to advise
and consult the General Assembly and Commonwealth agencies and
may make recommendations in accordance with subsection (b). In
making those recommendations, the task force shall perform the
following:
(1) Review existing laws, regulations and policies
within the context of current empirical evidence evaluating
effective child sexual abuse.
(2) Review current best-practices for primary, secondary
and tertiary child sexual abuse prevention strategies.
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(3) Gather information concerning child sexual abuse
throughout this Commonwealth.
(4) Receive reports and testimony from individuals,
Commonwealth and local agencies, community-based
organizations and other public and private organizations.
(5) Develop guidelines and tools for the development of
sexual abuse prevention and intervention plans by
organizations serving children and youth.
(6) Recommend policies and procedures for implementation
and oversight of the guidelines.
(7) Recommend strategies for incentivizing organizations
to develop and implement sexual abuse prevention and
intervention plans.
(8) Develop a five-year plan for using community
education and other strategies to increase public awareness
about child sexual abuse, including how to recognize signs,
minimize risk and act on suspicions or disclosures of such
abuse.
(9) Create goals for education policy that would prevent
child sexual abuse.
(10) Create goals for other areas of Commonwealth policy
that would prevent child sexual abuse.
(j) Annual report.--Submit an annual report to the Governor
and the General Assembly, which shall include, but not be
limited to, the task force's recommendations under this section.
The report shall be published on the department's publicly
accessible Internet website.
(k) 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:
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"Chairperson." The chairperson of the task force.
"Member." A member of the task force.
"Task force." The Child Sexual Abuse Prevention Task Force
established under subsection (a).
Section 2 3. Section 9720.5 of Title 42 is amended to read:
§ 9720.5. Sentencing for offenses involving sexual abuse of
children.
(a) General rule.--The Pennsylvania Commission on
Sentencing, in accordance with section 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentence enhancement within its guidelines for an offense under
18 Pa.C.S. § 6312 (relating to sexual abuse of children),
specifying variations from the range of sentences applicable
based on such aggravating circumstances as the age of the child
or a determination of prepubescence, the number of images
possessed by the defendant, if the child depicted is known to
the defendant and the nature and character of the abuse depicted
in the images.
(b) Other circumstances.--When a person commits an offense
to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3)
apply, the Pennsylvania Commission on Sentencing shall, in
accordance with section 2154, provide for a sentence enhancement
within its guidelines if indecent contact with the child as
defined in 18 Pa.C.S. § 3101 (relating to definitions) is
depicted and the child depicted is under six 10 years of age or
prepubescent.
Section 3 4. This act shall take effect in 60 days.
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