1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, extensively revising the law on human trafficking
4in the areas of prosecution, prevention, victim protection, 
5evidentiary confidentiality, limitation of actions and victim 
6impact statements; and making editorial changes.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 911(h)(1)(i) of Title 18 of the
10Pennsylvania Consolidated Statutes is amended to read:

11§ 911. Corrupt organizations.

12* * *

13(h) Definitions.--As used in this section:

14(1) "Racketeering activity" means all of the following:

15(i) An act which is indictable under any of the
16following provisions of this title:

17Chapter 25 (relating to criminal homicide)

18Section 2706 (relating to terroristic threats)

1Chapter 29 (relating to kidnapping)

2Chapter 30 (relating to human trafficking [of
3persons])

4Chapter 33 (relating to arson, criminal mischief
5and other property destruction)

6Chapter 37 (relating to robbery)

7Chapter 39 (relating to theft and related
8offenses)

9Section 4108 (relating to commercial bribery and
10breach of duty to act disinterestedly)

11Section 4109 (relating to rigging publicly
12exhibited contest)

13Section 4117 (relating to insurance fraud)

14Chapter 47 (relating to bribery and corrupt
15influence)

16Chapter 49 (relating to falsification and
17intimidation)

18Section 5111 (relating to dealing in proceeds of
19unlawful activities)

20Section 5512 (relating to lotteries, etc.)

21Section 5513 (relating to gambling devices,
22gambling, etc.)

23Section 5514 (relating to pool selling and
24bookmaking)

25Chapter 59 (relating to public indecency).

26* * *

27An act which otherwise would be considered racketeering
28activity by reason of the application of this paragraph,
29shall not be excluded from its application solely because the
30operative acts took place outside the jurisdiction of this

1Commonwealth, if such acts would have been in violation of
2the law of the jurisdiction in which they occurred.

3* * *

4Section 2. The heading of Chapter 30 and sections 3001,
53002, 3003 and 3004 of Title 18 are repealed:

6[CHAPTER 30

7TRAFFICKING OF PERSONS

8§ 3001. Definitions.

9The following words and phrases when used in this chapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Criminal coercion." The term includes conduct defined as
13criminal coercion by section 2906 (relating to criminal
14coercion).

15"Forced labor or services." Labor or services that are
16performed or provided by another person which are obtained or
17maintained when a person:

18(1) attempts to cause, causes or by threat of physical
19menace puts another person in fear of bodily injury;

20(2) physically restrains or threatens to physically
21restrain another person unlawfully;

22(3) abuses or threatens to abuse the law or legal
23process;

24(4) possesses except as required by Federal immigration
25law or regulation, destroys, conceals, removes or confiscates
26any actual or purported passport or other immigration
27document of another person, or any other actual or purported
28government identification document of another person; or

29(5) engages in criminal coercion of another person.

30"Traffics." Recruits, entices, harbors, transports or

1provides or obtains by any means.

2§ 3002. Trafficking of persons.

3(a) Offense defined.--A person commits an offense if the
4person knowingly traffics or knowingly attempts to traffic
5another person, knowing that the other person will be subjected
6to forced labor or services.

7(b) Grading.--An offense under subsection (a) shall be
8graded a felony of the second degree unless the other person
9suffers bodily injury or the other person is an individual under
1018 years of age, in which case it shall be graded as a felony of
11the first degree.

12§ 3003. Restitution for offenses.

13(a) General rule.--A person convicted of an offense under
14this chapter shall, in addition to any other remedy deemed
15appropriate by the court, be sentenced to pay the victim
16restitution, including the greater of:

17(1) the gross income or value to the person to whom the
18labor or services were performed by the victim; or

19(2) the value of the victim's labor based on the minimum
20wage of this Commonwealth.

21(b) Private remedies.--Nothing in this section shall be
22construed to preclude any other remedy at law or in equity.

23§ 3004. Forfeiture.

24(a) General rule.--The following shall be subject to
25forfeitures to the Commonwealth, and no property right shall
26exist in them:

27(1) All assets, foreign or domestic:

28(i) Of an individual, entity or organization engaged
29in planning or perpetrating an act in this Commonwealth
30which violates section 3002 (relating to trafficking of

1persons) and all assets, foreign or domestic, affording a
2person a source of influence over such individual, entity
3or organization.

4(ii) Acquired or maintained by a person with the
5intent and for the purpose of supporting, planning,
6conducting or concealing an act in this Commonwealth
7which violates section 3002.

8(iii) Derived from, involved in or used or intended
9to be used to commit an act in this Commonwealth which
10violates section 3002.

11(2) All assets within this Commonwealth:

12(i) Of an individual, entity or organization engaged
13in planning or perpetrating an act which violates section
143002.

15(ii) Acquired or maintained with the intent and for
16the purpose of supporting, planning, conducting or
17concealing an act which violates section 3002.

18(iii) Derived from, involved in or used or intended
19to be used to commit an act which violates section 3002.

20(b) Process and seizures.--Property subject to forfeiture
21under this section may be seized by the law enforcement
22authority upon process issued by any court of common pleas
23having jurisdiction over the property.

24(c) Custody of property.--

25(1) Property taken or detained under this section shall
26not be subject to replevin but is deemed to be in the custody
27of the law enforcement authority subject only to the orders
28and decrees of the court of common pleas having jurisdiction
29over the forfeiture proceedings and of the district attorney.

30(2) When property is seized under this section, the law

1enforcement authority shall place the property under seal and
2either:

3(i) remove the property to a place designated by it;
4or

5(ii) require that the district attorney take custody
6of the property and remove it to an appropriate location
7for disposition in accordance with law.

8(d) Transfer of property.--Whenever property is forfeited
9under this section, the property shall be transferred to the
10custody of the district attorney. The district attorney, where
11appropriate, may retain the property for official use or sell
12the property, but the proceeds from any such sale shall be used
13to pay all proper expenses of the proceedings for forfeiture and
14sale, including expenses of seizure, maintenance of custody,
15advertising and court costs. The balance of the proceeds shall
16be used for the enforcement of the criminal laws of
17Pennsylvania.

18(e) Proceedings and petition.--The proceedings for the
19forfeiture or condemnation of property, the retention or sale of
20which is provided for in this section, shall be in rem, in which
21the Commonwealth shall be the plaintiff and the property the
22defendant. A petition shall be filed in the court of common
23pleas of the judicial district where the property is located,
24verified by oath or affirmation of an officer or citizen,
25containing the following:

26(1) A description of the property seized.

27(2) A statement of the time and place where seized.

28(3) The owner, if known.

29(4) The person or persons in possession, if known.

30(5) An allegation that the property is subject to

1forfeiture pursuant to this section and an averment of
2material facts upon which forfeiture action is based.

3(6) A prayer for an order of forfeiture that the
4property be adjudged forfeited to the Commonwealth and
5condemned unless cause be shown to the contrary.

6(f) Service.--A copy of the petition required under
7subsection (e) shall be served personally or by certified mail
8on the owner or the person or persons in possession at the time
9of the seizure. The copy shall have endorsed a notice as
10follows:

11To the claimant of within described property:

12You are required to file an answer to this petition,
13setting forth your title in and right to possession of the
14property within 30 days from the service of this notice. You
15are also notified that, if you fail to file the answer, a
16decree of forfeiture and condemnation will be entered against
17the property.

18The notice shall be signed by the district attorney, deputy
19district attorney or assistant district attorney.

20(g) Notice.--

21(1) If the owner of the property is unknown or there was
22no person in possession of the property when seized or if the
23owner or such person or persons in possession at the time of
24the seizure cannot be personally served or located within the
25jurisdiction of the court, notice of the petition shall be
26given by the Commonwealth through an advertisement in only
27one newspaper of general circulation published in the county
28where the property shall have been seized, once a week for
29two successive weeks. No other advertisement of any sort
30shall be necessary, any other law to the contrary

1notwithstanding.

2(2) The notice shall contain a statement of the seizure
3of the property with a description of the property and the
4place and date of seizure and shall direct any claimants to
5the property to file a claim on or before a date given in the
6notice, which date shall not be less than 30 days from the
7date of the first publication.

8(3) If no claims are filed within 30 days of
9publication, the property shall summarily forfeit to the
10Commonwealth.

11(h) Unknown owner.--For purposes of this section, the owner
12or other such person cannot be found in the jurisdiction of the
13court if:

14(1) a copy of the petition is mailed to the last known
15address by certified mail and is returned without delivery;

16(2) personal service is attempted once but cannot be
17made at the last known address; and

18(3) a copy of the petition is left at the last known
19address.

20(i) Waiver of notice.--The notice provisions of this section
21are automatically waived if the owner, without good cause, fails
22to appear in court in response to a subpoena on the underlying
23criminal charges. Forty-five days after such a failure to
24appear, if good cause has not been demonstrated, the property
25shall summarily forfeit to the Commonwealth.

26(j) Hearing date.--Upon the filing of a claim for the
27property setting forth a right of possession, the case shall be
28deemed at issue, and a date and time shall be fixed for the
29hearing.

30(k) Burden of proof.--At the hearing, if the Commonwealth

1produces evidence that the property in question was unlawfully
2used, possessed or otherwise subject to forfeiture under this
3section, the burden shall be upon the claimant to show by a
4preponderance of the evidence:

5(1) That the claimant is the owner of the property or
6the holder of a chattel mortgage or contract of conditional
7sale thereon.

8(2) That the claimant lawfully acquired the property.

9(3) That the property was not unlawfully used or
10possessed by the claimant. If it appears that the property
11was unlawfully used or possessed by a person other than the
12claimant, then the claimant shall show that the unlawful use
13or possession was without his knowledge or consent. Such
14absence of knowledge or consent must be reasonable under the
15circumstances presented.

16(l) Claims of ownership.--If a person claiming the ownership
17of or right of possession to or claiming to be the holder of a
18chattel mortgage or contract of conditional sale upon the
19property, the disposition of which is provided for in this
20section, prior to the sale presents a petition to the court
21alleging lawful ownership, right of possession, a lien or
22reservation of title to the property and if, on public hearing,
23due notice of which having been given to the district attorney,
24the claimant shall prove by a preponderance of the evidence that
25the property was lawfully acquired, possessed and used by him
26or, it appearing that the property was unlawfully used by a
27person other than the claimant, that the unlawful use was
28without the claimant's knowledge or consent, then the court may
29order the property returned or delivered to the claimant. Such
30absence of knowledge or consent must be reasonable under the

1circumstances presented. Otherwise, it shall be retained for
2official use or sold in accordance with this section.]

3Section 3. Title 18 is amended by adding a chapter to read:

4CHAPTER 30

5HUMAN TRAFFICKING

6Subchapter

7A. General Provisions

8B. Prosecution of Human Trafficking

9C. Prevention of Human Trafficking

10D. Protection of <-Human Trafficking Victims Victims of Human
11Trafficking

12E. Miscellaneous Provisions

13SUBCHAPTER A

14GENERAL PROVISIONS

15Sec.

163001. Definitions.

17§ 3001. Definitions.

18The following words and phrases when used in this chapter
19shall have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21"Commercial sex act." Any sex act on account of which
22anything of value is given, promised to or received, directly or
23indirectly, by an individual.

24"Commission." The Pennsylvania Commission on Crime and
25Delinquency.

26"Council." The Pennsylvania Council for the Prevention of
27Human Trafficking, established under section 3031 (relating to
28Pennsylvania Council for the Prevention of Human Trafficking).

29"Debt coercion." Exploitation of the status or condition of
30a debtor arising from a pledge by the debtor of the personal

1services of the debt or an individual under the debtor's control
2as a security or payment for debt, if any of the following
3apply:

4(1) The value of those services as reasonably assessed
5is not applied toward the liquidation of the debt.

6(2) The length and nature of those services are not
7respectively limited and defined.

8(3) The principal amount of the debt does not reasonably
9reflect the value of the items or services for which the debt
10was incurred.

11(4) The individual is coerced to perform sex acts as
12payment for the debt.

13(5) The debtor controls and determines the movement,
14housing and services performed by the individual until
15repayment of the debt.

16"Extortion." As defined in section 3923 (relating to theft
17by extortion).

18"Financial harm." Includes any of the following:

19(1) A violation of the act of March 30, 1859 (P.L.318,
20No.318), referred to as the Payment of the Wages of Labor
21Law.

22(2) A violation of the act of May 23, 1887 (P.L.181,
23No.122), referred to as the Employment of Labor Regulated
24Law.

25(3) A criminal violation of the act of January 30, 1974
26(P.L.13, No.6), referred to as the Loan Interest and
27Protection Law (Usury Law).

28(4) A violation of Chapter 2 of the act of June 23, 1978
29(P.L.537, No.93), known as the Seasonal Farm Labor Act.

30(5) A violation of any other law of this Commonwealth

1governing the payment of wages for labor or services.

2"Human trafficking." Any activity in violation of section
33011 (relating to trafficking in individuals) either alone or in
4conjunction with an activity in violation of section 3012
5(relating to involuntary servitude).

<-6"Human trafficking victim" or "victim." An individual who
7has been subjected to human trafficking.

8"Involuntary servitude." Includes labor servitude and sexual
9servitude.

10"Labor." Work or service of economic or financial value.

11"Labor servitude." Labor which is performed or provided by
12another individual and is induced or obtained by any of the
13means set forth in section 3012(b) (relating to involuntary
14servitude).

15"Minor." An individual less than 18 years of age.

16"Performance involving sexual conduct." Any performance that
17is described in section 5903 (relating to obscene and other
18sexual materials and performances).

19"Record." Information, regardless of physical form or
20characteristics, that documents a transaction or activity and
21that is created, received or retained pursuant to law or in
22connection with a transaction, business or activity. The term
23includes any of the following:

24(1) A document, paper, letter, map, book, tape,
25photograph, film or sound recording.

26(2) Information stored or maintained electronically.

27(3) A data-processed or image-processed document.

28"Serious harm." Any harm, whether physical or nonphysical
29that is sufficiently serious, under all the surrounding
30circumstances, to compel a reasonable person of the same

1background and in the same circumstances as the <-human
2trafficking victim <-victim of human trafficking to perform or to
3continue performing labor or a service, a commercial sex act or
4a performance involving sexual conduct in order to avoid
5incurring that harm.

6"Service." Any act committed at the behest of, under the
7supervision of or for the benefit of another.

8"Sex act." Any touching of the sexual or other intimate
9parts of any individual for the purpose of gratifying sexual
10desire of any individual. The term includes any of the
11following:

12(1) Touching the individual.

13(2) Touching by the individual, whether directly or
14through clothing.

15(3) Physical contact involving the genitalia of either
16the <-human trafficking victim victim of human trafficking or
17the perpetrator.

18(4) Deviate sexual intercourse, indecent contact or
19sexual intercourse as defined in section 3101 (relating to
20definitions).

21(5) Indecent assault, as defined in section 3126
22(relating to indecent assault).

23"Sexual conduct." As defined in section 5903(b) (relating to
24obscene and other sexual materials and performances). The term
25includes the following:

26(1) With respect to a minor, any activity under section
275903(c).

28(2) A commercial sex act.

29"Sexual servitude." Any sexual conduct or performance
30involving sexual conduct for which anything of value is directly

1or indirectly given, promised to or received by any individual
2or which is performed or provided by any individual, and is
3induced or obtained from:

4(1) A minor.

5(2) Any other individual by any of the means set forth
6in section 3012(b) (relating to involuntary servitude).

7"State plan." The State Plan for the Prevention of Human
8Trafficking developed in section 3051 (relating to State Plan
9for the Prevention of Human Trafficking).

<-10"Victim of human trafficking" or "victim." An individual who
11has been subjected to human trafficking.

12SUBCHAPTER B

13PROSECUTION OF HUMAN TRAFFICKING

14Sec.

153011. Trafficking in individuals.

163012. Involuntary servitude.

173013. Patronizing a victim of sexual servitude.

183014. Unlawful conduct regarding documents.

193015. Nonpayment of wages.

203016. Obstruction of justice.

213017. Violation by business entities.

223018. <-Nondefenses Evidence and defenses to human trafficking.

233019. Victim protection during prosecution.

243020. Restitution.

253021. Asset forfeiture.

263022. <-Forfeiture of professional licenses and governmental
27contracts <-Professional licenses.

283023. Cumulative remedies.

293024. Sentencing.

303025. Data collection.

1§ 3011. Trafficking in individuals.

2(a) Offense defined.--A person commits a felony of the
3second degree if the person:

4(1) recruits, entices, solicits, harbors, transports,
5provides, obtains or maintains an individual if the person
6knows or recklessly disregards <-the possibility that the
7individual will be subject to involuntary servitude; <-or

<-8(2) attempts to engage in any activity described in
9paragraph (1); or

10(3) <-(2) Knowingly benefits financially or receives
11anything of value from any act that facilitates any activity
12described in paragraph (1).

13(b) Trafficking in minors.--A person commits a felony of the
14first degree if the person engages in any activity listed in
15subsection (a) that results in a minor's being subjected to
16sexual servitude.

<-17(c) Nonapplicability.--This section does not apply to
18customers of persons engaging in or offering to engage in
19commercial sex acts or prostitution.

20§ 3012. Involuntary servitude.

21(a) Offense defined.--A person commits a felony of the first
22degree if the person <-knowingly, through any of the means
23described in subsection (b), subjects an individual to
24involuntary servitude. <-labor servitude or sexual servitude,
25except where such conduct is permissible under Federal or State
26law other than this chapter.

27(b) Means of subjecting an individual to involuntary
28servitude.--A person may subject an individual to involuntary
29servitude through any of the following means:

30(1) Causing or threatening to cause serious harm to any

1individual.

2(2) Physically restraining or threatening to physically
3restrain another individual.

4(3) Kidnapping or attempting to kidnap any individual.

5(4) Abusing or threatening to abuse the legal process.

6(5) Taking or retaining the individual's personal
7property or real property as a means of coercion.

8(6) Engaging in unlawful conduct with respect to
9documents, as defined in section 3014 (relating to unlawful
10conduct regarding documents).

11(7) Extortion or blackmail.

12(8) <-Deception or fraud. Fraud.

13(9) Criminal coercion, as defined in section 2906
14(relating to criminal coercion).

15(10) Duress, under section 309 (relating to duress).

16(11) Debt coercion.

<-17(12) Causing or threatening to cause financial harm to
18or exerting or threatening to exert financial control over
19the individual.

20(13) Facilitating or controlling the individual's access
21to an addictive controlled substance.

<-22(12) Facilitating or controlling the individual's access
23to a controlled substance.

24(14) (13) Using any scheme, plan or pattern<-, whether
25overt or subtle, intended to cause the individual to believe
26that, if the individual does not perform such labor,
27services, acts or performances, that individual or another
28individual will suffer serious harm or physical restraint.

<-29(c) Nonapplicability.--This section does not apply to 
30customers of persons engaging in or offering to engage in
 

1commercial sex acts or prostitution.

2§ 3013. Patronizing a victim of sexual servitude.

3(a) Offense defined.--A person commits a felony of the
4second degree if the person engages in any sexual conduct or
5performance with another individual knowing or in reckless<-
6disregard of the fact that the individual is a <-human trafficking
7victim <-victim of human trafficking.

8(b) Investigation.--An individual arrested for a violation
9of section 5902(e) (relating to prostitution and related
10offenses) <-shall may be formally detained and questioned by law
11enforcement personnel to determine if the individual engaged in
12any sexual conduct or performance with the alleged prostitute
13knowing or in reckless disregard of the fact that the individual
14is a <-human trafficking victim victim of human trafficking.

15(c) Fine.--A person whose violation of this subsection
16results in a judicial disposition other than acquittal or
17dismissal shall also pay a fine of $500 to the court, to be
18distributed to the council to fund the grant program established
19under section 3036 (relating to grants).

20§ 3014. Unlawful conduct regarding documents.

21(a) Applicability.--This section applies to an action that
22is done:

23(1) in the course of a violation of or with intent to
24violate section 3011 (relating to trafficking in individuals)
25or 3012 (relating to involuntary servitude); or

26(2) to prevent or restrict or to attempt to prevent or
27restrict, without lawful authority, the ability of an
28individual to move or travel, in order to maintain the
29involuntary servitude of that individual.

30(b) Offense defined.--A person commits a felony of the third

1degree if the person knowingly destroys, conceals, removes,
2confiscates or possesses an actual or purported:

3(1) passport or other immigration document of an
4individual; or

5(2) government identification document of an individual.

6§ 3015. Nonpayment of wages.

7(a) Offense defined.--A person who <-in connection with, as a 
8part of or in addition to engaging in human trafficking,
9willfully or with intent to defraud, fails or refuses to pay
10wages or otherwise causes financial harm to an individual for
11labor services rendered is guilty of:

12(1) A misdemeanor of the third degree if the amount owed
13to the individual is less than $2,000.

14(2) A felony of the third degree, if:

15(i) the amount owed to the individual is equal to or
16greater than $2,000;

17(ii) the failure or refusal constitutes a second or
18subsequent violation of this section; or

19(iii) the person falsely denies the amount due or
20the validity of the debt.

21(b) Offenses cumulative.--A person commits a separate
22offense under this section for each calendar month during which
23the individual earned wages that the person failed to pay or was
24otherwise financially harmed.

25§ 3016. Obstruction of justice.

26A person who commits a violation of Subchapter B of Chapter
2749 (relating to victim and witness intimidation) or Chapter 51
28(relating to obstructing governmental operations) that in any
29way interferes with or prevents the enforcement of this chapter
30shall be subject to the same penalties that may be imposed for

1the offense for which the person has been charged under this
2chapter.

3§ 3017. Violation by business entities.

4(a) Penalty.--Any business entity, including a corporation
5or unincorporated association, limited liability partnership or
6company or other legal entity that aids or participates in any
7violation of this chapter, shall be subject to any of the
8following penalties:

<-9(1) Either or both of the following:

10(i) A fine of not more than $1,000,000.

11(ii) The suspension or revocation of any license,
12permit or prior approval granted to it by a Commonwealth
13or local government agency.

14(2) Either:

15(i) the revocation of the business entity's charter
16if it is organized under the laws of this Commonwealth;
17or

18(ii) the revocation of the business entity's
19certificate to do business in this Commonwealth if the
20business entity is not organized under the laws of this
21Commonwealth.

<-22(1) A fine of not more than $1,000,000.

23(2) Revocation of the business entity's:

24(i) charter, if it is organized under the laws of
25this Commonwealth; or

26(ii) certificate to do business in this
27Commonwealth, if the business entity is not organized
28under the laws of this Commonwealth.

29(3) Such other relief as the court deems equitable,
30including the forfeiture of assets or other provision for

1restitution as provided in this chapter.

2(b) Disposition of fines.--Fines imposed under this section
3shall be paid to the council to fund the grant program
4established under section 3036 (relating to grants).

5(c) Knowledge.--Notwithstanding any exemption from liability
6provided for in 15 Pa.C.S. §§ 8523 (relating to liability of
7limited partners to third parties) and 8922 (relating to
8liability of members), an officer, director, partner, manager or
9member of any entity found liable under this section:

10(1) Shall not be liable under this section if the person
11acted in good faith, in a manner that the person reasonably
12believed to be in the best interests of the corporation,
13partnership or company, and with such care, including
14reasonable inquiry, skill and diligence, as a person of
15ordinary prudence would use under similar circumstances.

16(2) Shall be liable under this section if the person has
17knowledge of such other facts as in the circumstances shows
18bad faith.

19§ 3018. <-Nondefenses Evidence and defenses to human trafficking.

20(a) <-Nondefenses to human trafficking involving sexual
21servitude <-General rule.--Evidence of the following facts or
22conditions shall not constitute a defense in a prosecution for a
23violation under this chapter, nor shall such evidence preclude a
24finding of a violation under this chapter:

<-25(1) A human trafficking victim's prior sexual history or
26history of participation in commercial sex acts or
27performances involving sexual conduct, as provided in section
283104 (relating to evidence of victim's sexual conduct).

29(2) A human trafficking victim's consent or permission,
30or the consent or permission of any other person on the human

1trafficking victim's behalf to any sexual conduct or
2performance, as provided in section 311(c) (relating to
3consent).

<-4(1) Specific instances of past sexual conduct of the
5victim of human trafficking, opinion evidence of the alleged
6victim's past sexual conduct and reputation evidence of the
7alleged victim's past sexual conduct shall not be admissible
8in a prosecution under this chapter, except evidence of the
9alleged victim's past sexual conduct with the defendant shall
10be admissible where consent of the alleged victim is at issue
11and such evidence is otherwise admissible pursuant to the
12rules of evidence. A defendant who proposes to offer evidence
13of the alleged victim's past sexual conduct pursuant to this
14paragraph shall file a written motion and offer of proof at
15the time of trial. If, at the time of trial, the court
16determines that the motion and offer of proof are sufficient
17on their faces, the court shall order an in camera hearing
18and shall make findings on the record as to the relevance and
19admissibility of the proposed evidence pursuant to the
20standards of this paragraph.

<-21(3) A human trafficking victim's age (2) The age of the
22victim of human trafficking with respect to the age of
23consent to sex or legal age of marriage.

24(b) <-Nondefense to human trafficking involving Victim's
25consent to employment contract in labor servitude.--The <-human
26trafficking victim's consent <-consent of the victim of human
27trafficking to an employment contract, even if there was not
28fraud involved in the contract's formation, shall not be a
29defense to labor trafficking if force or coercion <-as described
30in section 3012(b) (relating to involuntary servitude) were

1involved in the making of the contract.

2(c) <-Sexual servitude of minor Victim's age in sexual
3servitude.--Except as provided in section 3102 (relating to
4mistake as to age), evidence of a defendant's lack of knowledge
5of a person's age, or a reasonable mistake of age, is not a
6defense for a violation of this chapter involving the sexual
7servitude of a minor.

8§ 3019. Victim protection during prosecution.

9(a) Disclosure of <-human trafficking victim's name name of
10victim of human trafficking.--Notwithstanding any other
11provision of law to the contrary, unless the court otherwise
12orders in a prosecution involving a <-human trafficking victim
<-13victim of human trafficking, an officer or employee of the court
14may not disclose the identity of the <-human trafficking victim
<-15victim of human trafficking to the public. Any record revealing
16the name of the human trafficking victim <-victim of human
17trafficking shall not be open to public inspection.

18(b) Affirmative defense.--An individual who is <-a defendant
19in a criminal trial may offer a defense at trial that the
20individual was a human trafficking victim and that the crime was
21committed as a direct result of the individual's status as a
22human trafficking victim.

23(c) Documentation of human trafficking victim status.--
24Official documentation of the defendant's status as a human
25trafficking victim at the time of the offense from a Federal,
26State or local government agency or a victim services agency or
27organization:

28(1) Shall create a presumption that the defendant's
29participation in the offense was a result of having been a
30human trafficking victim.

1(2) Shall not be required for granting a motion under
2this section.

3(d) Vacation of prior prostitution convictions.--At any time
4after the entry of a judgment of conviction under section 5902
5(relating to prostitution and related offenses), upon motion of
6the attorney for the Commonwealth, the court in which the
7judgment was entered may vacate the judgment against the
8defendant upon the ground that the defendant was a human
9trafficking victim under this chapter or under the Trafficking
10Victims Protection Act of 2000 (22 U.S.C. § 7101 et seq.) and
11participation in the offense was a result of having been a human
12trafficking victim. The attorney for the Commonwealth in the
13county of such conviction shall forward information regarding
14the defendant's status as a human trafficking victim to the
15district attorney of another county in which the defendant faces
16similar charges. <-charged with any violation under section 5902
17(relating to prostitution and related offenses) may offer the
18defense at trial that he engaged in the conduct charged to
19constitute an offense because he was compelled to do so by
20coercion or the use of, or a threat to use, unlawful force
21against his person or the person of another, which a person of
22reasonable firmness in his situation would have been unable to
23resist.

24(c) Diversionary program.--An individual who is charged with
25violating a trespassing, loitering, obstruction of highway,
26disorderly conduct, or simple possession of a controlled
27substance statute that directly results from being a victim of
28human trafficking, where the violation is his first offense,
29shall be given first consideration for a pretrial diversionary
30program by the judicial authority with jurisdiction over the

1violations. If the individual successfully completes the
2diversionary program, the individual's records of the charge of
3violating the statute shall be expunged as provided for under
4section 9122 (relating to expungement).

5(d) Motion to vacate conviction.--

6(1) An individual convicted under section 3503 (relating
7to criminal trespass), 5503 (relating to disorderly conduct),
85506 (relating to loitering and prowling at night time), 5507
9(relating to obstructing highways and other public passages)
10or 5902, or an offense for simple possession of a controlled
11substance committed as a direct result of being a victim of
12human trafficking may file a motion to vacate the conviction.

13(2) A motion under this subsection shall:

14(i) Be in writing.

15(ii) Be signed and consented to by attorney for the
16Commonwealth.

17(iii) Describe the supporting evidence with
18particularity.

19(iv) Include copies of any documents showing that
20the moving party is entitled to relief under this
21section.

22(e) Official documentation.--No official determination or
23documentation is required to grant a motion under this section,
24but official documentation from a Federal, state or local
25government agency indicating that the defendant was a victim at
26the time of the offense creates a presumption that the
27defendant's participation in the offense was a direct result of
28being a victim.

29(f) Grant of motion.--The court shall grant the motion if it
30finds that:

1(1) The moving party was convicted under section 5902 or
2other nonviolent misdemeanor offense.

3(2) The conviction was obtained as a result of the
4moving party's having been a victim of human trafficking.

5(g) Conviction vacated.--If the motion under subsection (d)
6is granted, the court shall vacate the conviction, strike the
7adjudication of guilt and order the expungement of the record of
8the criminal proceedings. The court shall issue an order to
9expunge all records and files related to the moving party's
10arrest, citation, investigation, charge, adjudication of guilt,
11criminal proceedings and probation for the offense. The court
12may take any additional action that it deems appropriate under
13the circumstances or that justice requires.

14§ 3020. Restitution.

15(a) Order.--The court shall order a person found guilty of a
16violation of this chapter to pay restitution to the <-human
17trafficking victim, <-victim of human trafficking under the
18provisions of section 1106 (relating to restitution for injuries
19to person or property) and under the following conditions:

<-20(1) If the human trafficking victim dies as a result of
21human trafficking, the following shall be entitled to
22restitution, in the following order:

23(i) The surviving spouse of the human trafficking
24victim.

25(ii) The lineal descendants of the human trafficking
26victim, per stirpes.

27(iii) The estate of the human trafficking victim.

28(2) A person who violates this chapter shall be
29ineligible to receive restitution as set forth in paragraph
30(1).

1(3) A person ordered to pay restitution under this
2chapter may prove, by clear and convincing evidence, that an
3individual who would be entitled to restitution as a human
4trafficking victim under paragraph (1) knowingly participated
5in trafficking activities, in which case that individual
6shall not be eligible for restitution.

<-7(1) A person who violates this chapter shall be
8ineligible to receive restitution.

<-9(4) (2) The following items may be included in an order
10of restitution:, in the discretion of the court:<-

11(i) The costs of medical and psychological
12treatment, including:

13(A) physical and occupational therapy and
14rehabilitation; and

15(B) counseling for:

16(I) a human trafficking victim;

17(II) an individual responsible for the human
18trafficking victim's welfare;

19(III) an individual related to the human
20trafficking victim within the second degree of
21consanguinity or affinity;

22(IV) an individual maintaining a common-law
23relationship with the human trafficking victim;

24(V) an individual residing in the same
25household with the human trafficking victim; or

26(VI) an individual engaged to be married to
27the human trafficking victim.

28(ii) The costs of transportation, temporary housing
29and child care.

30(iii) Attorney fees and other court-related costs,

1including victim advocate fees.

2(iv) (i) For the period during which the <-human
3trafficking victim <-victim of human trafficking was
4engaged in involuntary servitude, the greater of the
5following:

6(A) The value of the <-human trafficking victim's
7services <-services of the victim of human trafficking
8as guaranteed under the minimum wage and overtime
9provisions of the laws of this Commonwealth.

10(B) The gross income or value to the defendant
11of the <-human trafficking victim's services services
12of the victim of human trafficking.

13(C) The amount the <-human trafficking victim
<-14victim of human trafficking was promised, or the
15amount someone in the <-human trafficking victim's
16position <-position of the victim of human trafficking
17would have reasonably expected to earn.

18(v) (ii) The return of property of the <-human
19trafficking victim <-victim of human trafficking, cost of
20damage to the property or the full <-replacement value of
21the property if taken, destroyed or damaged beyond repair
22as a result of human trafficking.

<-23(vi) Relocation expenses for the human trafficking
24victim and members of the human trafficking victim's
25family or household if the relocation is verified as
26necessary by:

27(A) a law enforcement official, for the personal
28safety of the human trafficking victim or the human
29trafficking victim's family or household members; or

30(B) a mental health treatment provider, for the

1emotional well-being of the human trafficking victim.

2(vii) Repatriation of the human trafficking victim
3to the human trafficking victim's home country, if
4applicable.

5(5) <-(3) Collection and distribution of restitution
6payments shall be governed by the provisions of 42 Pa.C.S. §§
79728 (relating to collection of restitution, reparation,
8fees, costs, fines and penalties), 9730 (relating to payment
9of court costs, restitution and fines) and 9730.1 (relating
10to collection of court costs, restitution and fines by
11private collection agency).

12(b) Special rule for sexual servitude victims.--An
13individual who is a victim of sexual servitude:

14(1) Shall not receive restitution as replacement for
15income earned in an illegal activity.

16(2) Shall be entitled to restitution in the form of
17tuition and fees, not to exceed the average costs of a two-
18year degree program at a Pennsylvania community college, in
19order to obtain training or education necessary to become
20gainfully and legally employed.

21(c) Limitation on restitution.--<-Other than amounts allowed
22under subparagraph (a)(4)(iv), any <-Any award made under this
23section shall be in an amount not exceeding out-of-pocket
24expenses.

<-25(d) Reduction.--Except as otherwise provided in this
26chapter, an award made under this chapter shall be reduced by
27the amount of any payments that are received or to be received
28by the human trafficking victim as a result of the human
29trafficking and that are derived from one or more of the
30following:

1(1) from or on behalf of the person who was convicted of
2trafficking the human trafficking victim;

3(2) under any insurance or health and welfare programs,
4including those mandated by law;

5(3) under any contract of insurance wherein the human
6trafficking victim is the beneficiary;

7(4) from public funds;

8(5) under any pension program, including those providing
9for disability or survivor's benefits; or

10(6) under a settlement or award made by or on behalf of
11a party alleged to be responsible in whole or in part for the
12human trafficking victim's status as a human trafficking
13victim, without regard to the party's criminal culpability.

14(e) Nongovernmental organizations.--The court may order
15payment of restitution to a nongovernmental organization for all
16out-of-pocket expenses incurred in assisting a human trafficking
17victim.

18(f) Definition.--As used in this section, the term
19"relocation expenses" shall include deposits for utilities and
20phone services, deposits for rental housing, temporary lodging
21and food expenses, clothing expenses, expenses for personal
22items and other moving expenses.

23§ 3021. Asset forfeiture.

24(a) General rule.--The following shall be subject to
25forfeiture to this Commonwealth, and no property right shall
26exist in them:

27(1) All assets, foreign or domestic:

28(i) Of an individual, entity or organization engaged
29in planning or perpetrating an act in this Commonwealth
30which violates section 3011 (relating to trafficking in

1individuals) or 3012 (relating to involuntary servitude).

2(ii) Affording a person a source of influence over
3such individual, entity or organization under
4subparagraph (i).

5(iii) Acquired or maintained by a person with the
6intent and for the purpose of supporting, planning,
7conducting or concealing an act in this Commonwealth
8which violates section 3011 or 3012.

9(iv) Derived from, involved in or used or intended
10to be used to commit an act in this Commonwealth which
11violates section 3011 or 3012.

12(2) All assets within this Commonwealth:

13(i) Of an individual, entity or organization engaged
14in planning or perpetrating an act which violates section
153011 or 3012.

16(ii) Acquired or maintained with the intent and for
17the purpose of supporting, planning, conducting or
18concealing an act which violates section 3011 or 3012.

19(iii) Derived from, involved in or used or intended
20to be used to commit an act which violates section 3011
21or 3012.

<-22(b) Process and seizures.--Property subject to forfeiture

<-23(b) Process and seizures.--

24(1) Property subject to forfeiture under this section
25may be seized by a law enforcement agency upon process issued
26by any court of common pleas having jurisdiction over the
27property.

<-28(2) Seizure without process may be made if:

29(i)  the seizure is incident to an arrest or a search
30under a search warrant or inspection under an

1administrative inspection warrant;

2(ii) the property subject to seizure has been the
3subject of a prior judgment in favor of the Commonwealth
4in a criminal injunction or forfeiture proceeding under
5this chapter;

6(iii) there is probable cause to believe that the
7property is dangerous to health or safety; or

8(iv) there is probable cause to believe that the
9property has been used or is intended to be used in
10violation of this chapter.

11(3) In the event that seizure without process occurs as
12provided for in paragraph (2), proceedings for the issuance
13of process shall be instituted promptly.

14(c) Custody of property.--

15(1) Property taken or detained under this section shall
16not be subject to replevin but is deemed to be in the custody
17of the law enforcement agency<-, the district attorney or the 
18Attorney General subject only to the orders and decrees of
19the court of common pleas having jurisdiction over the
20forfeiture proceedings.

21(2) When property is seized under this section, the law
22enforcement agency shall place the property under seal and
23either:

24(i) remove the property to a place designated by it;
25or

26(ii) require that the district attorney take custody
27of the property and remove it to an appropriate location
28for disposition in accordance with law.

29(d) Transfer of property.--Whenever property is forfeited
30under this section, the property shall be transferred to the

1custody of the district attorney<-. The district attorney, if the
2law enforcement authority seizing the property has county or
3local jurisdiction, or the Attorney General if the law
4enforcement authority seizing the property has Statewide
5jurisdiction. The Attorney General or district attorney, where
6appropriate, shall may sell the property. The proceeds from <-the
<-7a sale shall first be used to pay all proper expenses of the
8proceedings for forfeiture and sale, including expenses of
9seizure, maintenance of custody, advertising and court costs.
10The balance of the proceeds shall be distributed under
11subsection (m).

12(e) Proceedings and petition.--

13(1) The proceedings for the forfeiture or condemnation
14of property shall be in rem, in which the Commonwealth shall
15be the plaintiff and the property the defendant.

16(2) A petition shall:

17(i) be filed in the court of common pleas of the
18judicial district where the property is located;

19(ii) be verified by oath or affirmation of an
20officer or citizen; and

21(iii) contain the following:

22(A) A description of the property seized.

23(B) A statement of the time and place where
24seized.

25(C) The owner, if known.

26(D) The person or persons in possession, if
27known.

28(E) An allegation that the property is subject
29to forfeiture under this section and an averment of
30material facts upon which forfeiture action is based.

1(F) A prayer for an order of forfeiture that the
2property be adjudged forfeited to the Commonwealth
3and condemned unless cause to the contrary is shown.

4(f) Service.--

5(1) A copy of the petition required under subsection (e)
6shall be served personally or by certified mail on the owner
7or the person or persons in possession at the time of the
8seizure.

9(2) The copy shall have endorsed a notice as follows:

10To the claimant of the within described property:

11You are required to file an answer to this petition,
12setting forth your title in and right to possession
13of the property within 30 days from the service of
14this notice. You are also notified that, if you fail
15to file the answer, a decree of forfeiture and
16condemnation will be entered against the property.

17(3) The notice shall be signed by the district attorney,
18deputy district attorney or assistant district attorney <-or 
19the Attorney General or a deputy attorney general.

20(g) Notice.--

21(1) Notice of the petition shall be given by the
22Commonwealth through an advertisement in only one newspaper
23of general circulation published in the county where the
24property shall have been seized, once a week for two
25successive weeks if:

26(i) the owner of the property is unknown;

27(ii) there was no person in possession of the
28property when seized;

29(iii) the owner or such person or persons in
30possession at the time of the seizure cannot be

1personally served or located within the jurisdiction of
2the court.

3(2) Notwithstanding any other law to the contrary, <-this
4section does not require any advertisement <-no advertisement
5shall be required.

6(3) The notice <-of the petition shall:

7(i) contain a statement of the seizure of the
8property, a description of the property, the place and
9date of seizure; and

10(ii) direct any claimants to the property to file a
11claim on or before a date given in the notice, which date
12shall not be less than 30 days from the date of the first
13publication.

14(4) If no claims are filed within 30 days of
15publication, the property shall summarily forfeit to the
16Commonwealth.

17(h) Unknown owner.--For purposes of this section, the owner
18or other such person cannot be found in the jurisdiction of the
19court if:

20(1) A copy of the petition is mailed to the last known
21address by certified mail and is returned without delivery.

22(2) Personal service is attempted once but cannot be
23made at the last known address.

24(3) A copy of the petition is left at the last known
25address.

26(i) Waiver of notice.--The notice provisions of this section
27are automatically waived if the owner, without good cause, fails
28to appear in court in response to a subpoena on the underlying
29criminal charges. If good cause has not been demonstrated and 45
30days have passed since the owner failed to appear, the property

1shall summarily forfeit to the Commonwealth.

2(j) Hearing date.--Upon the filing of a claim for the
3property setting forth a right of possession, the case shall be
4deemed at issue and a date and time shall be fixed for the
5hearing.

6(k) Burden of proof.--If the Commonwealth produces evidence
7at the hearing under this section that the property in question
8was unlawfully used, possessed or otherwise subject to
9forfeiture under this section, the burden shall be upon the
10claimant to show by a preponderance of the evidence that:

11(1) the claimant is the owner of the property or the
12holder of a chattel mortgage or contract of conditional sale
13thereon;

14(2) the claimant lawfully acquired the property; and

15(3) the property was not unlawfully used or possessed by
16the claimant. If it appears that the property was unlawfully
17used or possessed by a person other than the claimant, then
18the claimant shall show that the unlawful use or possession
19was without his knowledge or consent. Such absence of
20knowledge or consent must be reasonable under the
21circumstances presented.

22(l) Claims of ownership.--

23(1) A person may file a petition <-to the court or answer
24the Commonwealth's petition alleging:

25(i) Ownership of the property.

26(ii) A right of possession to the property.

27(iii) A lien or reservation of title to the property
28as the holder of:

29(A) a chattel mortgage upon the property; or

30(B) a contract of conditional sale upon the

1property.

2(2) A public hearing shall be held, with due notice
3given to the district attorney <-or Attorney General.

4(3) The court may order the property returned or
5delivered to the claimant upon proof by a preponderance of
6the evidence by the claimant that:

7(i) the property was lawfully acquired, possessed
8and used by the claimant; or

9(ii) if it appears that the property was unlawfully
10used by a person other than the claimant, the unlawful
11use was without the claimant's knowledge or consent. The
12absence of knowledge or consent must be reasonable under
13the circumstances presented.

14(m) Disposition of proceeds.--Subject to subsection (d), all
15moneys forfeited and the proceeds from the sale of all property
16forfeited and seized under this section shall be paid as
17follows:

18(1) Any <-local law enforcement agency shall be reimbursed
19if it has used its own funds in the detection, investigation,
20apprehension and prosecution of persons for violation of
21sections 3011 and 3012.

22(2) Any amount remaining after reimbursement under
23paragraph (1) shall be distributed under the following
24formula:

25(i) Thirty percent to the office of the <-district
<-26prosecuting attorney to be used to investigate and
27prosecute human trafficking cases.

28(ii) Thirty-five percent to the <-council commission
29to fund the grant program established in section 3036
30(relating to grants).

1(iii) Thirty-five percent to the Office of Victims'
2Services in the <-Pennsylvania Commission on Crime and
3Delinquency commission to provide services to <-human
4trafficking victims <-victims of human trafficking in the
5manner set forth in Chapter 9 of the act of November 24,
61998 (P.L.882, No.111), known as the Crime Victims Act.

7(n) Assets located outside United States.--Assets of persons
8convicted of violations of sections 3011 and 3012 that are
9located outside the United States shall also be subject to
10forfeiture to the extent they can be retrieved by the
11Commonwealth.

12§ 3022. <-Forfeiture of professional licenses and governmental
13contracts <-Professional licenses.

14(a) <-Revocation Suspension of professional license.--The
15professional license of a licensee who knowingly employs or
16permits the employment of a <-human trafficking victim victim of
17human trafficking shall be revoked suspended for a <-minimum
18period of one year.

19(b) Administrative procedure.--<-Revocations under subsections
20(a) and (c)(2)(i) <-A suspension under subsection (a) shall be
21subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
22procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
23to judicial review of Commonwealth agency action).

<-24(c) Loss of public works contract.--A public works
25contractor or subcontractor who knowingly employs or permits the
26employment of a human trafficking victim is subject to the
27following:

28(1) For a first offense relating to the public contract,
29the Secretary of Labor and Industry shall issue a warning
30letter detailing the violation. The letter shall be posted on

1the Department of Labor and Industry's Internet website.

2(2) For a second offense relating to the public
3contract:

4(i) At the discretion of the Commonwealth agency
5public body with which the public works contractor has
6contracted, the contractor may be subject to termination
7of the contract by the Commonwealth agency public body
8and a fine of up to $2,000. The right of the Commonwealth
9agency public body to terminate the contract under this
10subparagraph may not be waived.

11(ii) At the discretion of the public works
12contractor with whom the subcontractor has contracted,
13the subcontractor may be subject to termination of the
14subcontract by the public works contractor without
15recourse against or penalty to the public works
16contractor. The right of the public works contractor to
17terminate the subcontract under this subparagraph may not
18be waived.

19(3) For a third or subsequent offense relating to the
20public contract, at the discretion of the Secretary of Labor
21and Industry, in addition to the sanctions in paragraph (2),
22the contractor or subcontractor shall be subject to debarment
23under 62 Pa.C.S. § 531 (relating to debarment or suspension)
24for one year.

25(d) <-(c) Affirmative defense.--It shall be an affirmative
26defense to any proceeding for a violation of this chapter that a
27licensee<- or public works contractor or subcontractor:

28(1) complied with section 274A of the Immigration and
29Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a) with respect
30to hiring, recruiting or referring an individual for

1employment in the United States; or

2(2) required a contractor or subcontractor to certify
3compliance with section 274A of the Immigration and
4Nationality Act with respect to hiring, recruiting or
5referring an individual for employment in the United States.

<-6(e) Definitions.--The following words and phrases when used
7in this section shall have the meanings given to them in this
8subsection unless the context clearly indicates otherwise:

9"Licensee." An individual, corporation, partnership, limited

<-10(d) Definition.--As used in this section, "licensee" shall
11mean an individual, corporation, partnership, limited liability
12company or other legal entity that holds a license issued by <-a
13departmental or <-an administrative board or commission under the
14Bureau of Professional and Occupational Affairs in the
15Department of State.

<-16"Public body." The Commonwealth of Pennsylvania, any of its
17political subdivisions, any authority created by the General
18Assembly of the Commonwealth and any instrumentality or agency
19of the Commonwealth.

20"Public work." Construction, reconstruction, demolition,
21alteration and repair work other than maintenance work, done
22under contract and paid for in whole or in part out of the funds
23of a public body where the estimated cost of the total project
24is in excess of $25,000. The term shall not include work
25performed under a rehabilitation or manpower training program.

26"Public works contractor." A contractor that provides goods
27or services under a contract involving a public works project.

28"Public works project." A project involving a public work.

29"Subcontractor." A person, other than a natural person and
30including, but not limited to, a staffing agency, temporary

1employment agency or placement agency that performs work for a
2public works contractor under a contract for a public work.

3§ 3023. Cumulative remedies.

4Any remedies under this chapter shall be in addition to any
5other criminal penalties or forfeitures authorized under the
6laws of this Commonwealth.

7§ 3024. Sentencing.

<-8(a) Sentencing enhancements.--In determining a sentence of
9imprisonment for any violation of this chapter, the court shall
10consider the following aggravating factors as justification for
11imposing the maximum sentence allowed under law:

12(1) If a human trafficking victim suffered bodily
13injury, with increased penalties for:

14(i) Serious bodily injury, as defined in section
152301 (relating to definitions).

16(ii) Permanent or life-threatening bodily injury.

17(iii) Death.

18(2) The time the individual was held in involuntary
19servitude, with increased penalties for holding a human
20trafficking victim:

21(i) For at least 180 days and less than one year.

22(ii) For one year or more.

23(3) The number of human trafficking victims, with
24increased penalties if violations involved more than one
25human trafficking victim.

26(4) If the human trafficking victim was a minor at the
27time of the initial offense under this chapter.

28(b) Victim impact statement.--Human trafficking victims
29under this chapter shall have the opportunity to offer prior
30comment on the sentencing of a defendant under the following

1circumstances:

2(1) The office of the district attorney shall provide
3notice of the opportunity to the human trafficking victim.

4(2) The prior comment may include the submission of a
5written and oral victim impact statement detailing the
6physical, psychological and economic effects of the crime on
7the human trafficking victim and the human trafficking
8victim's family.

9(3) The written statement or oral transcript shall be
10included in any predisposition or presentence report
11submitted to the court.

12(4) Victim impact statements shall be considered by a
13court when determining a sentence.

14(5) An interpreter who speaks a language that the human
15trafficking victim understands shall be made available to the
16human trafficking victim during the course of legal
17proceedings.

<-18The Pennsylvania Commission on Sentencing, in accordance with
1942 Pa.C.S. § 2154 (relating to adoption of guidelines for
20sentencing), shall provide for sentencing enhancements for
21courts to consider in cases involving trafficking in individuals
22and involuntary servitude.

23§ 3025. Data collection.

24The Pennsylvania Commission on Sentencing established in 42
25Pa.C.S. § 2151.2 (relating to commission) shall collect data and
26other relevant information on sentences imposed under this
27subchapter.

28SUBCHAPTER C

29PREVENTION OF HUMAN TRAFFICKING

30Sec.

13031. Pennsylvania Council for the Prevention of Human
2Trafficking.

33032. Commission responsibilities.

43033. Training.

53034. Public awareness.

63035. National Human Trafficking Resource Center Hotline.

73036. Grants.

83037. Role of nongovernmental organizations.

9§ 3031. Pennsylvania Council for the Prevention of Human
10Trafficking.

<-11(a) Establishment.--The Pennsylvania Council for the

<-12(a) Establishment.--

13(1) Pursuant to the provisions of paragraph (2), the
14Pennsylvania Council for the Prevention of Human Trafficking
15is established <-in the commission.

<-16(2) The commission may establish the council in the
17commission, subject to the availability of funds, to provide
18support for the administration of the council and for the
19implementation of the council's responsibilities or the
20commission may enter into a contract, memorandum of
21understanding or other agreement with another governmental or
22a nongovernmental entity to establish the council, provide
23support for the administration of the council and implement
24the council's responsibilities.

25(b) Membership.--The council <-shall may include the
26following:

27(1) A representative of the Office of the Governor.

28(2) A representative of the Office of Attorney General.

29(3) A representative of the Department of Labor and
30Industry.

1(4) A representative of the Department of Health.

2(5) A representative of the Department of Public
3Welfare.

4(6) A representative of the Department of State.

5(7) A representative of the Pennsylvania State Police.

6(8) A representative of the Pennsylvania District
7Attorneys Association.

8(9) A representative of the Pennsylvania Chiefs of
9Police Association.

10(10) A representative of the Pennsylvania Sheriffs'
11Association.

12(11) A representative of the Pennsylvania Coalition
13Against Domestic Violence.

14(12) A representative of the Pennsylvania Coalition
15Against Rape.

16(13) Three representatives of local law enforcement
17agencies<- appointed by the Governor.

18(14) Ten representatives from nongovernmental
19organizations<- appointed by the Governor to include:

20(i) organizations with substantial experience
21serving <-human trafficking victims victims of human
22trafficking;

23(ii) regional organizations, including task forces
24and coalitions devoted to human trafficking;

25(iii) agencies devoted to runaway services; and

26(iv) academic researchers dedicated to the subject
27of human trafficking.

<-28(15) A representative of the Pennsylvania Commission on
29Sentencing.

30(c) Federal government representation on council.--<-The

1Governor shall invite a <-A representative from each of the
2following organizations operating within the Commonwealth <-may be
3invited by the council to be members of the council:

4(1) The United States Attorneys' offices.

5(2) The Federal Bureau of Investigation.

6(3) The United States Immigration and Customs
7Enforcement.

8(4) The United States Department of Labor.

9(d) Procedural matters.--

10(1) The council shall meet at least four times annually.

11(2) The commission <-or entity, as appropriate under 
12subsection (a)(2), shall call and organize the first meeting
13of the council, at which time the council shall elect from
14among the membership a chair, who shall serve for two years,
15or until a successor is elected.

16(3) A simple majority of the council members shall
17constitute a quorum.

18(4) Members of the council shall serve without
19compensation, but each member <-shall may be reimbursed for any
20actual and necessary expenses incurred in the performance of
21council-related duties. Expenses may include reimbursement of
22travel and living expenses while engaged in council business.

23(5) The council shall establish rules for the conduct of
24its meetings.

25(e) Responsibilities.--The council shall:

26(1) Develop and assist the commission in implementing
27the State plan developed in section 3051 (relating to State
28Plan for the Prevention of Human Trafficking).

29(2) <-Administer the grant program established in section
303036 (relating to grants) <-Enhance and support local and

1regional efforts to deter human trafficking.

2(3) Advise <-and assist the commission in carrying out its
3duties under this chapter.

<-4(f) Annual report.--The council shall submit an annual
5report of its findings and recommendations to the Governor, the
6President pro tempore of the Senate and the Speaker of the House
7of Representatives on or before December 31 of each calendar
8year.

9§ 3032. Commission responsibilities.

10(a) Responsibilities.--The commission shall<-, subject to the
11availability of resources:

12(1) <-Enhance and support local and regional efforts to
13combat human trafficking <-Administer the grant program
14established in section 3036 (relating to grants).

15(2) Coordinate the implementation of the State plan.

16(3) Coordinate the sharing of information between
17agencies for the purposes of detecting persons engaged in
18human trafficking.

19(4) Explore the establishment of State policies for time
20limits for the issuance of law enforcement agency
21endorsements as described in Federal regulations found at 8
22CFR § 214.11(f)(1) (relating to alien victims of severe forms
23of trafficking in persons).

<-24(5) Establish policies to work with nongovernmental
25organizations to prevent human trafficking and provide
26assistance to human trafficking victims.

27(6) Review existing services and facilities to meet the
28needs of human trafficking victims and recommend improved
29coordination efforts involving:

30(i) Health services, including mental health

1services.

2(ii) Housing.

3(iii) Education and job training.

4(iv) English as a Second Language classes.

5(v) Interpreting services.

6(vi) Legal and immigration services.

7(vii) Victim compensation.

8(viii) Processes and procedures to protect human
9trafficking victims after identification as a human
10trafficking victim.

11(7) Evaluate various approaches used by State and local
12governments to increase public awareness of human
13trafficking.

14(8) Develop screening protocols for use by emergency
15medical services providers as defined in 35 Pa.C.S. § 8103
16(relating to definitions).

17(9) Compile and publish a Statewide directory of
18agencies that provide services to human trafficking victims.

19(10) Develop guidelines for size and display of public
20information materials developed under section 3034 (relating
21to public awareness).

<-22(5) Recommend policies and procedures for the
23coordination of the following services for human trafficking
24victims:

25(i) Healthcare services, including mental health
26services, testing for sexually transmitted diseases,
27immunodeficiency viruses and substance abuse counseling.

28(ii) Appropriate housing, taking into account the
29victim's status as a victim of an offense enumerated
30under this chapter.

1(iii) Employment, education and training
2opportunities.

3(iv) English as a second language classes.

4(v) Interpreting services.

5(vi) Legal and immigration services.

6(vii) Child care services.

<-7(11) (6) Provide administrative support or other
8assistance to the council.

<-9(b) Delegation of responsibilities.--The commission may
10delegate any or all of its duties to nongovernmental
11organizations.

12§ 3033. Training.

13(a) <-Law enforcement personnel Course of training.--The
14commission shall develop a course of training in all aspects of
15human trafficking <-to be included as a component of in-service
16training for the following:

17(1) Members of the Pennsylvania State Police.

18(2) Municipal police officers, as defined in 53 Pa.C.S.
19Ch. 21 (relating to employees).

20(3) County sheriffs and deputy sheriffs.

21(4) Adult and juvenile parole and probation officers.

22(b) Juvenile detention center staff.--The commission shall
23develop a course of training in all aspects of human trafficking
24to be presented as an annual workshop for all juvenile detention
25center staff.,<- which may include virtual training. The training
26shall be included as a component of certification or in-service
27training by, but not limited to:

28(1) The members of the Pennsylvania State Police.

29(2) Municipal police officers as defined in 53 Pa.C.S.
30Ch. 21 (relating to employees).

1(3) County sheriffs and deputy sheriffs.

2(4) Adult and juvenile parole and probation officers.

3(5) Agents of the Office of Attorney General.

4(6) Juvenile detention center staff.

5(c) Other agencies.--The following <-shall government entities
6may add a training component to identify <-human trafficking
7victims <-victims of human trafficking for use by their personnel:

8(1) The Department of Corrections.

9(2) The Department of Health.

10(3) The Department of Public Welfare.

11(4) The Department of Education.

12(5) The Department of Labor and Industry.

13(6) The Office of Victim Advocate.

14(7) The commission.

15(d) <-Victims in shelters Shelter personnel.--The commission
16shall develop training materials<-, which may include virtual
17training materials, for use by staff working in domestic
18violence, sexual violence and human trafficking shelters to
19ensure the safety of <-human trafficking victims victims of human
20trafficking residing in shelters.

21§ 3034. Public awareness.

22(a) Potential victims and content.--In cooperation with
23appropriate nongovernmental organizations <-and the council, the
24commission shall prepare public awareness programs designed to
25educate potential victims and their families <-the community on
26the risks of human trafficking, including information regarding:

27(1) Common recruitment techniques.

28(2) The use of debt bondage.

29(3) Common coercive tactics.

30(4) The health risks of maltreatment, rape, exposure to

1HIV/AIDS and sexually transmitted diseases.

2(5) The potential psychological harm.

3(6) The risks of engaging in commercial sex acts and
4possible punishment.

5(7) <-Human trafficking victims' rights The rights of
6victims of human trafficking under Federal and State law.

7(8) Methods for reporting suspected recruitment
8activities.

9(9) Types of services available to victims and how to
10access such services.

11(10) Relevant hotlines, including the National Human
12Trafficking Resource Center Hotline under section 3035
13(relating to National Human Trafficking Resource Center
14Hotline).

15(b) General public awareness programs.--In cooperation with
16other appropriate governmental agencies and nongovernmental
17organizations, the commission shall prepare and disseminate
18general public awareness programs and materials to educate the
19public on the extent of human trafficking of both United States
20citizens and foreign nationals and to discourage the demand that
21fosters the exploitation of persons that leads to human
22trafficking.

23(c) Content.--General public awareness programs and
24materials under this section shall recognize and be sensitive to
25ethnic and cultural differences among <-human trafficking victims
<-26victims of human trafficking and may include:

27(1) The impact of human trafficking on individual
28victims.

29(2) Aggregate information on human trafficking worldwide
30and domestically.

1(3) Warnings of the criminal consequences of engaging in
2human trafficking.

3(4) Information described in paragraphs (a)(4), (5),
4(6), (7), (8), (9) and (10).

5(d) Types of materials.--Materials described in subsections
6(b) and (c) may include pamphlets, brochures, posters,
7advertisements in mass media, public service announcements and
8any other appropriate media.

9(e) Privacy protected.--All programs and materials developed
10under this section shall preserve the privacy of <-human
11trafficking victims <-victims of human trafficking and their
12families.

13(f) Periodic evaluation.--All public awareness programs
14prepared under this section shall be evaluated periodically to
15ensure their effectiveness.

16§ 3035. National Human Trafficking Resource Center Hotline.

17Information regarding the National Human Trafficking Resource
18Center Hotline shall be disseminated pursuant to the act of
19October 24, 2012 (P.L.1618, No.197), known as the National Human
20Trafficking Resource Center Hotline Notification Act.

21§ 3036. Grants.

22(a) General rule.--Subject to the availability of funds, the
<-23council commission shall make grants to units of local
24government and nongovernmental organizations to:

25(1) Develop, expand or strengthen programs for victims 
<-26of human trafficking.

27(2) Ensure prevention of human trafficking.

28(3) Ensure protection of victims <-of human trafficking.

29(b) Conflict of interest.--Whenever a member of the council
30is a representative of an applicant for a grant under this

1section, the member shall fully disclose the nature of the
2interest and withdraw from discussion, lobbying and voting on
3the matter. Any transaction or vote involving a potential
4conflict of interest shall be approved only when a majority of
5disinterested council members determines that it is in the best
6interests of the grant program to do so.

7§ 3037. Role of nongovernmental organizations.

8In implementing the responsibilities assigned under sections
93031 (relating to Pennsylvania Council for the Prevention of
10Human Trafficking), 3033 (relating to training) and 3034
11(relating to public awareness), the commission shall enlist the
12cooperation of nongovernmental organizations, including the
13following:

14(1) Organizations with substantial experience serving
15victims of human trafficking, sexual violence or domestic
16violence.

17(2) Regional organizations, including task forces and
18coalitions devoted to human trafficking.

19(3) Agencies devoted to runaway services.

20(4) Agencies providing shelter and secure housing for
21victims.

22(5) Academic researchers dedicated to the subject of
23human trafficking.

24SUBCHAPTER D

25PROTECTION OF <-HUMAN TRAFFICKING VICTIMS VICTIMS OF HUMAN
26TRAFFICKING

27Sec.

283051. State Plan for the Prevention of Human Trafficking.

293052. Civil causes of action.

303053. Protection of victims.

13054. Appropriate implementation for minor <-human trafficking
2victims <-victims of human trafficking.

33055. Services.

43056. Victims in shelters.

5§ 3051. State Plan for the Prevention of Human Trafficking.

6(a) Development of plan.--The council shall assist the
7commission in the development of the plan for a coordinated
8response system to provide services to <-human trafficking victims
<-9victims of human trafficking as provided in section 9 of the act
10of October 24, 2012 (P.L.1618, No.197), known as the National
11Human Trafficking Resource Center Hotline Notification Act.

12(b) Personal characteristics to be considered.--In the
13development of the State plan under this section, the council
14shall consider the following factors relevant to the <-human
15trafficking victim <-victim of human trafficking and the victim's
16dependent children:

17(1) Age.

18(2) Gender.

19(3) Special needs.

20(4) Sexual orientation.

21(5) Gender identity.

22(6) Racial and ethnic background.

23(c) Implementation.--The State plan shall be submitted to
24the commission, which shall implement the plan in compliance
25with the requirements of this section and ensure that all <-human
26trafficking victims <-victims of human trafficking are treated
27with respect for their human rights and dignity. The council
28shall review the State plan annually to ensure that it continues
29to meet the needs of victims of human trafficking.

30§ 3052. Civil causes of action.

1(a) General rule.--

2(1) An individual who is a <-human trafficking victim
<-3victim of human trafficking may bring a civil action against
4any person that participated in the human trafficking of the
5individual in the court of common pleas of the county where
6the individual resides or where any of the alleged violations
7of this chapter occurred.

8(2) An individual who is a victim of the sex trade may
9bring a civil action in the court of common pleas of the
10county where the individual resides against a person that:

11(i) recruits, profits from or maintains the victim
12in any sex trade act;

13(ii) abuses or causes bodily harm to the victim in
14any sex trade act; and

15(iii) knowingly advertises or publishes
16advertisements for purposes of recruitment into sex trade
17activity.

18(b) Exception.--This section shall not be construed to
19create liability for any person who provides goods or services
20to the general public and to a person who would be liable under
21paragraph<- subsection (a)(2), absent a showing that the person:

22(1) knowingly markets or provides its goods or services
23to a person liable under paragraph <-subsection (a)(2);

24(2) knowingly receives a higher level of compensation
25from a person liable under paragraph subsection<- (a)(2); or

26(3) supervises or exercises control over a person liable
27under paragraph <-subsection (a)(2).

28(c) Damages.--The court may award any of the following forms
29of relief:

30(1) Actual damages.

1(2) Compensatory damages.

2(3) Punitive damages.

3(4) Injunctive relief.

4(5) Any other appropriate relief.

5(d) Attorney fees and costs.--A prevailing plaintiff who is
6a <-human trafficking victim victim of human trafficking shall be
7awarded reasonable attorney fees and costs.

8(e) Treble damages.--Treble damages shall be awarded to a
<-9human trafficking victim victim of human trafficking on proof of
10actual damages where the defendant's acts were willful and
11malicious.

12(f) Joinder of actions.--In the discretion of the court:

13(1) Two or more individuals may join in one action under
14this section as plaintiffs if their respective actions
15involve at least one defendant in common.

16(2) Two or more persons may be joined in one action
17under this section as defendants if those persons may be
18liable to at least one plaintiff in common.

19(g) Attempts at avoidance of liability.--No person may avoid
20liability under this section by:

21(1) a conveyance of any right, title or interest in real
22property; or

23(2) an agreement, including an indemnification agreement
24or hold harmless agreement, that purports to show the consent
25of the <-human trafficking victim victim of human trafficking.

26(h) Statute of limitations.--The statute of limitations for
27an action under this section may be tolled under any of the
28following circumstances:

29(1) Until the plaintiff discovers that the human
30trafficking incident occurred and that the defendant caused,

1was responsible for or profited from the incident.

2(2) Until a minor victim has attained the age of
3majority.

4(3) If a plaintiff is under a disability that makes it
5impossible or impracticable for the plaintiff to bring an
6action at the time the cause of action accrues, until the
7disability has been removed.

8(4) If the plaintiff's injury is caused by two or more
9incidents that are part of a human trafficking situation
10created by the same defendant, until the last human
11trafficking incident in the continuing series occurs.

12(5) If the plaintiff is subject to threats,
13intimidation, manipulation or fraud perpetrated by the
14defendant or any person acting on the defendant's behalf,
15until such actions have ceased.

16(i) Estoppel.--A defendant is estopped from asserting a
17defense of the statute of limitations when the expiration of the
18statute is due to conduct by the defendant inducing the
19plaintiff to delay the filing of the action or placing the
20plaintiff under duress.

21(j) Nondefenses.--It shall not be a defense to an action
22under this section that the following occurred:

23(1) The victim of the sex trade and the defendant had a
24consensual sexual relationship.

25(2) The defendant is related to the victim of the sex
26trade by blood or marriage.

27(3) The defendant has lived with the victim of the sex
28trade in any formal or informal household arrangement.

29(4) The victim of the sex trade was paid or otherwise
30compensated for sex trade activity.

1(5) The victim of the sex trade engaged in sex trade
2activity prior to any involvement with the defendant.

3(6) The victim of the sex trade continued to engage in
4sex trade activity following any involvement with the
5defendant.

6(7) The victim of the sex trade made no attempt to
7escape, flee or otherwise terminate the contact with the
8defendant.

9(8) The victim of the sex trade consented to engage in
10sex trade activity.

11(9) The victim of the sex trade engaged in only a single
12incident of sex trade activity.

13(10) There was no physical contact involved in the sex
14trade activity.

15(11) As a condition of employment, the defendant
16required the victim of the sex trade to agree not to engage
17in prostitution.

18(12) The defendant's place of business was posted with
19signs prohibiting prostitution or prostitution-related
20activities.

21(13) The victim of the sex trade has been convicted or
22charged with prostitution or prostitution-related offenses.

23(14) The victim of labor trafficking made no attempt to
24escape, flee or otherwise terminate the contact with the
25defendant.

26(k) Definitions.--The following words and phrases when used
27in this section shall have the meanings given to them in this
28subsection unless the context clearly indicates otherwise:

29"Disability." Includes insanity, imprisonment or other
30incapacity or intellectual disability.

1"Sex trade." An act, which if proven beyond a reasonable
2doubt, could support a conviction for violation or attempted
3violation of Ch. 59 (relating to public indecency) or section
46312 (relating to sexual abuse of children).

5"Victim of the sex trade." An individual who has been:

6(1) The object of a solicitation for prostitution.

7(2) The object of a transaction in a commercial sex act.

8(3) Intended or compelled to engage in an act of
9prostitution.

10(4) Intended or compelled to engage in a commercial sex
11act.

12(5) Described or depicted in material that advertises an
13intent or compulsion to engage in commercial sex acts.

14(6) In the case of obscenity or child pornography, has
15appeared in or been described or depicted in the offending
16conduct or material.

17§ 3053. Protection of victims.

18Law enforcement agencies shall take <-all reasonable steps
19necessary to identify <-and protect human trafficking victims,
20including:,<- protect and assist victims of human trafficking.

<-21(1) Interviewing all individuals arrested on charges of
22prostitution to identify if they are victims.

23(2) Upon identification as a human trafficking victim
24and subject to the consent of the victim and the victim's
25family, where family consent is appropriate, by:

26(i) providing reasonable protection to prevent
27recapture by human traffickers and their associates;

28(ii) securing the victim and the victim's family
29known to be living in this Commonwealth from threats,
30reprisals or intimidation by the human traffickers and

1their associates; and

2(iii) ensuring that the victim has an opportunity to
3consult with a victim advocate or other appropriate
4person to develop a safety plan and for advocacy
5purposes.

6§ 3054. Appropriate implementation for minor <-human trafficking
7victims <-victims of human trafficking.

8(a) Best interest standard.--The provision of services to a
9minor <-human trafficking victim victim of human trafficking by
10the Commonwealth or by any institution or person established or
11licensed by the Commonwealth shall be carried out in a manner
12that is in the best interest of the minor and appropriate to the
13particular situation.

14(b) Special procedures.--Special procedures shall be
15developed to accommodate minor witnesses during the
16investigation and prosecution of violations of this chapter,
17including:

18(1) The presence of the parent, legal guardian, foster
19parent or attorney during all testimony and court
20proceedings, if it is in the best interest of the minor.

21(2) Reuniting the minor with family members, whether
22within or without the United States, whenever safe, possible
23and in the best interest of the minor.

24(3) Formally investigate the home situation of a minor
25who became a <-human trafficking victim victim of human
26trafficking after running away or being cast out of the
27minor's home or foster care.

28§ 3055. Services.

29(a) Effect of <-guilty plea.--Any plea of guilty entered under
<-30conviction.--Any conviction of section 3011 (relating to

1trafficking in individuals) or 3012 (relating to involuntary
2servitude) by a defendant shall automatically entitle the <-human
3trafficking victim <-victim of human trafficking to all benefits,
4rights and compensation granted under this chapter <-and the act
5of November 24, 1998 (P.L.882, No.111), known as the Crime
6Victims Act.

7(b) Information for victims.--The commission shall prepare a
8model informational form to be used by any person having contact
9with <-human trafficking victims victims of human trafficking that
10informs human trafficking victims <-victims of human trafficking,
11in a language they can understand, of the following:

<-12(1) Progress in the prosecution of the defendants.

13(2) Information on prison release dates of persons
14convicted of offenses under this chapter.

15(3) Their right to provide a victim impact statement.

16(4) Their right to a victim advocate.

17(5) (1) The procedure for repatriation to the <-human
18trafficking victim's country of citizenship or lawful
19residence <-of the victim of human trafficking.

20(6) (2) A directory of local <-human trafficking victim
21service organizations <-for victims of human trafficking.

<-22(7) (3) A directory of legal services organizations that
23can assist <-human trafficking victims victims of human
24trafficking in obtaining or maintaining legal immigration
25status.

<-26(c) Access to crime victims' services.--

27(1) Human trafficking victims shall be eligible for
28benefits and compensation under the act of November 24, 1998
29(P.L.882, No.111), known as the Crime Victims Act.

30(2) Law enforcement agencies shall inform human

1trafficking victims of benefits they may receive under
2Federal and State laws, and may assist those human
3trafficking victims in obtaining such benefits where law
4enforcement assistance is required in order to obtain those
5benefits.

6(3) A human trafficking victim who is charged with a
7violation under Ch. 59 (relating to public indecency) shall
8not be precluded from receiving benefits under the Crime
9Victims Act on the basis of those charges only.

<-10(4) A directory of benefits for victims of human
11trafficking under Federal and State laws.

12(d) <-Refugee benefits Benefits for victims of human
13trafficking.--Foreign national human trafficking victims <-victims
14of human trafficking and their accompanying dependent children
15shall be eligible to receive benefits <-in the same manner and to
16the same extent as refugees. <-as specified under the Trafficking
17Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7101
18et seq.).

19(e) Labor standards and working conditions.--The Department
20of Labor and Industry shall:

21(1) Administer labor standards regarding wages, hours of
22work and working conditions under its jurisdiction without
23regard to the legal status of the individual's right to work
24in the United States.

<-25(2) Investigate complaints of unlawful working
26conditions without regard to the immigration status of the
27complainants and without regard to the nature of the work or
28services involved.

<-29(2) Report to the appropriate law enforcement agency any 
30evidence of human trafficking that may be discovered during
 

1the course of an investigation of wages, hours of work and 
2working conditions.

3(f) Immigration certification.--

4(1) The Attorney General, a district attorney or any
5representative of a law enforcement agency may certify in
6writing to the United States Department of Justice or other
7Federal agency, including the United States Department of
8Homeland Security, that:

9(i) an investigation or prosecution under this
10chapter has begun; and

11(ii) an individual who may be a <-human trafficking
12victim <-victim of human trafficking is willing to
13cooperate or is cooperating with the investigation to
14enable the individual, if eligible under Federal law, to
15qualify for an appropriate special immigrant visa and to
16access available Federal benefits.

17(2) Cooperation with law enforcement agencies shall not
18be required of a <-human trafficking victim victim of human
19trafficking who is a minor.

20(3) Certification under this subsection may be made
21available to the <-human trafficking victim victim of human
22trafficking and the <-human trafficking victim's designated
23legal representative <-of the victim of human trafficking.

24§ 3056. Victims in shelters.

25(a) Voluntary placement.--Residence of a <-human trafficking
26victim <-victim of human trafficking in a shelter or other
27facility shall be voluntary, and a <-human trafficking victim
<-28victim of human trafficking may decline to stay in a shelter or
29other facility.

30(b) Restrictions on admission.--Admission to a shelter:

1(1) shall be made without regard to race, religion,
2ethnic background, sexual orientation, country of origin or
3culture; and

4(2) may not be conditioned on whether the <-human
5trafficking victim <-victim of human trafficking is cooperating
6with a law enforcement agency in its attempts to prosecute
7persons under this chapter.

8SUBCHAPTER E

9MISCELLANEOUS PROVISIONS

10Sec.

<-113071. Appropriations.

123072. Other funding.

<-133071. Funding.

<-143073. 3072. Nonexclusivity.

<-15§ 3071. Appropriations.

16The General Assembly shall appropriate funds as necessary to
17support the activities of the council.

18§ 3072. Other funding. <-§ 3071. Funding.

19(a) Grant applications.--In addition to <-the any money
<-20appropriated in section 3071 (relating to appropriations) and
21any other money that may be appropriated from time to time by
22the General Assembly for its work, the council, in conjunction
23with the commission, <-is authorized to may apply for and expend
24Federal grants and grants and contributions from other public,
25quasi-public or private sources to assist in implementing this
26chapter.

27(b) Commission support.--The commission shall provide 
28adequate resources to the council to implement this chapter<-. 
29subject to the availability of resources to provide support for 
30the administration of the council and for the implementation of
 

1the council's responsibilities, or the commission may enter into 
2a contract, memorandum of understanding or other agreement with 
3another governmental or a nongovernmental entity to establish 
4the council and to provide support for the administration of the 
5council and for the implementation of the council's 
6responsibilities.

7§ <-3073 3072. Nonexclusivity.

8Remedies under this chapter are not exclusive and shall be in
9addition to other procedures or remedies for a violation or
10conduct provided for in other law.

11Section 4. Section 5708(1) of Title 18 is amended to read:

12§ 5708. Order authorizing interception of wire, electronic or
13oral communications.

14The Attorney General, or, during the absence or incapacity of
15the Attorney General, a deputy attorney general designated in
16writing by the Attorney General, or the district attorney or,
17during the absence or incapacity of the district attorney, an
18assistant district attorney designated in writing by the
19district attorney of the county wherein the suspected criminal
20activity has been, is or is about to occur, may make written
21application to any Superior Court judge for an order authorizing
22the interception of a wire, electronic or oral communication by
23the investigative or law enforcement officers or agency having
24responsibility for an investigation involving suspected criminal
25activities when such interception may provide evidence of the
26commission of any of the following offenses, or may provide
27evidence aiding in the apprehension of the perpetrator or
28perpetrators of any of the following offenses:

29(1) Under this title:

30Section 911 (relating to corrupt organizations)

1Section 2501 (relating to criminal homicide)

2Section 2502 (relating to murder)

3Section 2503 (relating to voluntary manslaughter)

4Section 2702 (relating to aggravated assault)

5Section 2706 (relating to terroristic threats)

6Section 2709.1 (relating to stalking)

7Section 2716 (relating to weapons of mass
8destruction)

9Section 2901 (relating to kidnapping)

10Section [3002] 3011 (relating to trafficking [of
11persons] in individuals)

12Section 3121 (relating to rape)

13Section 3123 (relating to involuntary deviate sexual
14intercourse)

15Section 3124.1 (relating to sexual assault)

16Section 3125 (relating to aggravated indecent
17assault)

18Section 3301 (relating to arson and related offenses)

19Section 3302 (relating to causing or risking
20catastrophe)

21Section 3502 (relating to burglary)

22Section 3701 (relating to robbery)

23Section 3921 (relating to theft by unlawful taking or
24disposition)

25Section 3922 (relating to theft by deception)

26Section 3923 (relating to theft by extortion)

27Section 4701 (relating to bribery in official and
28political matters)

29Section 4702 (relating to threats and other improper
30influence in official and political matters)

1Section 5512 (relating to lotteries, etc.)

2Section 5513 (relating to gambling devices, gambling,
3etc.)

4Section 5514 (relating to pool selling and
5bookmaking)

6Section 5516 (relating to facsimile weapons of mass
7destruction)

8Section 6318 (relating to unlawful contact with
9minor)

10* * *

11Section 5. Sections 4415 and 4436 of Title 42 are amended by
12adding paragraphs to read:

13§ 4415. Confidential communications in presence of interpreter.

14An interpreter appointed under this subchapter shall not be
15compelled to testify in any judicial proceeding or
16administrative proceeding to any statements made by the person
17with limited English proficiency and interpreted by the
18interpreter when the person with limited English proficiency is
19engaged in a confidential communication as provided by any
20statute or general rule, including, but not limited to:

21* * *

22(9) Section 5945.3 (relating to confidential
23communications with human trafficking caseworkers).

24§ 4436. Confidential communications in presence of interpreter.

25An interpreter appointed under this subchapter shall not be
26compelled to testify in any judicial proceeding or
27administrative proceeding to any statements made by the person
28who is deaf and interpreted by the interpreter when the person
29who is deaf is engaged in a confidential communication as
30provided by any statute or general rule, including, but not

1limited to:

2* * *

3(9) Section 5945.3 (relating to confidential
4communications with human trafficking caseworkers).

5Section 6. Section 5552(c)(3) of Title 42 is amended and the
6subsection is amended by adding a paragraph to read:

7§ 5552. Other offenses.

8* * *

9(c) Exceptions.--If the period prescribed in subsection (a),
10(b) or (b.1) has expired, a prosecution may nevertheless be
11commenced for:

12* * *

13(3) Any sexual offense committed against a minor who is
14less than 18 years of age any time up to the later of the
15period of limitation provided by law after the minor has
16reached 18 years of age or the date the minor reaches 50
17years of age. As used in this paragraph, the term "sexual
18offense" means a crime under the following provisions of
19Title 18 (relating to crimes and offenses):

20Section 3011(b) (relating to trafficking in
21individuals).

22Section 3012 (relating to involuntary servitude).

23Section 3121 (relating to rape).

24Section 3122.1 (relating to statutory sexual
25assault).

26Section 3123 (relating to involuntary deviate sexual
27intercourse).

28Section 3124.1 (relating to sexual assault).

29Section 3125 (relating to aggravated indecent
30assault).

1Section 3126 (relating to indecent assault).

2Section 3127 (relating to indecent exposure).

3Section 4302 (relating to incest).

4Section 4304 (relating to endangering welfare of
5children).

6Section 6301 (relating to corruption of minors).

7Section 6312(b) (relating to sexual abuse of
8children).

9Section 6320 (relating to sexual exploitation of
10children).

11* * *

12(5) An offense under 18 Pa.C.S. § 3011 or 3012 in which
13the <-human trafficking victim victim of human trafficking was
14not a minor any time up to five years from the date the human
15trafficking victim escaped from the human trafficking
16situation.

17* * *

18Section 7. Section 5554(2) and (3) of Title 42 are amended
19and the section is amended by adding a paragraph to read:

20§ 5554. Tolling of statute.

21Except as provided by section 5553(e) (relating to
22disposition of proceedings within two years), the period of
23limitation does not run during any time when:

24* * *

25(2) a prosecution against the accused for the same
26conduct is pending in this Commonwealth; [or]

27(3) a child is under 18 years of age, where the crime
28involves injuries to the person of the child caused by the
29wrongful act, or neglect, or unlawful violence, or negligence
30of the child's parents or by a person responsible for the

1child's welfare, or any individual residing in the same home
2as the child, or a paramour of the child's parent[.]; or

3(4) a person entitled to prosecute an offense under 18
4Pa.C.S. Ch. 30 (relating to human trafficking) could not have
5reasonably discovered the offense due to circumstances
6resulting from the human trafficking situation, such as
7psychological trauma, social, cultural and linguistic
8isolation and the inability to access services.

9Section 8. Title 42 is amended by adding a section to read:

10§ 5945.3. Confidential communications with human trafficking
11caseworkers.

12(a) Sexual assault counselors.--An individual qualified as a
13sexual assault counselor under section 5945.1(a) (relating to
14confidential communications with sexual assault counselors) may
15serve as a human trafficking counselor under this section.

16(b) Privilege.--

17(1) This subsection applies to all of the following:

18(i) A human trafficking caseworker.

19(ii) An interpreter.

20(2) An individual designated in paragraph (1) may not
21disclose a confidential communication without the written
22consent of the <-human trafficking victim victim of human
23trafficking who made the confidential communication.

24(c) Definitions.--As used in this section, the following
25words and phrases shall have the meanings given to them in this
26subsection:

27"Confidential communication." All information, oral or
28written, transmitted between a victim of human trafficking and a
29human trafficking caseworker in the course of their
30relationship. The term includes advice, reports, statistical

1data, memoranda, working papers and records, given or made
2during that relationship, including matters transmitted between
3the human trafficking caseworker and the victim through the use
4of an interpreter.

5"Human trafficking caseworker." An individual:

6(1) who is engaged by any organization whether
7financially compensated or not;

8(2) whose primary purpose is the rendering of advice or
9assistance to a <-human trafficking victim victim of human
10trafficking, as defined in 18 Pa.C.S. § 3001 (relating to
11definitions); and

12(3) who:

13(i) holds a master's degree or higher in counseling
14or a related field;

15(ii) has an undergraduate degree or equivalent in a
16human services profession; or

17(iii) is supervised by an individual qualified under
18subparagraph (i) or (ii) and has at least 80 hours of
19training received under that supervision in:

20(A) the history of human trafficking;

21(B) civil law and criminal law as they relate to
22human trafficking;

23(C) societal attitudes toward human trafficking;

24(D) peer counseling techniques;

25(E) housing, public assistance and other
26financial resources available to meet the needs of
<-27human trafficking victims victims of human
28trafficking;

29(F) referral services available to human
30trafficking victims;

1(G) privileged communications; or

2(H) human trauma therapy counseling.

3"Interpreter." An individual who translates communications
4between a human trafficking caseworker and a victim of human
5trafficking through the use of sign language, visual, oral or
6written translation.

7Section 9. Sections 9720.2 and 9738(b) of Title 42 are
8amended to read:

9§ 9720.2. Sentencing for trafficking of persons.

10Notwithstanding any other provision of law, a person who
11commits a violation of 18 Pa.C.S. § [3002] 3011 (relating to
12trafficking [of persons] in individuals) while violating:

13(1) 18 Pa.C.S. § 2901 (relating to kidnapping);

14(2) 18 Pa.C.S. § 3121 (relating to rape); or

15(3) 18 Pa.C.S. § 3123 (relating to involuntary deviate
16sexual intercourse);

17shall be sentenced up to a maximum term of life imprisonment.

18§ 9738. Victim impact statements.

19* * *

20(b) Definition.--As used in this section, the term "victim"
21shall [have the same meaning as in section 479.1 of the act of
22April 9, 1929 (P.L.177, No.175), known as The Administrative
23Code of 1929.] mean a "victim" as defined in:

24(1) section 103 of the act of November 24, 1998
25(P.L.882, No.111), known as the Crime Victims Act; or

26(2) 18 Pa.C.S. § 3001 (relating to definitions).

27Section 10. Applicability is as follows:

28(1) The addition of 18 Pa.C.S. Ch. 30 shall apply to
29offenses committed on or after the effective date of this
30section.

1(2) Section 2 {repeal of 18 Pa.C.S. §§ 3001, 3002, 3003
2and 3004} of this act shall not affect the validity of a
3prosecution initiated under the repealed sections.

4Section 11. This act shall take effect in 60 days.