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PRINTER'S NO. 2931
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2029
Session of
2018
INTRODUCED BY GROVE, BAKER, BERNSTINE, KAUFFMAN, PICKETT,
TOPPER, RYAN, HAGGERTY, ORTITAY, FEE, HICKERNELL, BOBACK,
MILLARD, REESE, DOWLING, HILL-EVANS, WARD, PHILLIPS-HILL,
HELM, MENTZER, NEILSON, SCHWEYER, A. HARRIS AND DeLUCA,
JANUARY 24, 2018
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in human trafficking, further providing for the
offense of trafficking in individuals and for the offense of
patronizing a victim of sexual servitude and providing for
collection of evidence; in public indecency, further
providing for the offense of prostitution and related
offenses; in depositions and witnesses, further providing for
definitions and for recorded testimony; and, in sentencing,
further providing for sexual offenses and tier system.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3011(a) and 3013(a) and (c) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
§ 3011. Trafficking in individuals.
(a) Offense defined.--A person commits a felony of the
[second] first degree if the person:
(1) recruits, entices, solicits, harbors, transports,
provides, obtains or maintains an individual if the person
knows or recklessly disregards that the individual will be
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subject to involuntary servitude; or
(2) knowingly benefits financially or receives anything
of value from any act that facilitates any activity described
in paragraph (1).
* * *
§ 3013. Patronizing a victim of sexual servitude.
(a) Offense defined.--A person commits a felony of the
[second] first degree if the person engages in any sex act or
performance with another individual knowing that the act or
performance is the result of the individual being a victim of
human trafficking.
* * *
(c) Fine.--A person whose violation of this section results
in a judicial disposition other than acquittal or dismissal
shall also pay a fine [of $500] in one of the following amounts
to the court, to be distributed to the commission to fund the
grant program established under section 3031 (relating to
grants)[.]:
(1) Not less than $1,000 and not more than $30,000.
(2) Not less than $5,000 and not more than $100,000 if
the victim of sexual servitude was a minor at the time of the
offense.
Section 2. Title 18 is amended by adding a section to read:
§ 3018.1. Collection of evidence.
Law enforcement may request the interception of communication
under section 5708 (relating to order authorizing interception
of wire, electronic or oral communications) in the investigation
of an offense under this chapter.
Section 3. Section 5902 of Title 18 is amended by adding a
subsection to read:
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§ 5902. Prostitution and related offenses.
* * *
(e.3) Additional fines for offenses under subsection (e).--
(1) A person convicted of a second offense under
subsection (e) shall pay an additional fine of not less than
$1,000 nor more than $20,000.
(2) A person convicted of a third offense under
subsection (e) shall pay an additional fine of not less than
$5,000 nor more than $30,000.
(3) A person convicted of a fourth or subsequent offense
under subsection (e) shall pay an additional fine of not less
than $10,000 nor more than $50,000.
* * *
Section 4. Sections 5982, 5984.1 and 9799.14(c) of Title 42
are amended to read:
§ 5982. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child" or "children." An individual or individuals under
[16] 18 years of age.
"Contemporaneous alternative method." Any method of
capturing the visual images, oral communications and other
information presented during a prosecution or adjudication
involving a child victim or a child material witness and
transmitting and receiving such images, communications and other
information at or about the time of their creation, including,
but not limited to, closed-circuit television, streaming image
sent via the Internet or an intranet and any other devices or
systems used to accomplish such ends.
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"Minor." An individual who, at the time of the commission of
the offense involving sexual or physical abuse, is under 18
years of age.
"Qualified shorthand reporter." An individual engaged in the
active practice of general shorthand reporting who is skilled in
the art of verbatim reporting by the use of a written shorthand
system, whether manual or machine; or any individual who is an
official court or legislative reporter; or any individual who is
the holder of a certified shorthand reporter certificate
mandated by State or Federal law.
§ 5984.1. Recorded testimony.
(a) Recording.--Subject to subsection (b), in any
prosecution or adjudication involving a child victim or child
material witness, including a child victim of sexual or labor
servitude, the court may order that the child victim's or child
material witness's testimony be recorded for presentation in
court by any method that accurately captures and preserves the
visual images, oral communications and other information
presented during such testimony. The testimony shall be taken
under oath or affirmation before the court in chambers or in a
special facility designed for taking the recorded testimony of
children. Only the attorneys for the defendant and for the
Commonwealth, persons necessary to operate the equipment, a
qualified shorthand reporter and any person whose presence would
contribute to the welfare and well-being of the child victim or
child material witness, including persons designated under
section 5983 (relating to rights and services), may be present
in the room with the child during testimony. The court shall
permit the defendant to observe and hear the testimony of the
child victim or child material witness but shall ensure that the
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child victim or child material witness cannot hear or see the
defendant. Examination and cross-examination of the child victim
or child material witness shall proceed in the same manner as
normally permitted. The court shall make certain that the
defendant and defense counsel have adequate opportunity to
communicate for the purpose of providing an effective defense.
(b) Determination.--Before the court orders the child victim
or the child material witness, including a child victim of
sexual or labor servitude, to testify by recorded testimony, the
court must determine, based on evidence presented to it, that
testifying either in an open forum in the presence and full view
of the finder of fact or in the defendant's presence will result
in the child victim or child material witness suffering serious
emotional distress that would substantially impair the child
victim's or child material witness's ability to reasonably
communicate. In making this determination, the court may do any
of the following:
(1) Observe and question the child victim or child
material witness, either inside or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other
person, such as a person who has dealt with the child victim
or child material witness in a medical or therapeutic
setting.
(c) Counsel and confrontation.--
(1) If the court observes or questions the child victim
or child material witness, including a child victim of sexual
or labor servitude, under subsection (b)(1), the attorney for
the defendant and the attorney for the Commonwealth have the
right to be present, but the court shall not permit the
defendant to be present.
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(2) If the court hears testimony under subsection (b)
(2), the defendant, the attorney for the defendant and the
attorney for the Commonwealth have the right to be present.
§ 9799.14. Sexual offenses and tier system.
* * *
(c) Tier II sexual offenses.--The following offenses shall
be classified as Tier II sexual offenses:
(1) 18 Pa.C.S. § 3011(b) (relating to trafficking in
individuals).
(1.1) 18 Pa.C.S. § 3122.1(a)(2) (relating to statutory
sexual assault).
(1.2) 18 Pa.C.S. § 3124.2(a.2) and (a.3).
(1.3) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or
(8).
(1.4) 18 Pa.C.S. § 3013 (relating to patronizing a
victim of sexual servitude).
(2) 18 Pa.C.S. § 5902(b.1) and (e) (relating to
prostitution and related offenses).
(3) 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6)
(relating to obscene and other sexual materials and
performances).
(4) 18 Pa.C.S. § 6312(b) and (c).
(5) 18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
(6) 18 Pa.C.S. § 6320 (relating to sexual exploitation
of children).
(7) 18 U.S.C. § 1591 (relating to sex trafficking of
children by force, fraud, or coercion).
(8) 18 U.S.C. § 2243 (relating to sexual abuse of a
minor or ward).
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(9) 18 U.S.C. § 2244 (relating to abusive sexual
contact) where the victim is 13 years of age or older but
under 18 years of age.
(10) 18 U.S.C. § 2251 (relating to sexual exploitation
of children).
(11) 18 U.S.C. § 2251A (relating to selling or buying of
children).
(12) 18 U.S.C. § 2252(a)(1), (2) or (3).
(13) 18 U.S.C. § 2260 (relating to production of
sexually explicit depictions of a minor for importation into
the United States).
(14) 18 U.S.C. § 2421 (relating to transportation
generally).
(15) 18 U.S.C. § 2422(b).
(16) 18 U.S.C. § 2423(a).
(17) A comparable military offense or similar offense
under the laws of another jurisdiction or foreign country or
under a former law of this Commonwealth.
(18) An attempt, conspiracy or solicitation to commit an
offense listed in paragraph (1), (1.1), (1.2), (1.3), (2),
(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
(14), (15), (16) or (17).
* * *
Section 5. This act shall take effect in 60 days.
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