Regular Session 2019-2020 House Bill 0256 P.N. 4054

SENATE AMENDED

PRIOR PRINTER'S NOS. 227, 2919, 4021

PRINTER'S NO. 4054

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

256

Session of

2019

INTRODUCED BY METZGAR, READSHAW, SNYDER, KAUFFMAN, JAMES,

BARRAR, McNEILL, IRVIN, OBERLANDER, SAYLOR, DeLUCA, TOPPER,

ZIMMERMAN, REESE, STRUZZI, GOODMAN, GILLEN, BENNINGHOFF,

MASSER AND KORTZ, JANUARY 29, 2019

AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 29, 2020

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in assault, further providing for the

offense of assault by prisoner.; IN SEXUAL OFFENSES, FURTHER

PROVIDING FOR THE OFFENSE OF INSTITUTIONAL SEXUAL ASSAULT;

AND, IN REGISTRATION OF SEXUAL OFFENDERS, FURTHER PROVIDING

FOR SEXUAL OFFENSES AND TIER SYSTEM.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2703(a) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2703. Assault by prisoner.

(a) Offense defined.--[A]

(1) Except as provided under section 2704 (relating to

assault by life prisoner), a person who is confined in or

committed to any local or county detention facility, jail or

prison or any State penal or correctional institution or

other State penal or correctional facility located in this

Commonwealth is guilty of a felony of the second degree if

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he, while so confined or committed or while undergoing

transportation to or from such an institution or facility in

or to which he was confined or committed intentionally or

knowingly, commits an assault upon any of the following:

(i) Except as provided under subparagraph (ii),

another with a deadly weapon or instrument, or by any

means or force likely to produce serious bodily injury.

(ii) A detention facility or correctional facility

employee with a deadly weapon or instrument, or by any

means or force likely to produce bodily injury.

(2) A person is guilty of this offense if he

intentionally or knowingly causes another to come into

contact with blood, seminal fluid, saliva, urine or feces by

throwing, tossing, spitting or expelling such fluid or

material when, at the time of the offense, the person knew,

had reason to know, should have known or believed such fluid

or material to have been obtained from an individual,

including the person charged under this section, infected by

a communicable disease, including, but not limited to, human

immunodeficiency virus (HIV) or hepatitis B.

(3) EXCEPT AS PROVIDED UNDER SECTION 2704, A PERSON WHO

IS CONFINED IN OR COMMITTED TO ANY LOCAL OR COUNTY DETENTION

FACILITY, JAIL OR PRISON OR ANY STATE PENAL OR CORRECTIONAL

INSTITUTION OR OTHER STATE PENAL OR CORRECTIONAL FACILITY

LOCATED IN THIS COMMONWEALTH IS GUILTY OF A FELONY OF THE

FIRST DEGREE IF HE, WHILE SO CONFINED OR COMMITTED OR WHILE

UNDERGOING TRANSPORTATION TO OR FROM AN INSTITUTION OR

FACILITY IN OR TO WHICH HE WAS CONFINED OR COMMITTED

INTENTIONALLY OR KNOWINGLY, COMMITS AN ASSAULT UPON A

DETENTION FACILITY OR CORRECTIONAL FACILITY EMPLOYEE WITH A

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DEADLY WEAPON OR INSTRUMENT, OR BY ANY MEANS OR FORCE LIKELY

TO PRODUCE SERIOUS BODILY INJURY.

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SECTION 2. SECTION 3124.2(A), (A.1) AND (B) OF TITLE 18 ARE

AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO

READ:

§ 3124.2. INSTITUTIONAL SEXUAL ASSAULT.

(A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION (A.1)

AND IN SECTIONS 3121 (RELATING TO RAPE), 3122.1 (RELATING TO

STATUTORY SEXUAL ASSAULT), 3123 (RELATING TO INVOLUNTARY DEVIATE

SEXUAL INTERCOURSE), 3124.1 (RELATING TO SEXUAL ASSAULT) AND

3125 (RELATING TO AGGRAVATED INDECENT ASSAULT), A PERSON WHO IS

AN EMPLOYEE OR AGENT OF THE DEPARTMENT OF CORRECTIONS OR A

COUNTY CORRECTIONAL AUTHORITY, YOUTH DEVELOPMENT CENTER, YOUTH

FORESTRY CAMP, STATE OR COUNTY JUVENILE DETENTION FACILITY,

OTHER LICENSED RESIDENTIAL FACILITY SERVING CHILDREN AND YOUTH,

OR MENTAL HEALTH OR MENTAL RETARDATION FACILITY OR INSTITUTION

COMMITS A FELONY OF THE THIRD DEGREE WHEN THAT PERSON ENGAGES IN

SEXUAL INTERCOURSE, DEVIATE SEXUAL INTERCOURSE OR INDECENT

CONTACT WITH AN INMATE, DETAINEE, ANOTHER PERSON BEING

SUPERVISED BY THAT PERSON UNDER PROBATION OR PAROLE SUPERVISION,

PATIENT OR RESIDENT.

(A.1) INSTITUTIONAL SEXUAL ASSAULT OF A MINOR.--A PERSON WHO

IS AN EMPLOYEE OR AGENT OF THE DEPARTMENT OF CORRECTIONS OR A

COUNTY CORRECTIONAL AUTHORITY, YOUTH DEVELOPMENT CENTER, YOUTH

FORESTRY CAMP, STATE OR COUNTY JUVENILE DETENTION FACILITY,

OTHER LICENSED RESIDENTIAL FACILITY SERVING CHILDREN AND YOUTH

OR MENTAL HEALTH OR MENTAL RETARDATION FACILITY OR INSTITUTION

COMMITS A FELONY OF THE THIRD DEGREE WHEN THAT PERSON ENGAGES IN

SEXUAL INTERCOURSE, DEVIATE SEXUAL INTERCOURSE OR INDECENT

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CONTACT WITH AN INMATE, ANOTHER PERSON BEING SUPERVISED BY THAT

PERSON UNDER PROBATION OR PAROLE SUPERVISION, DETAINEE, PATIENT

OR RESIDENT WHO IS UNDER 18 YEARS OF AGE.

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(A.4) PEACE OFFICERS.--

(1) EXCEPT AS PROVIDED UNDER SECTIONS 3121, 3122.1,

3123, 3124.1 AND 3125, A PERSON WHO IS A PEACE OFFICER OR

EMPLOYEE OF AN AGENCY EMPLOYING A PEACE OFFICER IN HIS

OFFICIAL CAPACITY COMMITS A FELONY OF THE THIRD DEGREE WHEN

THE PERSON ENGAGES IN SEXUAL INTERCOURSE, DEVIATE SEXUAL

INTERCOURSE OR INDECENT CONTACT WITH ANOTHER PERSON WHO IS

UNDER OFFICIAL DETENTION OR IN THE CUSTODY OF THE PERSON OR

IS A CONFIDENTIAL INFORMANT OF THE PERSON.

(2) A PERSON WHO IS A PEACE OFFICER COMMITS A FELONY OF

THE THIRD DEGREE WHEN THE PERSON ENGAGES IN SEXUAL

INTERCOURSE, DEVIATE SEXUAL INTERCOURSE OR INDECENT CONTACT

WITH A CHILD WHO IS UNDER OFFICIAL DETENTION OR IN THE

CUSTODY OF THE PERSON OR IS A CONFIDENTIAL INFORMANT OF THE

PERSON.

(A.5) CONSENT NOT A DEFENSE.--CONSENT IS NOT A DEFENSE TO A

VIOLATION OF SUBSECTION (A), (A.1), (A.2), (A.3) OR (A.4).

(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AGENT." A PERSON WHO IS ASSIGNED TO WORK IN A STATE OR

COUNTY CORRECTIONAL OR JUVENILE DETENTION FACILITY, A YOUTH

DEVELOPMENT CENTER, YOUTH FORESTRY CAMP, OTHER LICENSED

RESIDENTIAL FACILITY SERVING CHILDREN AND YOUTH OR MENTAL HEALTH

OR MENTAL RETARDATION FACILITY OR INSTITUTION, WHO IS EMPLOYED

BY ANY STATE OR COUNTY AGENCY OR ANY PERSON EMPLOYED BY AN

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ENTITY PROVIDING CONTRACT SERVICES TO THE AGENCY.

"CENTER FOR CHILDREN." INCLUDES A CHILD DAY-CARE CENTER,

GROUP AND FAMILY DAY-CARE HOME, BOARDING HOME FOR CHILDREN, A

CENTER PROVIDING EARLY INTERVENTION AND DRUG AND ALCOHOL

SERVICES FOR CHILDREN OR OTHER FACILITY WHICH PROVIDES CHILD-

CARE SERVICES WHICH ARE SUBJECT TO APPROVAL, LICENSURE,

REGISTRATION OR CERTIFICATION BY THE DEPARTMENT OF PUBLIC

WELFARE OR A COUNTY SOCIAL SERVICES AGENCY OR WHICH ARE PROVIDED

PURSUANT TO A CONTRACT WITH THE DEPARTMENT OR A COUNTY SOCIAL

SERVICES AGENCY. THE TERM DOES NOT INCLUDE A YOUTH DEVELOPMENT

CENTER, YOUTH FORESTRY CAMP, STATE OR COUNTY JUVENILE DETENTION

FACILITY AND OTHER LICENSED RESIDENTIAL FACILITY SERVING

CHILDREN AND YOUTH.

"CHILD." AN INDIVIDUAL WHO IS LESS THAN 18 YEARS OF AGE.

"CONFIDENTIAL INFORMANT." AN INDIVIDUAL WHO ENGAGES IN THE

ACTIVITY OF ASSOCIATING WITH PERSONS ENGAGED IN CRIMINAL

ACTIVITY FOR THE PURPOSE OF FURNISHING INFORMATION TO OR ACTING

AS AN AGENT FOR A LAW ENFORCEMENT AGENCY.

"CUSTODY." THE TERM INCLUDES A TRAFFIC STOP, A CUSTODIAL

INTERROGATION OR AN INTERVIEW CONDUCTED IN CONNECTION WITH AN

INVESTIGATION.

"OFFICIAL DETENTION." AS THAT TERM IS DEFINED IN SECTION

5121 (RELATING TO ESCAPE).

SECTION 3. SECTION 9799.14(B)(5) AND (D)(6) OF TITLE 42 ARE

AMENDED TO READ:

§ 9799.14. SEXUAL OFFENSES AND TIER SYSTEM.

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(B) TIER I SEXUAL OFFENSES.--THE FOLLOWING OFFENSES SHALL BE

CLASSIFIED AS TIER I SEXUAL OFFENSES:

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(5) 18 PA.C.S. § 3124.2(A) AND (A.4)(1) (RELATING TO

INSTITUTIONAL SEXUAL ASSAULT).

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(D) TIER III SEXUAL OFFENSES.--THE FOLLOWING OFFENSES SHALL

BE CLASSIFIED AS TIER III SEXUAL OFFENSES:

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(6) 18 PA.C.S. § 3124.2(A.1) AND (A.4)(2).

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Section 2 4. This act shall take effect in 60 days.

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