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PRINTER'S NO. 2450
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1807
Session of
2019
INTRODUCED BY RABB, HILL-EVANS, KIRKLAND, STURLA, FIEDLER,
ULLMAN, CALTAGIRONE, BERNSTINE, DeLUCA, MURT, ISAACSON,
McCLINTON, BURGOS, SCHWEYER, DAWKINS, BURNS, GILLEN, ROZZI,
WEBSTER, FRANKEL, MADDEN AND KENYATTA, SEPTEMBER 12, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 12, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, further providing
for the offense of institutional sexual assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3124.2(a), (a.1) and (b) of Title 18 of
the Pennsylvania Consolidated Statutes are amended to read:
ยง 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,
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or mental health or [mental retardation] intellectual disability
facility or institution or a peace officer commits a felony of
the third degree when that person engages in sexual intercourse,
deviate sexual intercourse or indecent contact with [an inmate,
detainee, patient or resident.] any of the following:
(1) An inmate, detainee, patient or resident.
(2) Another person who is in the custody of a peace
officer or presumed to be in the custody of a peace officer.
(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] intellectual disability
facility or institution or a peace officer commits a felony of
the third degree when that person engages in sexual intercourse,
deviate sexual intercourse or indecent contact with [an inmate,
detainee, patient or resident who is under 18 years of age.] any
of the following who is under 18 years of age:
(1) An inmate, detainee, patient or resident.
(2) Another person who is in the custody of a peace
officer or presumed to be in the custody of a peace officer.
* * *
(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
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or [mental retardation] intellectual disability facility or
institution, who is employed by any State or county agency or
any person employed by an entity providing contract services to
the agency.
"Center for children." Includes a child day-care center,
group and family day-care home, boarding home for children, a
center providing early intervention and drug and alcohol
services for children or other facility which provides child-
care services which are subject to approval, licensure,
registration or certification by the Department of [Public
Welfare] Human Services 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.
"Custody." The state of being detained by a peace officer,
including being questioned, handcuffed or arrested by a peace
officer or inside a vehicle designed for law enforcement
purposes.
"Peace officer." As defined in section 501 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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