PRINTER'S NO. 3080

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2174

Session of

2020

INTRODUCED BY MIHALEK, SCHROEDER, MUSTELLO, GAYDOS, ROWE,

BERNSTINE, EVERETT, FEE, GROVE, HEFFLEY, JOZWIAK, OWLETT,

PICKETT, RYAN, STAATS AND TOPPER, JANUARY 6, 2020

hereby enacts as follows:

Section 1. Section 3018(a) of Title 18 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 3018. Evidence and defenses to human trafficking.

(a) General rule.--Evidence of the [following facts or

conditions] age of the victim of human trafficking with respect

to the age of consent to sex or legal age of marriage shall not

constitute a defense in a prosecution for a violation under this

chapter, nor shall the evidence preclude a finding of a

alleged victim's past sexual conduct with the defendant shall

be admissible where consent of the alleged victim is at issue

and the evidence is otherwise admissible under the rules of

evidence. A defendant who proposes to offer evidence of the

alleged victim's past sexual conduct under this paragraph

shall file a written motion and offer of proof at the time of

trial. If, at the time of trial, the court determines that

the motion and offer of proof are sufficient on their faces,

the court shall order an in camera hearing and shall make

findings on the record as to the relevance and admissibility

of section 3104 (relating to evidence of victim's sexual

conduct) shall apply to prosecutions under this chapter.

* * *

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