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PRIOR PRINTER'S NOS. 44, 941
PRINTER'S NO. 1391
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
60
Session of
2019
INTRODUCED BY PHILLIPS-HILL, MARTIN, YAW, FOLMER, K. WARD,
REGAN, MENSCH, AUMENT, SCARNATI, DINNIMAN, BLAKE, DiSANTO,
HUTCHINSON, BROWNE, KILLION, BROOKS, J. WARD, SCHWANK,
ALLOWAY, BREWSTER, SANTARSIERO, YUDICHAK, COLLETT, HAYWOOD,
MUTH, TARTAGLIONE, KEARNEY AND IOVINO, JANUARY 23, 2019
AS AMENDED ON SECOND CONSIDERATION, NOVEMBER 18, 2019
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; in public
indecency, further providing for the offense of prostitution
and related offenses; AND FOR ASSET FORFEITURE; and, in
depositions and witnesses, further providing for definitions
and for recorded testimony.
This act may be cited as the Buyer Beware Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3011 and 3013(a) and (c) of Title 18 of
the Pennsylvania Consolidated Statutes are amended to read:
SECTION 1. SECTION 3011 OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 3011. Trafficking in individuals.
(a) Offense defined.--A person commits a felony [of the
second degree if the person]:
(1) of the first degree if the person recruits, entices,
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solicits, advertises, harbors, transports, provides, obtains
or maintains an individual if the person knows or recklessly
disregards that the individual will be subject to
[involuntary] sexual servitude; [or]
(2) of the first degree if the person knowingly benefits
financially or receives anything of value from any act that
facilitates any activity described in paragraph (1)[.];
(3) of the second degree if the person :
(i) recruits, entices, solicits, advertises,
harbors, transports, provides, obtains or maintains an
individual ; and
(ii) knows that, or is reckless as to whether, IF
THE PERSON KNOWS OR RECKLESSLY DISREGARDS THAT the
individual will be subject to labor servitude; and OR
(4) of the second degree if the person knowingly
benefits financially or receives anything of value from an
act which facilitates activity under paragraph (3).
(b) Trafficking in minors.--[A person commits a felony of
the first degree if the person engages in any activity listed in
subsection (a) that results in a minor's being subjected to
sexual servitude.] Notwithstanding section 1103 (relating to
sentence of imprisonment for felony), a person shall be
sentenced to a term of imprisonment fixed by the court at not
more than 40 years if:
(1) the person violates subsection (a)(1) or (2); and
(2) the violation:
(i) results in a minor being subjected to sexual
servitude; or AND
(ii) is part of a course of conduct subjecting
individuals MINORS to sexual servitude by the person .
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SECTION 2. SECTION 3013(A) AND (C) OF TITLE 18 ARE AMENDED
AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 3013. Patronizing a victim of sexual servitude.
(a) Offense defined.--A person commits a felony of the
(A) OFFENSE DEFINED.--
(1) A PERSON COMMITS A FELONY OF THE [second] first
degree if the person engages in any sex act or performance
with another individual [knowing] and knows, or recklessly
disregards the fact , that the act or performance is the
result of the individual being a victim of human trafficking.
(2) A PERSON COMMITS AN OFFENSE IF THE PERSON ENGAGES IN
ANY SEX ACT OR PERFORMANCE WITH ANOTHER INDIVIDUAL WITH
RECKLESS DISREGARD FOR WHETHER THE ACT OR PERFORMANCE IS THE
RESULT OF THE INDIVIDUAL BEING A VICTIM OF HUMAN TRAFFICKING.
AN OFFENSE UNDER THIS PARAGRAPH CONSTITUTES:
(I) A FELONY OF THE THIRD DEGREE WHEN THE OFFENSE IS
A FIRST OFFENSE.
(II) A FELONY OF THE FIRST DEGREE WHEN THE OFFENSE
IS A SECOND OR SUBSEQUENT OFFENSE.
* * *
(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.
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Section 2. Section 5902 of Title 18 is amended by adding
subsections to read:
§ 5902. Prostitution and related offenses.
* * *
(e.3) Additional assessment for offenses under subsection
(e).--
(1) A person convicted of a second offense under
subsection (e) shall pay an additional assessment 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 assessment 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 assessment of
not less than $10,000 nor more than $50,000.
(e.4) Distribution of fines.--Fines collected under this
section shall be distributed equally to the Safe Harbor for
Sexually Exploited Children Fund established under section 3064
(relating to Safe Harbor for Sexually Exploited Children Fund)
and grants under section 3031 (relating to grants).
* * *
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2):
(I) NOT LESS THAN $1,000 AND NOT MORE THAN THE
MAXIMUM AMOUNT APPLICABLE UNDER SECTION 1101 (RELATING TO
FINES).
(II) A PERSON CONVICTED OF A SECOND OFFENSE SHALL
PAY A FINE OF NOT LESS THAN $5,000 NOR MORE THAN $25,000.
(III) A PERSON CONVICTED OF A THIRD OR SUBSEQUENT
OFFENSE SHALL PAY A FINE OF NOT LESS THAN $10,000 NOR
MORE THAN $50,000.
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(2) NOT LESS THAN $10,000 NO MORE THAN $50,000, IF THE
VICTIM OF SEXUAL SERVITUDE WAS A MINOR AT THE TIME OF THE
OFFENSE.
(D) DISTRIBUTION OF FINES.--
(1) FROM ALL FINES COLLECTED UNDER THIS SECTION, 50%
SHALL BE DEPOSITED IN THE SAFE HARBOR FOR SEXUALLY EXPLOITED
CHILDREN FUND ESTABLISHED UNDER SECTION 3064 (RELATING TO
SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND) AND 50%
SHALL BE DEPOSITED IN THE RESTRICTED ACCOUNT ESTABLISHED IN
PARAGRAPH (2).
(2) THE PREVENTION OF HUMAN TRAFFICKING RESTRICTED ACCOUNT
IS ESTABLISHED IN THE GENERAL FUND. THE MONEY IN THE RESTRICTED
ACCOUNT IS APPROPRIATED ON A CONTINUING BASIS TO THE COMMISSION
FOR THE PURPOSE OF FUNDING THE GRANT PROGRAMS UNDER SECTION 3031
(RELATING TO GRANTS).
SECTION 3. SECTION 3021(M) OF TITLE 18 IS AMENDED TO READ:
§ 3021. ASSET FORFEITURE.
* * *
(M) DISPOSITION OF PROCEEDS.--SUBJECT TO SUBSECTION (D), ALL
MONEYS FORFEITED AND THE PROCEEDS FROM THE SALE OF ALL PROPERTY
FORFEITED AND SEIZED UNDER THIS SECTION SHALL BE PAID AS
FOLLOWS:
(1) ANY LAW ENFORCEMENT AGENCY SHALL BE REIMBURSED IF IT
HAS USED ITS OWN FUNDS IN THE DETECTION, INVESTIGATION,
APPREHENSION AND PROSECUTION OF PERSONS FOR VIOLATION OF
SECTIONS 3011 AND 3012.
(2) ANY AMOUNT REMAINING AFTER REIMBURSEMENT UNDER
PARAGRAPH (1) SHALL BE DISTRIBUTED UNDER THE FOLLOWING
FORMULA:
(I) THIRTY PERCENT TO THE OFFICE OF THE PROSECUTING
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ATTORNEY TO BE USED TO INVESTIGATE AND PROSECUTE HUMAN
TRAFFICKING CASES.
(II) SEVENTY PERCENT TO THE COMMISSION, ONE-HALF OF
WHICH SHALL BE [USED] DEPOSITED IN THE RESTRICTED ACCOUNT
ESTABLISHED IN SECTION 3013(D)(2) (RELATING TO
PATRONIZING A VICTIM OF SEXUAL SERVITUDE) TO FUND THE
GRANT PROGRAMS ESTABLISHED UNDER SECTION 3031 (RELATING
TO GRANTS) AND ONE-HALF TO BE USED BY THE OFFICE OF
VICTIMS' SERVICES WITHIN THE COMMISSION TO PROVIDE
SERVICES TO VICTIMS OF HUMAN TRAFFICKING IN THE MANNER
SET FORTH IN CHAPTER 9 OF THE ACT OF NOVEMBER 24, 1998
(P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT.
* * *
Section 3 4. Sections 5982 and 5984.1 SECTION 5982 of Title
42 are IS 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.
Section 4 5. This act shall take effect in 60 days.
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