Regular Session 2019-2020 Senate Bill 1075 P.N. 2067

PRIOR PRINTER'S NOS. 1630, 2002

PRINTER'S NO. 2067

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1075

Session of

2020

INTRODUCED BY ARNOLD, MUTH, MARTIN, BARTOLOTTA, SANTARSIERO,

YAW, MENSCH, SCAVELLO, STEFANO AND AUMENT, APRIL 13, 2020

AS AMENDED ON THIRD CONSIDERATION, OCTOBER 5, 2020

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in minors, further providing for the offense of

sexual abuse of children and providing for child sexual abuse

prevention task force; and, in sentencing, further providing

for sentencing for offenses involving sexual abuse of

children. AMENDING TITLES 18 (CRIMES AND OFFENSES), 23

(DOMESTIC RELATIONS) AND 42 (JUDICIARY AND JUDICIAL

PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, IN

MINORS, FURTHER PROVIDING FOR THE OFFENSE OF SEXUAL ABUSE OF

CHILDREN; IN CHILD PROTECTIVE SERVICES, PROVIDING FOR TASK

FORCE ON CHILD PORNOGRAPHY; AND, IN SENTENCING, FURTHER

PROVIDING FOR SENTENCING FOR OFFENSES INVOLVING SEXUAL ABUSE

OF CHILDREN.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6312(d.1) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6312. Sexual abuse of children.

* * *

(d.1) Grading.--The offenses shall be graded as follows:

(1) Except as provided in paragraph (3), an offense

under subsection (b) is a felony of the second degree.

(2) (i) Except as provided in paragraph (3), a first

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offense under subsection (c) or (d) is a felony of the

third degree.

(ii) A second or subsequent offense under subsection

(3) When a person commits an offense graded under

paragraph (1) or (2)(i) [and indecent contact with the child

as defined in section 3101 (relating to definitions) is

depicted], the grading of the offense shall be one grade

higher than the grade specified in paragraph (1) or (2)(i)[.]

if:

(i) indecent contact with the child as defined in

section 3101 (relating to definitions) is depicted; or

(ii) the child depicted is under 10 years of age or

prepubescent.

* * *

Section 2. Title 18 is amended by adding a section to read:

§ 6312.1. Child sexual abuse prevention task force.

(a) Establishment.--The Child Sexual Abuse Prevention Task

Force shall be created within the Department of Human Services.

(b) Purpose.--The task force shall perform the following:

(1) Develop guidance, tools and sexual abuse prevention

and intervention frameworks for supporting Pennsylvania Child

Welfare Services and the General Assembly in efforts to

better protect the children and youth entrusted to the care

of Pennsylvania Child Welfare Services.

(2) Create long-range plans and strategies for statewide

community education about child sexual abuse and its

prevention.

following members:

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(1) One member of the Pennsylvania Senate, appointed by

the President Pro Tempore of the Senate.

(2) One member of the public, appointed by the President

Pro Tempore of the Senate.

(3) One member of the Pennsylvania House of

Representatives, appointed by the Speaker of the House of

Representatives.

(4) One member of the public, appointed by the Speaker

of the House of Representatives.

(5) One member of the public who is a survivor of child

sexual abuse, appointed by the Governor.

(6) The Secretary of Education, or a designee.

(7) The Secretary of Human Services, who shall serve as

chairperson of the task force;

(8) The Secretary of Health, or a designee.

(9) The President of the Pennsylvania District

Attorney's Association, or a designee.

(10) Two representatives of a children's advocacy center

that assists in the investigation, prosecution and treatment

of child sexual and physical abuse cases, appointed by the

Governor.

(11) Two medical professionals that specialize in the

field of child sexual abuse, one of whom shall be appointed

by the President Pro Tempore of the Senate and one of whom

shall be appointed by the Speaker of the House of

Representatives.

(12) The Director of the Pennsylvania Coalition Against

Rape, or a designee.

(13) The director of a rape crisis center located in

this Commonwealth, or a designee.

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(14) A representative of an organization representing

law enforcement, appointed by the Commissioner of the

Pennsylvania State Police.

(15) The Victim Advocate from the Office of Victim

Advocate, or a designee.

(16) A member of the Pennsylvania Sex Offender

Assessment Board. If possible, this member shall also be a

member of The Association for the Treatment of Sexual

Abusers.

(17) The Attorney General of Pennsylvania, or a

designee.

(d) Member requirements.--Members of the task force must be

individuals who are actively involved in the fields of the

prevention of child abuse and neglect and child welfare. The

appointment of members must reflect the geographic diversity of

the Commonwealth.

(e) Vacancies.--The following shall apply:

(1) Except as provided under paragraph (2), the Governor

shall appoint a member for a membership on the task force

that remains vacant for 90 days or more.

(2) The President pro tempore of the Senate shall

appoint a member for a membership appointed under subsection

(c)(5) or (10) that remains vacant for 90 days or more.

(f) Designee.--A task force member who intends to utilize a

designee shall notify the chairperson of the task force in

writing of the designee.

(g) Terms.--The term of a task force member appointed under

subsection (c)(1), (2), (3), (4), (10), (11) or (14) shall be

three years. A task force member may be reappointed for

additional terms. An individual appointed to fill a vacancy on

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the task force under subsection (c) shall serve for the

unexpired term of the membership and shall be eligible for

reappointment.

(h) Meetings and expenses.--The following shall apply:

(1) The task force shall meet at least four times

annually, but may hold additional meetings as determined by

the chairperson. The chairperson shall provide notice of at

least 14 days in advance for a regular meeting and shall

provide notice of at least three days in advance of a special

meeting.

(2) A record of meeting attendance shall be maintained,

and a member shall receive written notice if the member

misses two consecutive meetings. A member who misses three

consecutive meetings without good cause acceptable to the

chairperson may be replaced by a member appointed by the

Governor at the discretion of the chairperson.

(3) Minutes of the meetings shall be prepared and filed

with the task force and distributed to each member. Each

record shall be a matter of public record.

(4) A member may not receive per diem expenses.

(5) The department shall provide appropriate staff

support to enable the task force to properly carry out the

task force's duties.

(i) Powers.--The task force shall have the power to advise

and consult the General Assembly and Commonwealth agencies and

may make recommendations in accordance with subsection (b). In

making those recommendations, the task force shall perform the

following:

(1) Review existing laws, regulations and policies

within the context of current empirical evidence evaluating

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effective child sexual abuse.

(2) Review current best-practices for primary, secondary

and tertiary child sexual abuse prevention strategies.

(3) Gather information concerning child sexual abuse

throughout this Commonwealth.

(4) Receive reports and testimony from individuals,

Commonwealth and local agencies, community-based

organizations and other public and private organizations.

(5) Develop guidelines and tools for the development of

sexual abuse prevention and intervention plans by

organizations serving children and youth.

(6) Recommend policies and procedures for implementation

and oversight of the guidelines.

(7) Recommend strategies for incentivizing organizations

to develop and implement sexual abuse prevention and

intervention plans.

(8) Develop a five-year plan for using community

education and other strategies to increase public awareness

about child sexual abuse, including how to recognize signs,

minimize risk and act on suspicions or disclosures of such

abuse.

(9) Create goals for education policy that would prevent

child sexual abuse.

(10) Create goals for other areas of Commonwealth policy

that would prevent child sexual abuse.

(j) Annual report.--Submit an annual report to the Governor

and the General Assembly, which shall include, but not be

limited to, the task force's recommendations under this section.

The report shall be published on the department's publicly

accessible Internet website.

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(k) 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:

"Chairperson." The chairperson of the task force.

"Member." A member of the task force.

"Task force." The Child Sexual Abuse Prevention Task Force

established under subsection (a).

SECTION 2. TITLE 23 IS AMENDED BY ADDING A SECTION TO READ:

§ 6388. TASK FORCE ON CHILD PORNOGRAPHY.

(A) E STABLISHMENT.--THE TASK FORCE ON CHILD PORNOGRAPHY IS

ESTABLISHED.

(B) PURPOSE.--THE PURPOSE OF THE TASK FORCE IS TO CONDUCT A

REVIEW TO ASCERTAIN ANY INADEQUACIES RELATING TO THE OFFENSE OF

CHILD PORNOGRAPHY IN 18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE

OF CHILDREN).

FOLLOWING MEMBERS, WHO SHALL BE APPOINTED WITHIN 25 DAYS AFTER

THE EFFECTIVE DATE OF THIS SECTION:

(1) THE SECRETARY OR A DESIGNEE.

(2) THE ATTORNEY GENERAL OR A DESIGNEE.

(3) THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE OR

A DESIGNEE.

(4) THE CHAIRMAN OF THE PENNSYLVANIA COMMISSION ON CRIME

AND DELINQUENCY OR A DESIGNEE.

(5) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA

COMMISSION ON SENTENCING OR A DESIGNEE.

(6) TWO MEMBERS OF THE SENATE, ONE APPOINTED BY THE

PRESIDENT PRO TEMPORE OF THE SENATE AND ONE APPOINTED BY THE

MINORITY LEADER OF THE SENATE.

(7) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE

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APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND

ONE APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF

REPRESENTATIVES.

(8) THE VICTIM ADVOCATE FROM THE OFFICE OF VICTIM

ADVOCATE OR A DESIGNEE FROM THAT OFFICE.

(9) THE PRESIDENT OF THE PENNSYLVANIA DISTRICT ATTORNEYS

ASSOCIATION OR A DESIGNEE.

(10) THE DIRECTOR OF THE PENNSYLVANIA COALITION AGAINST

RAPE OR A DESIGNEE.

(11) ONE MEMBER OF THE PENNSYLVANIA SEXUAL OFFENDERS

ASSESSMENT BOARD. IF POSSIBLE, THE MEMBER SHALL BE A MEMBER

OF THE ASSOCIATION FOR THE TREATMENT OF SEXUAL ABUSERS.

(12) ONE MEMBER OF THE PENNSYLVANIA INTERNET CRIMES

AGAINST CHILDREN (ICAC) TASK FORCE.

(13) THE DIRECTOR OF A RAPE CRISIS CENTER LOCATED IN

THIS COMMONWEALTH OR A DESIGNEE, APPOINTED BY THE GOVERNOR.

(14) ONE REPRESENTATIVE OF A CHILDREN'S ADVOCACY CENTER

THAT ASSISTS IN THE INVESTIGATION, PROSECUTION AND TREATMENT

OF CHILD SEXUAL AND PHYSICAL ABUSE CASES, APPOINTED BY THE

GOVERNOR.

(15) TWO MEDICAL PROFESSIONALS THAT SPECIALIZE IN THE

FIELD OF CHILD SEXUAL ABUSE, ONE OF WHOM SHALL BE APPOINTED

BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE OF WHOM

SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF

REPRESENTATIVES.

(16) ONE MEMBER OF THE PUBLIC, APPOINTED BY THE

PRESIDENT PRO TEMPORE OF THE SENATE.

(17) ONE MEMBER OF THE PUBLIC, APPOINTED BY THE SPEAKER

OF THE HOUSE OF REPRESENTATIVES.

(D) CHAIRPERSON.--THE GOVERNOR SHALL SELECT THE CHAIRPERSON

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OF THE TASK FORCE.

(E) MEMBER REQUIREMENTS.--

(1) APPOINTED MEMBERS OF THE TASK FORCE MUST BE

INDIVIDUALS WHO HAVE EXPERIENCE IN INVESTIGATIONS OR

PROSECUTIONS OR ARE VICTIMS OF CHILD PORNOGRAPHY OR SEXUAL

ABUSE OF CHILDREN.

(2) THE APPOINTMENT OF MEMBERS MUST REFLECT THE

GEOGRAPHIC DIVERSITY OF THIS COMMONWEALTH.

(F) MEETINGS AND EXPENSES.--THE TASK FORCE SHALL CONDUCT ITS

BUSINESS AS FOLLOWS:

(1) THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES BUT

MAY HOLD ADDITIONAL MEETINGS AS DETERMINED BY THE CHAIRPERSON

OF THE TASK FORCE.

(2) THE CHAIRPERSON OF THE TASK FORCE SHALL SCHEDULE A

MEETING UPON WRITTEN REQUEST OF EIGHT MEMBERS OF THE TASK

FORCE.

(3) THE FIRST MEETING OF THE TASK FORCE SHALL BE

CONVENED WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THIS

SECTION.

(4) THE TASK FORCE SHALL HOLD PUBLIC HEARINGS AS

NECESSARY TO OBTAIN THE INFORMATION REQUIRED TO CONDUCT ITS

REVIEW.

(5) ACTION OF THE TASK FORCE SHALL BE AUTHORIZED OR

RATIFIED BY MAJORITY VOTE OF THE MEMBERS OF THE TASK FORCE.

(6) THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY

AND THE JOINT STATE GOVERNMENT COMMISSION SHALL COOPERATE TO

PROVIDE ADMINISTRATIVE OR OTHER ASSISTANCE TO THE TASK FORCE.

(7) THE MEMBERS OF THE TASK FORCE SHALL NOT RECEIVE

COMPENSATION BUT SHALL BE REIMBURSED FOR REASONABLE AND

NECESSARY EXPENSES INCURRED IN THE SERVICE OF THE TASK FORCE.

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(G) POWERS.--THE TASK FORCE SHALL HAVE THE FOLLOWING POWERS:

(1) TO RECOMMEND ANY IMPROVEMENTS RELATING TO THE

INVESTIGATION AND PROSECUTION OF CHILD PORNOGRAPHY AS DEFINED

IN 18 PA.C.S. § 6312.

(2) TO RECOMMEND ANY NECESSARY CHANGES IN STATE STATUTES

AND PRACTICES, POLICIES AND PROCEDURES RELATING TO THE

RECOGNITION OR PROSECUTION OF CHILD PORNOGRAPHY AS DEFINED IN

18 PA.C.S. § 6312.

(H) REPORT.--

(1) WITHIN ONE YEAR OF THE FIRST MEETING OF THE TASK

FORCE, THE TASK FORCE SHALL SUBMIT A REPORT WITH ITS

RECOMMENDATIONS TO THE FOLLOWING:

(I) THE GOVERNOR.

(II) THE PRESIDENT PRO TEMPORE OF THE SENATE.

(III) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(IV) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

JUDICIARY COMMITTEE OF THE SENATE.

(V) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(2) THE REPORT UNDER THIS SUBSECTION MUST BE ADOPTED AT

A PUBLIC MEETING OF THE TASK FORCE.

(3) THE REPORT UNDER THIS SUBSECTION SHALL BE A PUBLIC

RECORD UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3),

KNOWN AS THE RIGHT-TO-KNOW LAW.

(I) DEFINITION.--AS USED IN THIS SECTION, THE TERM "TASK

FORCE" MEANS THE TASK FORCE ON CHILD PORNOGRAPHY ESTABLISHED IN

THIS SECTION.

Section 3. Section 9720.5 of Title 42 is amended to read:

§ 9720.5. Sentencing for offenses involving sexual abuse of

children.

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(a) General rule.--The Pennsylvania Commission on

Sentencing, in accordance with section 2154 (relating to

adoption of guidelines for sentencing), shall provide for a

sentence enhancement within its guidelines for an offense under

18 Pa.C.S. § 6312 (relating to sexual abuse of children),

specifying variations from the range of sentences applicable

based on such aggravating circumstances as the age of the child

or a determination of prepubescence, the number of images

possessed by the defendant, if the child depicted is known to

the defendant and the nature and character of the abuse depicted

in the images.

(b) Other circumstances.--When a person commits an offense

to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3)

apply, the Pennsylvania Commission on Sentencing shall, in

accordance with section 2154, provide for a sentence enhancement

within its guidelines if indecent contact with the child as

defined in 18 Pa.C.S. § 3101 (relating to definitions) is

depicted and the child depicted is under 10 years of age or

prepubescent.

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

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