PRINTER'S NO. 64
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
87
Session of
2021
INTRODUCED BY BAKER, ARNOLD, VOGEL, YAW, SCAVELLO, MARTIN,
BARTOLOTTA AND PHILLIPS-HILL, JANUARY 22, 2021
REFERRED TO JUDICIARY, JANUARY 22, 2021
AN ACT
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
offense under subsection (c) or (d) is a felony of the
third degree.
(ii) A second or subsequent offense under subsection
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(c) or (d) is a felony of the second degree.
(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 23 is amended by adding a section to read:
§ 6388. Task Force on Child Pornography.
(a) Establishment.--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).
(c) Composition.--The task force shall consist of the
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 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
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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
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.
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(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
of the task force.
(e) Member requirements.--
(1) The appointed members of the task force under
subsection (c)(16) and (17) must be individuals who have
experience in investigations or prosecutions of child
pornography or sexual abuse of children, have experience in
the treatment of victims of child pornography or sexual abuse
of children, have experience in the prevention of child
pornography or sexual abuse of children 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
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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.
(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.
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(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) Expiration.--The task force shall expire upon the
submission of the report under subsection (h).
(j) 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.
(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.
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Section 4. This act shall take effect in 60 days.
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