PRINTER'S NO. 2831
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2171
Session of
2024
INTRODUCED BY WAXMAN, KENYATTA, McNEILL, RABB, GIRAL, SANCHEZ,
MAYES, KHAN, PARKER, KINSEY, KRAJEWSKI, KIM, HILL-EVANS AND
DALEY, MARCH 28, 2024
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 28, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in public indecency, further providing
for prostitution and related offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5902(a.1)(4), (c) and (e.1)(4) of Title
18 of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
ยง 5902. Prostitution and related offenses.
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(a.1) Grading of offenses under subsection (a).--An offense
under subsection (a) constitutes a:
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[(4) Felony of the third degree if the person who
committed the offense knew that he or she was human
immunodeficiency virus (HIV) positive or manifesting acquired
immune deficiency syndrome (AIDS).]
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(c) Grading of offenses under subsection (b).--
(1) An offense under subsection (b) constitutes a felony
of the third degree if:
(i) the offense falls within paragraphs (b)(1), (b)
(2) or (b)(3);
(ii) the actor compels another to engage in or
promote prostitution; or
(iv) the actor promotes prostitution of his spouse,
child, ward or any person for whose care, protection or
support he is responsible.[; or
(v) the person knowingly promoted prostitution of
another who was HIV positive or infected with the AIDS
virus.]
(2) Otherwise the offense is a misdemeanor of the second
degree.
* * *
(e.1) Grading of offenses under subsection (e).--An offense
under subsection (e) constitutes a:
* * *
[(4) Felony of the third degree if the person who
committed the offense knew that he or she was human
immunodeficiency virus (HIV) positive or manifesting acquired
immune deficiency syndrome (AIDS).]
* * *
(e.3) Resentencing.--
(1) Upon a petition to the court of common pleas that
originally entered an order of sentence, a person convicted
and sentenced under the former subsection (a.1)(4), (c)(1)(v)
or (e.1)(4) and to which the following apply may be
resentenced to a misdemeanor grade as provided under
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subsection (a.1), (c) or (e.1) based on the established facts
as determined by the court at the time of conviction:
(i) The person has completed the sentence and any
ordered supervision.
(ii) The person is not currently serving a sentence
or under supervision on any other matter.
(2) Upon a petition to the court of common pleas that
originally entered an order of sentence, a person convicted
and sentenced under the former subsection (a.1)(4), (c)(1)(v)
or (e.1)(4) who is currently serving the imposed sentence or
under supervision as part of the imposed sentence shall be
resentenced to a misdemeanor grade as provided under
subsection (a.1), (c) or (e.1) based on the established facts
as determined by the court at the time of conviction.
(3) Any modification of sentence under paragraph (1) or
(2) shall not exceed the original sentence imposed by the
court.
* * *
Section 2. This act shall take effect in 60 days.
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