SB 60 — 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, for the offense of patronizing a victim of sexual servitude and for asset forfeiture; and, in depositions and witnesses, further providing for definitions.

PRIOR PRINTER'S NO.

44 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

941 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, REGAN, MENSCH, AUMENT, SCARNATI, DINNIMAN, BLAKE, DiSANTO, HUTCHINSON, BROWNE, KILLION, BROOKS, J.

WARD, SCHWANK,SCHWANK AND, ALLOWAY, BREWSTER, SANTARSIERO, YUDICHAK, COLLETT, HAYWOOD, MUTH AND TARTAGLIONE, JANUARY 23, 2019 SENATORREFERRED BAKER,TO JUDICIARY, ASJANUARY AMENDED,23, JUNE 11, 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;

Sections 3011(a) 3011 and 3013(a) and (c) of <-- Title 18 of the Pennsylvania Consolidated Statutes are amended to read:

(a) Offense defined.--A person commits a felony [ofof the <-- [second] first degree if the person]:person:

<-- (1) OF THE FIRST DEGREE IF THE PERSON recruits, entices, <-- solicits, advertises, harbors, transports, provides, patronizes, obtains or maintains an individual if the person <-- knows or recklessly disregards that the individual will be subject to [involuntary]involuntary SEXUAL servitude;

[or]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)[.];(1).

<-- * * * <--§ (3)3013. 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, THE INDIVIDUAL WILL BE SUBJECT TO LABOR SERVITUDE;

AND (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 (II) IS PART OF A COURSE OF CONDUCT SUBJECTING INDIVIDUALS TO SEXUAL SERVITUDE BY THE PERSON.

§ 3013.

20190SB0060PN0941 - 2 - (a) Offense defined.--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, reasonably should have known or recklessly disregards the fact,fact <-- that the act or performance is the result of the individual being a victim of human trafficking.

* * * (e.3) Additional fines ASSESSMENT for offenses under <-- subsection (e).-- (1) A person convicted of a second offense under subsection (e) shall pay an additional fine ASSESSMENT of not <-- less than $1,000 nor more than $20,000.

20190SB0060PN0044 - 2 - (2) A person convicted of a third offense under subsection (e) shall pay an additional fine ASSESSMENT of not <-- less than $5,000 nor more than $30,000.

(3) A person convicted of a fourth or subsequent offense 20190SB0060PN0941 - 3 - under subsection (e) shall pay an additional fine ASSESSMENT <-- of not less than $10,000 nor more than $50,000.

"Minor." An individual who, at the time of the commission of 20190SB0060PN0044 - 3 - 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 20190SB0060PN0941 - 4 - the art of verbatim reporting by the use of a written shorthand system, whether manual or machine;

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 child victim or child material witness cannot hear or see the 20190SB0060PN0044 - 4 - defendant.

The court shall make certain that the defendant and defense counsel have adequate opportunity to 20190SB0060PN0941 - 5 - communicate for the purpose of providing an effective defense.

(2) If the court hears testimony under subsection (b) 20190SB0060PN0044 - 5 - (2), the defendant, the attorney for the defendant and the attorney for the Commonwealth have the right to be present.

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