Pennsylvania SB 143: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for restrictions on utility services prohibited.

Bill Text

PRINTER'S NO. 88
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 143
Session of
2025
INTRODUCED BY LAUGHLIN, DUSH, ROBINSON, FONTANA, STEFANO,
PENNYCUICK, J. WARD AND COSTA, JANUARY 22, 2025
REFERRED TO JUDICIARY, JANUARY 22, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in human trafficking,
further providing for definitions, for victim protection
during prosecution and for safe harbor for sexually exploited
children; in sex trafficking and missing and abducted
children, further providing for county responsibilities; in
juvenile matters, further providing for dependency in lieu of
delinquency; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "sexually exploited child" in
section 3001 of Title 18 of the Pennsylvania Consolidated
Statutes is amended to read:
§ 3001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Sexually exploited child." An individual under 18 years of
age who:
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(1) is a victim of sexual servitude; [or]
(2) is a victim of [an offense under 18 U.S.C. § 1591
(relating to sex trafficking of children or by force, fraud,
or coercion).] human trafficking; or
(3) is determined to have engaged or attempted to engage
in prostitution as described under section 5902(a) (relating
to prostitution and related offenses).
* * *
Section 2. Section 3019(a) of Title 18 is amended to read:
§ 3019. Victim protection during prosecution.
(a) Disclosure of name [of victim of human trafficking]
prohibited.--Notwithstanding any other provision of law to the
contrary, unless the court otherwise orders in a prosecution
involving a victim of human trafficking or a sexually exploited
child, an officer or employee of the court may not disclose the
identity of the victim of human trafficking or the sexually
exploited child to the public. Any record revealing the name of
the victim of human trafficking or the sexually exploited child
shall not be open to public inspection.
* * *
Section 3. Section 3065(a), (b) and (c) of Title 18 are
amended and the section is amended by adding subsections to
read:
§ 3065. Safe harbor for sexually exploited children.
[(a) Safe harbor.--If it is determined by a law enforcement
officer, after reasonable detention for investigative purposes,
that an individual is under 18 years of age and is determined to
be a sexually exploited child as defined in section 3001
(relating to definitions), the individual shall be immune from:
(1) Prosecution or adjudication as a delinquent child
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for a violation of sections 5507 (relating to obstructing
highways and other public passages) and 5902(a) (relating to
prostitution and related offenses).
(2) Revocation of an existing term of probation or
parole arising from a conviction or adjudication for another
offense if the revocation is based on conduct under paragraph
(1).]
(a.1) Contact and assessment.--
(1) After reasonable detention for investigative
purposes, if a law enforcement officer suspects that a child
may be a sexually exploited child as defined under section
3001 (relating to definitions), the law enforcement officer
shall immediately notify a county agency.
(2) After receipt of a notification from a law
enforcement officer of a suspected sexually exploited child
under this subsection, the county agency or an entity
contracted by the county agency to conduct child abuse and
neglect determinations shall immediately contact the child
and, in coordination with law enforcement, conduct an
assessment to determine whether:
(i) the child is a sexually exploited child; and
(ii) the child's actions were a direct result of the
child being a sexually exploited child.
(3) An assessment conducted under paragraph (2) may be
conducted using a screening tool that ascertains:
(i) The child's current conditions and the child's
history of sex or labor trafficking.
(ii) Any past reports of sex or labor trafficking
involving the child.
(iii) Any current or past reports of sexual abuse
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involving the child.
(iv) Any current or past incidents of inappropriate
sexual behaviors involving the child.
(v) Whether the child is known to associate with
confirmed or suspected sexually exploited children.
(a.2) Safe harbor response following assessment.--If, after
an assessment conducted under subsection (a.1), it is determined
by a law enforcement officer in consultation with a county
agency or an entity contracted by the county agency that the
child is a sexually exploited ch