PRINTER'S NO. 2192
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1782
Session of
2023
INTRODUCED BY KLUNK, STAATS, M. MACKENZIE, PICKETT, MARCELL,
STEHR, GLEIM, JOZWIAK, KAUFFMAN AND KEEFER, OCTOBER 24, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 24, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in human trafficking, further
providing for civil causes of action; in minors, further
providing for sexual abuse of children; in computer offenses,
further providing for definitions, for duty of Internet
service provider and for application for order to remove or
disable items; in child protective services, further
providing for Task Force on Child Pornography; in recidivism
risk reduction incentive, further providing for definitions;
in Nonnarcotic Medication Assisted Substance Abuse Treatment
Grant Pilot Program, further providing for definitions; in
Pennsylvania Board of Probation and Parole, further providing
for short sentence parole; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "victim of the sex trade" in
section 3051(k) of Title 18 of the Pennsylvania Consolidated
Statutes is amended to read:
§ 3051. Civil causes of action.
* * *
(k) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
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"Victim of the sex trade." An individual who has:
(1) been the object of a solicitation for prostitution;
(2) been the object of a transaction in a sex act;
(3) been intended or compelled to engage in an act of
prostitution;
(4) been intended or compelled to engage in a sex act;
(5) been described or depicted in material that
advertises an intent or compulsion to engage in sex acts; or
(6) in the case of obscenity or child [pornography]
sexual abuse material, has appeared in or been described or
depicted in the offending conduct or material.
Section 2. Section 6312(d) and Subchapter C heading of
Chapter 76 of Title 18 are amended to read:
§ 6312. Sexual abuse of children.
* * *
(d) Child [pornography] sexual abuse material.--Any person
who intentionally views or knowingly possesses or controls any
book, magazine, pamphlet, slide, photograph, film, videotape,
computer depiction or other material depicting a child under the
age of 18 years engaging in a prohibited sexual act or in the
simulation of such act commits an offense.
* * *
SUBCHAPTER C
INTERNET CHILD [PORNOGRAPHY] SEXUAL ABUSE MATERIAL
Section 3. The definition of "child pornography" in section
7621 of Title 18 is amended to read:
§ 7621. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Child [pornography] sexual abuse material." As described in
section 6312 (relating to sexual abuse of children).
* * *
Section 4. Sections 7622 and 7626(2) of Title 18 are amended
to read:
§ 7622. Duty of Internet service provider.
An Internet service provider shall remove or disable access
to child [pornography] sexual abuse material items residing on
or accessible through its service in a manner accessible to
persons located within this Commonwealth within five business
days of when the Internet service provider is notified by the
Attorney General pursuant to section 7628 (relating to
notification procedure) that child [pornography] sexual abuse
material items reside on or are accessible through its service.
§ 7626. Application for order to remove or disable items.
An application for an order of authorization to remove or
disable items residing on or accessible through an Internet
service provider's service shall be made to the court of common
pleas having jurisdiction in writing upon the personal oath or
affirmation of the Attorney General or a district attorney of
the county wherein the items have been discovered and, if
available, shall contain all of the following information:
* * *
(2) A statement of the identity of the investigative or
law enforcement officer that has, in the official scope of
that officer's duties, discovered the child [pornography]
sexual abuse material items.
* * *
Section 5. Section 6388 heading, (a), (b), (e)(1), (g) and
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(j) of Title 23 are amended to read:
§ 6388. Task Force on Child [Pornography] Sexual Abuse
Material.
(a) Establishment.--The Task Force on Child [Pornography]
Sexual Abuse Material 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] sexual abuse material in 18 Pa.C.S. § 6312
(relating to sexual abuse of children).
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(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] sexual abuse material or sexual abuse of
children, have experience in the treatment of victims of
child [pornography] sexual abuse material or sexual abuse of
children, have experience in the prevention of child
[pornography] sexual abuse material or sexual abuse of
children or are victims of child [pornography] sexual abuse
material or sexual abuse of children.
* * *
(g) Powers.--The task force shall have the following powers:
(1) To recommend any improvements relating to the
investigation and prosecution of child [pornography] sexual
abuse material 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] sexual
abuse material as defined in 18 Pa.C.S. § 6312.
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* * *
(j) Definition.--As used in this section, the term "task
force" means the Task Force on Child [Pornography] Sexual Abuse
Material established in this section.
Section 6. Paragraph (4) of the definition of "eligible
person" in section 4503 of Title 61 is amended to read:
§ 4503. 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:
* * *
"Eligible person." A defendant or inmate convicted of a
criminal offense who will be committed to the custody of the
department and who meets all of the following eligibility
requirements:
* * *
(4) Has not been found guilty or previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation or criminal attempt, criminal
solicitation or criminal conspiracy to commit any of these
offenses:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet
child [pornography] sexual abuse material).
Received a criminal sentence pursuant to 42 Pa.C.S. §
9712.1 (relating to sentences for certain drug offenses
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committed with firearms).
Any offense listed under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders) or I
(relating to continued registration of sexual offenders).
Drug trafficking as defined in section 4103 (relating
to definitions).
* * *
Section 6.1. Paragraph (4) of the definition of "eligible
offender" in section 4601 of Title 61 is amended to read:
§ 4601. 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:
"Eligible offender." A defendant or inmate convicted of a
criminal offense who will be committed to the custody of the
county and who meets all of the following eligibility
requirements:
* * *
(4) Has not been found guilty or previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet
child [pornography] sexual abuse material).
Received a criminal sentence pursuant to 42 Pa.C.S. §
9712.1 (relating to sentences for certain drug offenses
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committed with firearms).
Any offense for which registration is required under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
* * *
Section 7. Section 6137.1(a)(4) of Title 61 is amended to
read:
§ 6137.1. Short sentence parole.
(a) General rule.--This section applies to persons committed
to the department with an aggregate minimum sentence of
confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of
total confinement) of two years or less or a recidivism risk
reduction incentive minimum sentence under 42 Pa.C.S. §
9756(b.1) of two years or less, whichever is shorter. Regardless
of sentence imposed, this section does not apply to:
* * *
(4) persons committed for or with an aggregate sentence
containing a violation of any of the following provisions or
an equivalent offense under the laws of the United States or
one of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation, including a criminal attempt, criminal
solicitation or criminal conspiracy to commit the offense:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet
child [pornography] sexual abuse material).
A criminal sentence pursuant to 42 Pa.C.S. § 9712.1
(relating to sentences for certain drug offenses
committed with firearms).
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An offense listed under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders).
An offense listed under 42 Pa.C.S. Ch. 97 Subch. I
(relating to continued registration of sexual offenders).
* * *
Section 8. This act shall take effect in 60 days.
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