PRINTER'S NO. 1222
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
983
Session of
2023
INTRODUCED BY MASTRIANO, ROTHMAN, LANGERHOLC AND HUTCHINSON,
NOVEMBER 9, 2023
REFERRED TO JUDICIARY, NOVEMBER 9, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
classes of offenses; in authorized disposition of offenders,
providing for sentence for trafficking in minors to sexual
servitude; in human trafficking, further providing for
trafficking in individuals; and, in sentencing authority,
providing for sentencing procedure for trafficking in minors
to sexual servitude.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 106(a) and (b) of Title 18 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
ยง 106. Classes of offenses.
(a) General rule.--An offense defined by this title for
which a sentence of death or of imprisonment is authorized
constitutes a crime. The classes of crime are:
* * *
(1.1) Trafficking of minor to sexual servitude.
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
(b) Classification of crimes.--
* * *
(1.1) A crime is a trafficking of a minor to sexual
servitude if so designated in this title or is a person
convicted of trafficking in individuals in accordance with
the provisions of sections 1102.2 (relating to sentence for
trafficking in minors to sexual servitude) and 3011(c)
(relating to trafficking in individuals) .
* * *
Section 2. Title 18 is amended by adding a section to read:
ยง 1102.2. Sentence for trafficking in minors to sexual
servitude.
Notwithstanding any other provision of law, a person who has
been convicted of trafficking in minors to sexual servitude
under section 3011(c) (relating to trafficking in individuals)
shall be sentenced to death or a term of life imprisonment in
accordance with 42 Pa.C.S. ยง 9711.2 (relating to sentencing
procedure for trafficking in minors to sexual servitude).
Section 3. Section 3011(b) introductory paragraph of Title
18 is amended and the section is amended by adding a subsection
to read:
ยง 3011. Trafficking in individuals.
* * *
(b) Trafficking in minors.--Notwithstanding section 1103
(relating to sentence of imprisonment for felony), for offenses
occurring prior to January 1, 2025, a person shall be sentenced
to a term of imprisonment fixed by the court at not more than 40
years if:
* * *
(c) Sentencing after January 1, 2025.--Notwithstanding any
20230SB0983PN1222 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
other provision of law, for all offenses occurring on or after
January 1, 2025, a person shall be sentenced in accordance with
42 Pa.C.S. ยง 9711.2 (relating to sentencing procedure for
trafficking in minors to sexual servitude) if:
(1) the person violates subsection (a)(1) or (2); and
(2) the violation:
(i) results in a minor being subjected to or
evidence exists that shows the minor was intended to be
subjected to sexual servitude. The evidence under this
subparagraph may not solely be from the testimony of the
victim minor or minors, and the corroborating testimony
may not be solely based on the hearsay statements of a
minor; and
(ii) is part of a course of conduct subjecting
minors to sexual servitude.
Section 4. Title 42 is amended by adding a section to read:
ยง 9711.2. Sentencing procedure for trafficking in minors to
sexual servitude.
(a) Procedure in jury trials.--
(1) After a verdict of trafficking in individuals is
recorded and before the jury is discharged, the court shall
conduct a separate sentencing hearing in which the jury shall
determine whether the defendant shall be sentenced to death
or life imprisonment.
(2) In the sentencing hearing, evidence concerning the
victim and the impact that the trafficking of the victim has
had on the victim and the family of the victim is admissible.
Additionally, evidence may be presented as to any other
matter that the court deems relevant and admissible on the
question of the sentence to be imposed. Evidence shall
20230SB0983PN1222 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
include matters relating to any of the aggravating or
mitigating circumstances specified in subsections (d) and
(e), and information concerning the victim and the impact
that the trafficking of the victim has had on the victim and
the family of the victim. Evidence of aggravating
circumstances shall be limited to those circumstances
specified in subsection (d).
(3) After the presentation of evidence, the court shall
permit counsel to present argument for or against the
sentence of death. The court shall then instruct the jury in
accordance with subsection (c).
(4) Failure of the jury to unanimously agree upon a
sentence shall not impeach or in any way affect the guilty
verdict previously recorded.
(b) Procedure in nonjury trials and guilty pleas.--If the
defendant has waived a jury trial or pleaded guilty, the
sentencing proceeding shall be conducted before a jury impaneled
for that purpose unless waived by the defendant with the consent
of the Commonwealth, in which case the trial judge shall hear
the evidence and determine the penalty in the same manner as
would a jury as provided in subsection (a).
(c) Instructions to jury.--
(1) Before the jury retires to consider the sentencing
verdict, the court shall instruct the jury on the following
matters:
(i) The aggravating circumstances specified in
subsection (d) as to which there is some evidence.
(ii) The mitigating circumstances specified in
subsection (e) as to which there is some evidence.
(iii) Aggravating circumstances must be proved by
20230SB0983PN1222 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Commonwealth beyond a reasonable doubt and mitigating
circumstances must be proved by the defendant by a
preponderance of the evidence.
(iv) The verdict must be a sentence of death if the
jury unanimously finds at least one aggravating
circumstance specified in subsection (d) and no
mitigating circumstance or if the jury unanimously finds
one or more aggravating circumstances which outweigh any
mitigating circumstances. The verdict must be a sentence
of life imprisonment in all other cases.
(v) The court may, in its discretion, discharge the
jury if it is of the opinion that further deliberation
will not result in a unanimous agreement as to the
sentence, in which case the court shall sentence the
defendant to life imprisonment.
(2) The court shall instruct the jury that if it finds
at least one aggravating circumstance and at least one
mitigating circumstance, it shall consider, in weighing the
aggravating and mitigating circumstances, any evidence
presented about the victim and about the impact of the
trafficking of the victim on the victim's family. The court
shall also instruct the jury on any other matter that may be
just and proper under the circumstances.
(d) Aggravating circumstances.--Aggravating circumstances
shall be limited to the following:
(1) The defendant paid or was paid by another person or
had contracted to pay or be paid by another person or had
conspired to pay or be paid by another person for the
trafficking of the victim.
(2) In the commission of the offense the defendant
20230SB0983PN1222 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
knowingly created a grave risk of death or serious bodily
injury to another person in addition to the victim of the
offense.
(3) The defendant has a significant history of felony
convictions involving sexual offenses, the use or threat of
violence to a person or trafficking of individuals.
(4) The defendant has been convicted of another Federal
or State offense, committed either before or at the time of
the offense at issue, for which a sentence of life
imprisonment or death was imposable or the defendant was
undergoing a sentence of life imprisonment for any reason at
the time of the commission of the offense.
(5) The defendant has been convicted of any offense
under 18 Pa.C.S. Ch. 30 (relating to human trafficking), or a
substantially equivalent crime in any other jurisdiction,
committed either before or at the time of the offense at
issue.
(6) The victim was a child under 12 years of age.
(e) Mitigating circumstances.--Mitigating circumstances
shall include the following:
(1) The defendant has no significant history of prior
criminal convictions.
(2) The defendant was under the influence of extreme
mental or emotional disturbance.
(3) The capacity of the defendant to appreciate the
criminality of his conduct or to conform his conduct to the
requirements of law was substantially impaired.
(4) The age of the defendant at the time of the crime.
(5) The defendant acted under extreme duress, although
not such duress as to constitute a defense to prosecution
20230SB0983PN1222 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
under 18 Pa.C.S. ยง 309 (relating to duress), or acted under
the substantial domination of another person.
(6) The defendant's participation in the act was
relatively minor.
(7) Any other evidence of mitigation concerning the
character and record of the defendant and the circumstances
of the offense.
(f) Sentencing verdict by the jury.--
(1) After hearing all of the evidence and receiving the
instructions from the court, the jury shall deliberate and
render a sentencing verdict. In rendering the verdict, if the
sentence is death, the jury shall specify in such form as
designated by the court the findings upon which the sentence
is based.
(2) Based upon these findings, the jury shall specify in
writing whether the sentence is death or life imprisonment.
(g) Recording sentencing verdict.--Whenever the jury shall
agree upon a sentencing verdict, it shall be received and
recorded by the court. The court shall thereafter impose upon
the defendant the sentence fixed by the jury.
(h) Review of death sentence.--
(1) A sentence of death shall be subject to automatic
review by the Supreme Court of Pennsylvania pursuant to its
rules.
(2) In addition to its authority to correct errors at
trial, the Supreme Court shall either affirm the sentence of
death or vacate the sentence of death and remand for further
proceedings as provided in paragraph (4).
(3) The Supreme Court shall affirm the sentence of death
unless it determines that:
20230SB0983PN1222 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) the sentence of death was the product of
passion, prejudice or any other arbitrary factor; or
(ii) the evidence fails to support the finding of at
least one aggravating circumstance specified in
subsection (d).
(4) If the Supreme Court determines that the death
penalty must be vacated because none of the aggravating
circumstances are supported by sufficient evidence, it shall
remand for the imposition of a life imprisonment sentence. If
the Supreme Court determines that the death penalty must be
vacated for any other reason, it shall remand for a new
sentencing hearing pursuant to subsections (a) through (g).
(i) Record of death sentence to Governor.--If a sentence of
death is upheld by the Supreme Court, the prothonotary of the
Supreme Court shall transmit to the Governor a full and complete
record of the trial, sentencing hearing, imposition of sentence,
opinion and order by the Supreme Court within 30 days of one of
the following, whichever occurs first:
(1) the expiration of the time period for filing a
petition for writ of certiorari or extension thereof where
neither has been filed;
(2) the denial of a petition for writ of certiorari; or
(3) the disposition of the appeal by the United States
Supreme Court, if that court grants the petition for writ of
certiorari.
Notice of this transmission shall contemporaneously be provided
to the Secretary of Corrections.
Section 5. This act shall take effect in 60 days.
20230SB0983PN1222 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28