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| PRIOR PRINTER'S NO. 987 | PRINTER'S NO. 1625 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STEPHENS, CLYMER, CUTLER, GEIST, GINGRICH, GROVE, KILLION, KNOWLES, MALONEY, MURT, SONNEY, VEREB, WATSON, FLECK, O'NEILL, OBERLANDER, HARHART, MOUL, MILNE, FARRY AND SHAPIRO, MARCH 3, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 26, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offense of |
3 | institutional sexual assault. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3124.2 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 3124.2. Institutional sexual assault. |
9 | (a) General rule.--Except as provided in sections 3121 |
10 | (relating to rape), 3122.1 (relating to statutory sexual |
11 | assault), 3123 (relating to involuntary deviate sexual |
12 | intercourse), 3124.1 (relating to sexual assault) and 3125 |
13 | (relating to aggravated indecent assault), a person who is an |
14 | employee or agent of the Department of Corrections or a county |
15 | correctional authority, youth development center, youth forestry |
16 | camp, State or county juvenile detention facility, other |
17 | licensed residential facility serving children and youth, or |
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1 | mental health or mental retardation facility or institution |
2 | commits a felony of the third degree when that person engages in |
3 | sexual intercourse, deviate sexual intercourse or indecent |
4 | contact with an inmate, detainee, patient or resident. |
5 | (a.1) Schools.-- |
6 | (1) Except as provided in sections 3121, 3122.1, 3123, |
7 | 3124.1 and 3125, a person who is a volunteer or an employee |
8 | of a school commits a felony of the third degree when he |
9 | engages in sexual intercourse, deviate sexual intercourse or |
10 | indecent contact with a student of any the school. A | <-- |
11 | conviction under this subsection shall also constitute a bar |
12 | to employment under section 111 of the act of March 10, 1949 |
13 | (P.L.30, No.14), known as the Public School Code of 1949. |
14 | (2) As used in this subsection, the term "employee" |
15 | shall include a teacher, substitute teacher, janitor, |
16 | cafeteria worker, counselor, coach, athletic trainer or |
17 | independent contractor, except those independent contractors |
18 | who have no direct contact with students. |
19 | (2) As used in this subsection, the following terms | <-- |
20 | shall have the meanings given to them in this paragraph: |
21 | (i) "Employee." The term means and includes a |
22 | professional employee as defined herein, a substitute |
23 | teacher, a janitor, a cafeteria worker, a bus driver, a |
24 | teacher aide, an independent contractor as defined |
25 | herein, a coach, an athletic trainer, any coach hired as |
26 | an independent contractor by the PIAA or any athletic |
27 | trainer hired as an independent contractor by the PIAA. |
28 | The term does not include a student employed at the |
29 | school. |
30 | (ii) "Independent contractor." The term means any |
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1 | person or any employee of that person who has a contract |
2 | with a school for the purpose of performing a service for |
3 | the school. The term does not include any independent |
4 | contractor or any employee of an independent contractor |
5 | who has no direct contact with children. |
6 | (iii) "Professional employee." As defined in |
7 | section 1101(1) of the act of March 10, 1949 (P.L.30, |
8 | No.14), known as the Public School Code of 1949. |
9 | (iv) "School." A public or private school, |
10 | intermediate unit or area vocational-technical school. |
11 | (v) "Volunteer." The term does not include a school |
12 | student. |
13 | (a.2) Child-care.--Except as provided in sections 3121, |
14 | 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an |
15 | employee of a center for children commits a felony of the third |
16 | degree when he engages in sexual intercourse, deviate sexual |
17 | intercourse or indecent contact with a child who is receiving |
18 | services at the center. |
19 | (b) [Definition.--As used in this section, the term "agent" |
20 | means a person who is assigned to work in a State or county |
21 | correctional or juvenile detention facility, a youth development |
22 | center, youth forestry camp, other licensed residential facility |
23 | serving children and youth, or mental health or mental |
24 | retardation facility or institution who is employed by any State |
25 | or county agency or any person employed by an entity providing |
26 | contract services to the agency.] Definitions.--As used in this |
27 | section, the following words and phrases shall have the meanings |
28 | given to them in this subsection unless the context clearly |
29 | indicates otherwise: |
30 | "Agent." A person who is assigned to work in a State or |
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1 | county correctional or juvenile detention facility, a youth |
2 | development center, youth forestry camp, other licensed |
3 | residential facility serving children and youth or mental health |
4 | or mental retardation facility or institution, who is employed |
5 | by any State or county agency or any person employed by an |
6 | entity providing contract services to the agency. |
7 | "Center for children." Includes a child day-care center, |
8 | group and family day-care home, boarding home for children, a |
9 | center providing early intervention and drug and alcohol |
10 | services for children or other facility which provides child- |
11 | care services which are subject to approval, licensure, |
12 | registration or certification by the Department of Public |
13 | Welfare or a county social services agency or which are provided |
14 | pursuant to a contract with the department or a county social |
15 | services agency. The term does not include a youth development |
16 | center, youth forestry camp, State or county juvenile detention |
17 | facility and other licensed residential facility serving |
18 | children and youth. |
19 | "Independent contractor." A person who has a contract with a | <-- |
20 | school for the purpose of performing a service for the school. |
21 | "School." A public or private school, intermediate unit or |
22 | area vocational-technical school. |
23 | Section 2. This act shall take effect in 60 days. |
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