HOUSE AMENDED
PRIOR PRINTER'S NOS. 1278, 1419, 1485 PRINTER'S NO. 1612
No. 1047 Session of 1999
INTRODUCED BY HELFRICK, JULY 8, 1999
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 25, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for institutional
3 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.--[A] Except as provided in subsection
10 (a.1), a person who is an employee or agent of the Department of
11 Corrections or a county correctional authority, youth
12 development center, State or county juvenile detention facility,
13 other licensed residential facility serving children and youth,
14 or mental health or mental retardation facility or institution
15 commits a [misdemeanor] felony of the [first] third degree if
16 the person engages in sexual intercourse, deviate sexual
17 intercourse or indecent contact with an inmate, patient or
1 resident OR ANY OTHER PERSON OVER WHOM THE EMPLOYEE OR AGENT HAS <--
2 SUPERVISORY OR DISCIPLINARY AUTHORITY.
3 (a.1) Scope.--This section applies to acts by employees or
4 agents of the department or a county correctional authority,
5 youth development center, State or county juvenile detention
6 facility, other licensed residential facility serving children
7 and youth or mental health or mental retardation facility or
8 institution which are not punishable under section 3121
9 (relating to rape) or 3123 (relating to involuntary deviate
10 sexual intercourse).
11 (b) Definition.--As used in this section, the term "agent"
12 means a person who is assigned to work in a State or county
13 correctional or juvenile detention facility, a youth development
14 center, other licensed residential facility serving children and
15 youth, or mental health or mental retardation facility or
16 institution who is employed by any State or county agency or any
17 person employed by an entity providing contract services to the
18 [Department of Corrections or county correctional authority]
19 agency.
20 Section 2. This act shall take effect immediately.
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