PRIOR PRINTER'S NOS. 1278, 1419, 1485, PRINTER'S NO. 1858
1612, 1671, 1725
No. 1047 Session of 1999
INTRODUCED BY HELFRICK, JULY 8, 1999
SENATE AMENDMENTS TO HOUSE AMENDMENTS, APRIL 10, 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 person who is an employee or agent of <--
10 the Department of
11 (A) GENERAL RULE.--[A] EXCEPT AS PROVIDED IN SECTIONS 3121 <--
12 (RELATING TO RAPE), 3122.1 (RELATING TO STATUTORY SEXUAL
13 ASSAULT), 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
14 INTERCOURSE), 3124.1 (RELATING TO SEXUAL ASSAULT) AND 3125
15 (RELATING TO AGGRAVATED INDECENT ASSAULT), A PERSON WHO IS AN
16 EMPLOYEE OR AGENT OF THE DEPARTMENT OF Corrections or a county
17 correctional authority, youth development center, youth forestry
1 camp, State or county juvenile detention facility, other
2 licensed residential facility serving children and youth, or
3 mental health or mental retardation facility or institution
4 commits a [misdemeanor] felony of the [first] third degree [if <--
5 the] WHEN THAT person engages in sexual intercourse, deviate <--
6 sexual intercourse or indecent contact with an inmate, detainee,
7 patient or resident.
8 (b) Definition.--As used in this section, the term "agent"
9 means a person who is assigned to work in a State or county
10 correctional or juvenile detention facility, a youth development
11 center, youth forestry camp, other licensed residential facility
12 serving children and youth, or mental health or mental
13 retardation facility or institution who is employed by any State
14 or county agency or any person employed by an entity providing
15 contract services to the [Department of Corrections or county
16 correctional authority] agency.
17 Section 2. This act shall take effect immediately.
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