PRIOR PRINTER'S NO. 2975
PRINTER'S NO. 3004
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2227
Session of
2024
INTRODUCED BY SHUSTERMAN, WEBSTER, KHAN, KINSEY, MIHALEK, HILL-
EVANS, PROBST, BRIGGS, HOHENSTEIN, SCHLOSSBERG, CURRY,
PARKER, McANDREW, DONAHUE, SANCHEZ, MERSKI, CERRATO, DALEY
AND HANBIDGE, APRIL 17, 2024
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 29, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in human trafficking, further
providing for victim protection during prosecution.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3019(b) and (d)(1), (D) AND (F) of Title
18 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 3019. Victim protection during prosecution.
* * *
(b) Affirmative defense.--[An individual who is charged with
any violation under section 5902 (relating to prostitution and
related offenses) may offer the defense at trial that he engaged
in the conduct charged because he was compelled to do so by
coercion or the use of or a threat to use unlawful force against
his person or the person of another, which a person of
reasonable firmness in his situation would have been unable to
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resist.] A victim of human trafficking has an affirmative
defense for an offense committed as a direct result of the human
trafficking without regard to whether any person was prosecuted
or convicted for the human trafficking violation.
* * *
(d) Motion to vacate conviction.--
(1) An individual convicted under section 3503 (relating
to criminal trespass), 3922 (RELATING TO THEFT BY DECEPTION),
3929 (RELATING TO RETAIL THEFT), 4105 (RELATING TO BAD
CHECKS), 5503 (relating to disorderly conduct), 5506
(relating to loitering and prowling at night time), 5507
(relating to obstructing highways and other public passages)
or 5902 (relating to prostitution and related offenses) or an
offense for simple possession of a controlled substance OR AN
ORDER OF CONTEMPT UNDER 42 PA.C.S. § 4132 (RELATING TO
ATTACHMENT AND SUMMARY PUNISHMENT FOR CONTEMPTS) RESULTING
FROM ANY OF THE ABOVE committed as a direct result of being a
victim of human trafficking may file a motion to vacate the
conviction.
* * *
(2) IN ORDER TO BE CONSIDERED, A MOTION UNDER THIS
SUBSECTION MUST:
(I) BE IN WRITING.
(II) [BE CONSENTED TO BY] PROVIDE PROOF OF NOTICE TO
THE ATTORNEY FOR THE COMMONWEALTH.
(III) DESCRIBE THE SUPPORTING EVIDENCE WITH
PARTICULARITY.
(IV) INCLUDE COPIES OF ANY DOCUMENTS SHOWING THAT
THE MOVING PARTY IS ENTITLED TO RELIEF UNDER THIS
SECTION.
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* * *
(F) GRANT OF MOTION.--THE COURT SHALL GRANT THE MOTION IF IT
FINDS THAT:
(1) THE MOVING PARTY WAS CONVICTED OF AN OFFENSE
DESCRIBED IN SUBSECTION (D)(1).
(2) THE MOVING PARTY DEMONSTRATES BY A PREPONDERANCE OF
THE EVIDENCE THAT THE CONVICTION WAS OBTAINED AS A RESULT OF
THE MOVING PARTY'S HAVING BEEN A VICTIM OF HUMAN TRAFFICKING.
* * *
Section 2. This act shall take effect in 60 days.
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