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                                                      PRINTER'S NO. 3674

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2500 Session of 2006


        INTRODUCED BY REICHLEY, BALDWIN, BELFANTI, BEYER, BOYD, BUNT,
           CAPPELLI, CASORIO, CAWLEY, CRAHALLA, DALLY, DeLUCA,
           DENLINGER, DeWEESE, DONATUCCI, FICHTER, FRANKEL, GABIG,
           GEIST, GILLESPIE, GINGRICH, GOODMAN, GRUCELA, HARHART,
           HARRIS, HESS, KILLION, LEACH, MARKOSEK, MARSICO, S. MILLER,
           O'NEILL, PALLONE, PAYNE, PETRI, PISTELLA, PYLE, REED, ROHRER,
           ROSS, SAYLOR, SCAVELLO, SCHRODER, SOLOBAY, SONNEY, STABACK,
           R. STEVENSON, E. Z. TAYLOR, THOMAS, TIGUE, TRUE, WATSON, WILT
           AND YUDICHAK, MARCH 13, 2006

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2006

                                     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.--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

     1  camp, State or county juvenile detention facility, [other]
     2  licensed residential facility serving children and youth,
     3  licensed residential facility serving care-dependent persons as
     4  defined in section 2713 (relating to neglect of care-dependent
     5  person) or mental health or mental retardation facility or
     6  institution commits a felony of the third degree when that
     7  person engages in sexual intercourse, deviate sexual intercourse
     8  or indecent contact with an inmate, detainee, patient or
     9  resident.
    10     (b)  Definition.--As used in this section, the term "agent"
    11  means a person who is assigned to work in a State or county
    12  correctional or juvenile detention facility, a youth development
    13  center, youth forestry camp, [other] licensed residential
    14  facility serving children and youth, licensed residential
    15  facility serving care-dependent persons as defined in section
    16  2713 or mental health or mental retardation facility or
    17  institution who is employed by any State or county agency or any
    18  person employed by an entity providing contract services to the
    19  agency.
    20     Section 2.  This act shall take effect in 60 days.







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