HOUSE AMENDED
PRIOR PRINTER'S NOS. 1278, 1419, 1485, PRINTER'S NO. 1671
1612
No. 1047 Session of 1999
INTRODUCED BY HELFRICK, JULY 8, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 14, 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, YOUTH FORESTRY CAMP, State or county <--
13 juvenile detention facility, other licensed residential facility
14 serving children and youth, or mental health or mental
15 retardation facility or institution commits a [misdemeanor]
16 felony of the [first] third degree if the person engages in
1 sexual intercourse, deviate sexual intercourse or indecent
2 contact with an inmate, DETAINEE, patient or resident OR ANY <--
3 OTHER PERSON OVER WHOM THE EMPLOYEE OR AGENT HAS SUPERVISORY OR
4 DISCIPLINARY AUTHORITY RESIDENT. <--
5 (a.1) Scope.--This section applies to acts by employees or
6 agents of the department or a county correctional authority,
7 youth development center, YOUTH FORESTRY CAMP, State or county <--
8 juvenile detention facility, other licensed residential facility
9 serving children and youth or mental health or mental
10 retardation facility or institution which are not punishable <--
11 under section 3121 (relating to rape) or 3123 (relating to
12 involuntary deviate sexual intercourse). INSTITUTION. <--
13 (b) Definition.--As used in this section, the term "agent"
14 means a person who is assigned to work in a State or county
15 correctional or juvenile detention facility, a youth development
16 center, YOUTH FORESTRY CAMP, other licensed residential facility <--
17 serving children and youth, or mental health or mental
18 retardation facility or institution who is employed by any State
19 or county agency or any person employed by an entity providing
20 contract services to the [Department of Corrections or county
21 correctional authority] agency.
22 Section 2. This act shall take effect immediately.
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