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2014 Pa. Legis. Serv. Act 2014-105 (S.B. 75) (PURDON’S)
PENNSYLVANIA 2014 LEGISLATIVE SERVICE
One Hundred Ninety-Eighth Regular Session of the General Assembly
ACT NO. 2014–105
S.B. No. 75
AN ACT Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, extensively revising the law on human trafficking in the areas of prosecution, prevention, victim protection, evidentiary confidentiality, limitation of actions, victim impact statements and classification of sexual offenses; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 911(h)(1)(i) of Title 18 of the Pennsylvania Consolidated Statutes is amended to read:
<< PA ST 18 Pa.C.S.A. § 911 >>
§ 911 Corrupt organizations
* * *
(h) Definitions.—As used in this section:
(1) “Racketeering activity” means all of the following:
(i) An act which is indictable under any of the following provisions of this title:
Chapter 25 (relating to criminal homicide)
Section 2706 (relating to terroristic threats)
Chapter 29 (relating to kidnapping)
Chapter 30 (relating to human trafficking of persons)
Chapter 33 (relating to arson, criminal mischief and other property destruction)
Chapter 37 (relating to robbery)
Chapter 39 (relating to theft and related offenses)
Section 4108 (relating to commercial bribery and breach of duty to act disinterestedly)
Section 4109 (relating to rigging publicly exhibited contest)
Section 4117 (relating to insurance fraud)
Chapter 47 (relating to bribery and corrupt influence)
Chapter 49 (relating to falsification and intimidation)
Section 5111 (relating to dealing in proceeds of unlawful activities)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling, etc.)
Section 5514 (relating to pool selling and bookmaking)
Chapter 59 (relating to public indecency).
* * *
An act which otherwise would be considered racketeering activity by reason of the application of this paragraph, shall not be excluded from its application solely because the operative acts took place outside the jurisdiction of this Commonwealth, if such acts would have been in violation of the law of the jurisdiction in which they occurred.
* * *
Section 3. Title 18 is amended by adding a chapter to read:
A. General Provisions
B. Prosecution of Human Trafficking
C. Prevention of Human Trafficking
D. Protection of Victims of Human Trafficking
E. Miscellaneous Provisions
<< PA ST 18 Pa.C.S.A. § 3001 >>
§ 3001 Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Commission.” The Pennsylvania Commission on Crime and Delinquency.1
“Debt coercion.” Exploitation of the status or condition of a debtor arising from a pledge by the debtor of the personal services of the debtor or an individual under the debtor’s control as a security or payment for debt, if any of the following apply:
(1) The value of those services as reasonably assessed is not applied toward the liquidation of the debt.
(2) The length and nature of those services are not respectively limited and defined.
(3) The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.
(4) The debtor is coerced to perform sex acts as payment for the debt.2
(5) The creditor controls and determines the movement, housing and services performed by the debtor until repayment of the debt.
“Extortion.” As defined in section 3923 (relating to theft by extortion).
“Financial harm.” Includes any of the following:
(1) A violation of the act of March 30, 1859 (P.L. 318, No. 318)1 entitled “An act for the better securing the Payment of the Wages of Labor in certain counties of this Commonwealth.”
(2) A violation of the act of May 23, 1887 (P.L. 181, No. 122)2 entitled “An act to regulate the employment of labor.”
(3) A criminal violation of the act of January 30, 1974 (P.L. 13, No. 6),3 referred to as the Loan Interest and Protection Law (Usury Law).
(4) A violation of Chapter 2 of the act of June 23, 1978 (P.L. 537, No. 93),4 known as the Seasonal Farm Labor Act.
(5) A violation of any other law of this Commonwealth governing the payment of wages for labor or services.
“Human trafficking.” Any activity in violation of section 3011 (relating to trafficking in individuals) either alone or in conjunction with an activity in violation of section 3012 (relating to involuntary servitude).
“Involuntary servitude.” Labor servitude or sexual servitude.3
“Labor.” Work or service of economic or financial value.
“Labor servitude.” Labor which is performed or provided by another individual and is induced or obtained by any of the means set forth in section 3012(b) (relating to involuntary servitude).4
“Minor.” An individual who is less than 18 years of age.
“Record.” Information, regardless of physical form or characteristics, that documents a transaction or activity and that is created, received or retained under law or in connection with a transaction, business or activity. The term includes any of the following:
(1) A document, paper, letter, map, book, tape, photograph, film or sound recording.
(2) Information stored or maintained electronically.
(3) A data-processed or image-processed document.
“Serious harm.” Any harm, whether physical or nonphysical that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim of human trafficking to perform or to continue performing labor or a service, a commercial sex act or a performance involving sex acts in order to avoid incurring that harm.
“Service.” Any act committed at the behest of, under the supervision of or for the benefit of another.
“Sex act.” Any touching or exposure of the sexual or other intimate parts of any individual for the purpose of gratifying sexual desire of any individual.
“Sexual servitude.” Any sex act or performance involving a sex act for which anything of value5 is directly or indirectly given, promised to or received by any individual or which is performed or provided by any individual, and is induced or obtained from:
(1) A minor.6
(2) Any other individual by any of the means set forth in section 3012(b)(relating to involuntary servitude).
“Victim of human trafficking” or “victim.” An individual who has been subjected to human trafficking.
PROSECUTION OF HUMAN TRAFFICKING
3011. Trafficking in individuals.
3012. Involuntary servitude.
3013. Patronizing a victim of sexual servitude.
3014. Unlawful conduct regarding documents.
3015. Nonpayment of wages.
3016. Obstruction of justice.
3017. Violation by business entities.
3018. Evidence and defenses to human trafficking.
3019. Victim protection during prosecution.
3021. Asset forfeiture.
3022. Professional licenses.
3023. Cumulative remedies.
3025. Data collection.
<< PA ST 18 Pa.C.S.A. § 3011 >>
§ 3011 Trafficking in individuals
(a) Offense defined.—A person commits a felony of the second degree7 if the person:
(1) recruits, entices, solicits, harbors, transports, provides, obtains8 or maintains9 an individual if the person knows or recklessly disregards that the individual will be subject to involuntary servitude; or
(2) knowingly benefits financially or receives anything of value10 from any act that facilitates any activity described in paragraph (1)11.
(b) Trafficking in minors.—A person commits a felony of the first degree if the person engages in any activity listed in subsection (a) that results in a minor’s being subjected to sexual servitude.12
<< PA ST 18 Pa.C.S.A. § 3012 >>
§ 3012 Involuntary servitude
(a) Offense defined.—A person commits a felony of the first degree13 if the person knowingly, through any of the means described in subsection (b), subjects an individual to labor servitude or sexual servitude, except where the conduct is permissible under Federal or State law other than this chapter 14.
(b) Means of subjecting an individual to involuntary servitude.15—A person may subject an individual to involuntary servitude through any of the following means:
(1) Causing or threatening to cause serious harm to any individual.
(2) Physically restraining or threatening to physically restrain another individual.
(3) Kidnapping or attempting to kidnap any individual.
(4) Abusing or threatening to abuse the legal process.
(5) Taking or retaining the individual’s personal property or real property as a means of coercion.
(6) Engaging in unlawful conduct with respect to documents, as defined in section 3014 (relating to unlawful conduct regarding documents).
(9) Criminal coercion, as defined in section 2906 (relating to criminal coercion).
(10) Duress, through the use of or threat to use unlawful force against the person or another.
(11) Debt coercion.
(12) Facilitating or controlling the individual’s access to a controlled substance.
(13) Using any scheme, plan or pattern intended to cause the individual to believe that, if the individual does not perform the labor, services, acts or performances, that individual or another individual will suffer serious harm or physical restraint.
<< PA ST 18 Pa.C.S.A. § 3013 >>
§ 3013 Patronizing a victim of sexual servitude
(a) Offense defined.—A person commits a felony of the second degree if the person engages in any sex act or performance with another individual knowing that the act or performance is the result of the individual being a victim of human trafficking16.
(b) Investigation.—An individual arrested for a violation of section 5902(e)(relating to prostitution and related offenses) may be formally detained and questioned by law enforcement personnel to determine if the individual engaged in any sex act or performance with the alleged prostitute knowing that the individual is a victim of human trafficking.
(c) Fine.—A person whose violation of this subsection results in a judicial disposition other than acquittal or dismissal shall also pay a fine of $500 to the court, to be distributed to the commission to fund the grant program established under section 3031 (relating to grants).
<< PA ST 18 Pa.C.S.A. § 3014 >>
§ 3014 Unlawful conduct regarding documents
A person commits a felony of the third degree17 if, to prevent or restrict or attempt to prevent or restrict, without lawful authority, the ability of an individual to move or travel, the person knowingly destroys, conceals, removes, confiscates or possesses an actual or purported:
(1) passport or other immigration document of an individual; or
(2) government identification document of an individual.
<< PA ST 18 Pa.C.S.A. § 3015 >>
§ 3015 Nonpayment of wages
(a) Offense defined.—A person who, in connection with, as a part of or in addition to engaging in human trafficking, willfully or with intent to defraud, fails or refuses to pay wages for or otherwise causes financial harm to an individual in connection with labor services rendered commits:
(1) A misdemeanor of the third degree18 if the amount owed to the individual is less than $2,000.
(2) A felony of the third degree, if:
(i) the amount owed to the individual is equal to or greater than $2,000;
(ii) the failure or refusal constitutes a second or subsequent violation of this section; or
(iii) the person falsely denies the amount due or the validity of the debt.
(b) Offenses cumulative.—A person commits a separate offense under this section for each calendar month during which the individual earned wages that the person failed to pay or was otherwise financially harmed 19.
<< PA ST 18 Pa.C.S.A. § 3016 >>
§ 3016 Obstruction of justice
A person who commits a violation of Subchapter B of Chapter 49 (relating to victim and witness intimidation) or Chapter 51 (relating to obstructing governmental operations) that in any way interferes with or prevents the enforcement of this chapter shall be subject to the same penalties that may be imposed for the offense for which the person has been charged under this chapter.
<< PA ST 18 Pa.C.S.A. § 3017 >>
§ 3017 Violation by business entities
(a) Penalty.—Any business entity, including a corporation or unincorporated association, limited liability partnership or company or other legal entity that knowingly aids or participates in any violation of this chapter, shall be subject to any of the following penalties20:
(1) A fine of not more than $1,000,000.
(2) Revocation of the business entity’s:
(i) charter, if it is organized under the laws of this Commonwealth; or
(ii) certificate of authority to do business in this Commonwealth, if the business entity is not organized under the laws of this Commonwealth.
(3) Other relief as the court deems equitable, including forfeiture of assets or restitution as provided in this chapter.
(b) Disposition of fines.—Fines imposed under this section shall be deposited as provided in section 3031 (relating to grants).
<< PA ST 18 Pa.C.S.A. § 3018 >>
§ 3018 Evidence and defenses to human trafficking
(a) General rule.—Evidence of the following facts or conditions shall not constitute a defense in a prosecution for a violation under this chapter, nor shall the evidence preclude a finding of a violation under this chapter:
(1) Specific instances of past sexual conduct of the victim of human trafficking, opinion evidence of the alleged victim’s past sexual conduct and reputation evidence of the alleged victim’s past sexual conduct shall not be admissible in a prosecution under this chapter, except evidence of the alleged victim’s past sexual conduct with the defendant shall be admissible where consent of the alleged victim is at issue and the evidence is otherwise admissible under the rules of evidence. A defendant who proposes to offer evidence of the alleged victim’s past sexual conduct under this paragraph shall file a written motion and offer of proof at the time of trial. If, at the time of trial, the court determines that the motion and offer of proof are sufficient on their faces, the court shall order an in camera hearing and shall make findings on the record as to the relevance and admissibility of the proposed evidence under the standards of this paragraph21.
(2) The age of the victim of human trafficking with respect to the age of consent to sex or legal age of marriage.
(b) Victim’s consent to employment contract in labor servitude.—The consent of the victim of human trafficking to an employment contract, notwithstanding if there was not fraud involved in the contract’s formation, shall not be a defense to labor trafficking if force or coercion as described in section 3012(b)(relating to involuntary servitude) were involved in the making of the contract22.
(c) Victim’s age in sexual servitude.—Except as provided in section 3102 (relating to mistake as to age), evidence of a defendant’s lack of knowledge of a person’s age, or a reasonable mistake of age, is not a defense for a violation of this chapter involving the sexual servitude of a minor23.
<< PA ST 18 Pa.C.S.A. § 3019 >>
§ 3019 Victim protection during prosecution
(a) Disclosure of name of victim of human trafficking.—Notwithstanding any other provision of law to the contrary, unless the court otherwise orders in a prosecution involving a victim of human trafficking, an officer or employee of the court may not disclose the identity of the victim of human trafficking to the public. Any record revealing the name of the victim of human trafficking shall not be open to public inspection24.
(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 resist.
(c) Diversionary program.—An individual who is charged with violating a trespassing, loitering, obstruction of highway, disorderly conduct or simple possession of a controlled substance statute as a direct result of being a victim of human trafficking, where the violation is his first offense, shall be given first consideration for a pretrial diversionary program by the judicial authority with jurisdiction over the violations. If the individual successfully completes the diversionary program, the court shall order that individual’s records of the charge of violating the statute shall be expunged as provided for under section 9122 (relating to expungement)25.
(d) Motion to vacate conviction.26—
(1) An individual convicted under section 3503 (relating to criminal trespass), 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, or an offense for simple possession of a controlled substance 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 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.
(e) Official documentation.—No official determination or documentation is required to grant a motion under this section, but official documentation from a Federal, State or local government agency indicating that the defendant was a victim at the time of the offense creates a presumption that the defendant’s participation in the offense was a direct result of being a victim.
(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 conviction was obtained as a result of the moving party’s having been a victim of human trafficking.
(g) Conviction vacated.—If the motion under subsection (d) is granted, the court shall vacate the conviction, strike the adjudication of guilt and order the expungement of the record of the criminal proceedings. The court shall issue an order to expunge all records and files related to the moving party’s arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings and probation for the offense.
<< PA ST 18 Pa.C.S.A. § 3020 >>
§ 3020 Restitution
In addition to the provisions of section 1106 (relating to restitution for injuries to person or property), the following shall apply:
(1) A person who violates this chapter shall be ineligible to receive restitution.
(2) The following items may be included in an order of restitution:
(i) For the period during which the victim of human trafficking was engaged in involuntary servitude, the greater of the following:
(A) The value of the victim’s time during the period of involuntary servitude as guaranteed under the minimum wage and overtime provisions of the laws of this Commonwealth.
(B) The gross income or value to the defendant of the services of the victim.
(C) The amount the victim was promised or the amount an individual in the position of the victim would have reasonably expected to earn. This clause shall not apply to the amount an individual would have reasonably expected to earn in an illegal activity.
(ii) The return of property of the victim of human trafficking, cost of damage to the property or the replacement value of the property if taken, destroyed or damaged beyond repair as a result of human trafficking.
(3) Collection and distribution of restitution payments shall be governed by the provisions of 42 Pa.C.S. §§ 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties), 9730 (relating to payment of court costs, restitution and fines) and 9730.1 (relating to collection of court costs, restitution and fines by private collection agency).
<< PA ST 18 Pa.C.S.A. § 3021 >>
§ 3021 Asset forfeiture
(a) General rule.—The following shall be subject to forfeiture to this Commonwealth, and no property right shall exist in them27:
(1) All assets, foreign or domestic:
(i) Of an individual, entity or organization engaged in planning or perpetrating an act in this Commonwealth which violates section 3011 (relating to trafficking in individuals) or 3012 (relating to involuntary servitude).
(ii) Affording a person a source of influence over the individual, entity or organization under subparagraph (i).
(iii) Acquired or maintained by a person with the intent and for the purpose of supporting, planning, conducting or concealing an act in this Commonwealth which violates section 3011 or 3012.
(iv) Derived from, involved in or used or intended to be used to commit an act in this Commonwealth which violates section 3011 or 3012.
(2) All assets within this Commonwealth:
(i) Of an individual, entity or organization engaged in planning or perpetrating an act which violates section 3011 or 3012.
(ii) Acquired or maintained with the intent and for the purpose of supporting, planning, conducting or concealing an act which violates section 3011 or 3012.
(iii) Derived from, involved in or used or intended to be used to commit an act which violates section 3011 or 3012.
(b) Process and seizures.—
(1) Property subject to forfeiture under this section may be seized by a law enforcement agency upon process issued by any court of common pleas having jurisdiction over the property.
(2) Seizure without process may be made if:
(i) the seizure is incident to an arrest or a search under a search warrant or inspection under an administrative inspection warrant;
(ii) the property subject to seizure has been the subject of a prior judgment in favor of the Commonwealth in a criminal injunction or forfeiture proceeding under this chapter;
(iii) there is probable cause to believe that the property is dangerous to health or safety; or
(iv) there is probable cause to believe that the property has been used or is intended to be used in violation of this chapter.
(3) In the event that seizure without process occurs as provided for in paragraph (2), proceedings for the issuance of process shall be instituted promptly.
(c) Custody of property.—
(1) Property taken or detained under this section shall not be subject to replevin but is deemed to be in the custody of the law enforcement agency, the district attorney or the Attorney General subject only to the orders and decrees of the court of common pleas having jurisdiction over the forfeiture proceedings.
(2) When property is seized under this section, the law enforcement agency shall place the property under seal and either:
(i) remove the property to a place designated by it; or
(ii) require that the district attorney take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(d) Transfer of property.—If property is forfeited under this section, the property shall be transferred to the custody of the district attorney if the law enforcement authority seizing the property has county or local jurisdiction, or the Attorney General if the law enforcement authority seizing the property has Statewide jurisdiction. The Attorney General or district attorney, where appropriate, may sell the property. The proceeds from a sale shall first be used to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. The balance of the proceeds shall be distributed under subsection (m).
(e) Proceedings and petition.—
(1) The proceedings for the forfeiture or condemnation of property shall be in rem, in which the Commonwealth shall be the plaintiff and the property the defendant.
(2) A petition shall:
(i) be filed in the court of common pleas of the judicial district where the property is located;
(ii) be verified by oath or affirmation of an officer or citizen; and
(iii) contain the following:
(A) A description of the property seized.
(B) A statement of the time and place where seized.
(C) The owner, if known.
(D) The person or persons in possession, if known.
(E) An allegation that the property is subject to forfeiture under this section and an averment of material facts upon which forfeiture action is based.
(F) A prayer for an order of forfeiture that the property be adjudged forfeited to the Commonwealth and condemned unless cause to the contrary is shown.
(1) A copy of the petition required under subsection (e) shall be served personally or by certified mail on the owner or the person or persons in possession at the time of the seizure.
(2) The copy shall have endorsed a notice as follows:
To the claimant of the within described property:
You are required to file an answer to this petition, setting forth your title in and right to possession of the property within 30 days from the service of this notice. You are also notified that, if you fail to file the answer, a decree of forfeiture and condemnation will be entered against the property.
(3) The notice shall be signed by the district attorney, deputy district attorney or assistant district attorney or the Attorney General or a deputy attorney general.
(1) Notice of the petition shall be given by the Commonwealth through an advertisement in only one newspaper of general circulation published in the county where the property shall have been seized, once a week for two successive weeks if:
(i) the owner of the property is unknown;
(ii) there was no person in possession of the property when seized;
(iii) the owner or the person or persons in possession at the time of the seizure cannot be personally served or located within the jurisdiction of the court.
(2) Notwithstanding any other law to the contrary, no advertisement shall be required.
(3) The notice shall:
(i) contain a statement of the seizure of the property, a description of the property and the place and date of seizure; and
(ii) direct any claimants to the property to file a claim on or before a date given in the notice, which date shall not be less than 30 days from the date of the first publication.
(4) If no claims are filed within 30 days of publication, the property shall summarily forfeit to the Commonwealth.
(h) Unknown owner.—For purposes of this section, the owner or other person cannot be found in the jurisdiction of the court if:
(1) A copy of the petition is mailed to the last known address by certified mail and is returned without delivery.
(2) Personal service is attempted once but cannot be made at the last known address.
(3) A copy of the petition is left at the last known address.
(i) Waiver of notice.—The notice provisions of this section are automatically waived if the owner, without good cause, fails to appear in court in response to a subpoena on the underlying criminal charges. If good cause has not been demonstrated and 45 days have passed since the owner failed to appear, the property shall summarily forfeit to the Commonwealth.
(j) Hearing date.—Upon the filing of a claim for the property setting forth a right of possession, the case shall be deemed at issue and a date and time shall be fixed for the hearing.
(k) Burden of proof.—If the Commonwealth produces evidence at the hearing under this section that the property in question was unlawfully used, possessed or otherwise subject to forfeiture under this section, the burden shall be upon the claimant to show by a preponderance of the evidence that:
(1) the claimant is the owner of the property or the holder of a chattel mortgage or contract of conditional sale thereon;
(2) the claimant lawfully acquired the property; and
(3) the property was not unlawfully used or possessed by the claimant. If it appears that the property was unlawfully used or possessed by a person other than the claimant, the claimant shall show that the unlawful use or possession was without his knowledge or consent. The absence of knowledge or consent must be reasonable under the circumstances presented.
(l) Claims of ownership.—
(1) A person may file a petition or answer the Commonwealth’s petition alleging:
(i) Ownership of the property.
(ii) A right of possession to the property.
(iii) A lien or reservation of title to the property as the holder of:
(A) a chattel mortgage upon the property; or
(B) a contract of conditional sale upon the property.
(2) A public hearing shall be held, with due notice given to the district attorney or Attorney General.
(3) The court may order the property returned or delivered to the claimant upon proof by a preponderance of the evidence by the claimant that:
(i) the property was lawfully acquired, possessed and used by the claimant; or
(ii) if it appears that the property was unlawfully used by a person other than the claimant, the unlawful use was without the claimant’s knowledge or consent. The absence of knowledge or consent must be reasonable under the circumstances presented.
(m) Disposition of proceeds.—Subject to subsection (d), all moneys forfeited and the proceeds from the sale of all property forfeited and seized under this section shall be paid as follows:
(1) Any law enforcement agency shall be reimbursed if it has used its own funds in the detection, investigation, apprehension and prosecution of persons for violation of sections 3011 and 3012.
(2) Any amount remaining after reimbursement under paragraph (1) shall be distributed under the following formula:
(i) Thirty percent to the office of the prosecuting attorney to be used to investigate and prosecute human trafficking cases.
(ii) Seventy percent to the commission, one-half of which shall be used to fund the grant programs established under section 3031 (relating to grants) and one-half to be used by the Office of Victims’ Services within the commission to provide services to victims of human trafficking in the manner set forth in Chapter 9 of the act of November 24, 1998 (P.L. 882, No. 111),5 known as the Crime Victims Act.
(n) Assets located outside United States.—Assets of persons convicted of violations of sections 3011 and 3012 that are located outside the United States shall also be subject to forfeiture to the extent they can be retrieved by the Commonwealth.
<< PA ST 18 Pa.C.S.A. § 3022 >>
§ 3022 Professional licenses
(a) Suspension of professional license.—The professional license of a licensee who in the course of a violation of this chapter knowingly employs or permits the employment of a victim of human trafficking shall be suspended for a minimum period of one year.
(b) Administrative procedure.—A suspension under subsection (a) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
(c) Definition.—As used in this section, “licensee” shall mean an individual, corporation, partnership, limited liability company or other legal entity that holds a license issued by an administrative board or commission under the Bureau of Professional and Occupational Affairs in the Department of State.
<< PA ST 18 Pa.C.S.A. § 3023 >>
§ 3023 Cumulative remedies
Any remedies under this chapter shall be in addition to any other criminal penalties or forfeitures authorized under the laws of this Commonwealth.
<< PA ST 18 Pa.C.S.A. § 3024 >>
§ 3024 Sentencing
The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for sentencing enhancements for courts to consider in cases involving trafficking in individuals and involuntary servitude.
<< PA ST 18 Pa.C.S.A. § 3025 >>
§ 3025 Data collection
The Pennsylvania Commission on Sentencing established in 42 Pa.C.S. § 2151.2 (relating to commission) shall collect data and other relevant information on sentences imposed under this subchapter.
PREVENTION OF HUMAN TRAFFICKING
<< PA ST 18 Pa.C.S.A. § 3031 >>
§ 3031 Grants
Subject to the availability of funds, the commission shall make grants to State agencies, units of local government and nongovernmental organizations to:
(1) Develop, expand or strengthen programs for victims of human trafficking. Such programs may include:
(i) Health services, including mental health services.
(ii) Temporary and permanent housing placement.
(iii) Legal and immigration services.
(iv) Employment placement, education and training.
(2) Ensure prevention of human trafficking, including increasing public awareness.
(3) Ensure protection of victims of human trafficking, including training of first responders.
<< PA ST 18 Pa.C.S.A. § 3032 >>
§ 3032 (Reserved)
PROTECTION OF VICTIMS OF HUMAN TRAFFICKING
3051. Civil causes of action.
3052. Protection of victims.
3053. Appropriate implementation for minor victims of human trafficking.
3055. Victims in shelters.
<< PA ST 18 Pa.C.S.A. § 3051 >>
§ 3051 Civil causes of action28
(a) General rule.—
(1) An individual who is a victim of human trafficking may bring a civil action against any person that participated in the human trafficking of the individual in the court of common pleas of the county where the individual resides or where any of the alleged violations of this chapter occurred.
(2) An individual who is a victim of the sex trade may bring a civil action in the court of common pleas of the county where the individual resides against a person that:
(i) recruits, profits from or maintains the victim in any sex trade act;
(ii) abuses or causes bodily harm to the victim in any sex trade act; and
(iii) knowingly advertises or publishes advertisements for purposes of recruitment into sex trade activity.
(b) Exception.—This section shall not be construed to create liability for any person who provides goods or services to the general public and to a person who would be liable under subsection (a)(2), absent a showing that the person:
(1) knowingly markets or provides its goods or services to a person liable under subsection (a)(2);
(2) knowingly receives a higher level of compensation from a person liable under subsection (a)(2); or
(3) supervises or exercises control over a person liable under subsection (a)(2).
(c) Damages.—The court may award any of the following forms of relief:
(1) Actual damages.
(2) Compensatory damages.
(3) Punitive damages.
(4) Injunctive relief.
(5) Any other appropriate relief.
(d) Attorney fees and costs.—A prevailing plaintiff who is a victim of human trafficking shall be awarded reasonable attorney fees and costs.
(e) Treble damages.29—Treble damages shall be awarded to a victim of human trafficking on proof of actual damages where the defendant’s acts were willful and malicious.
(f) Joinder of actions.—In the discretion of the court:
(1) Two or more individuals may join in one action under this section as plaintiffs if their respective actions involve at least one defendant in common.
(2) Two or more persons may be joined in one action under this section as defendants if those persons may be liable to at least one plaintiff in common.
(g) Attempts at avoidance of liability.—No person may avoid liability under this section by:
(1) a conveyance of any right, title or interest in real property; or
(2) an agreement, including an indemnification agreement or hold harmless agreement, that purports to show the consent of the victim of human trafficking.
(h) Statute of limitations.—
(1) An action may be brought under this section by an individual who was the victim of human trafficking while an adult within five years of the last act against that individual that constitutes an offense under this chapter30.
(2) An action may be brought under this section by an individual who was a victim of human trafficking while a minor for any offense committed against the victim while the victim was under 18 years of age until that victim reaches 30 years of age31.
(i) Estoppel.32—A defendant is estopped from asserting a defense of the statute of limitations when the expiration of the statute is due to intentional conduct by the defendant knowingly inducing or coercing the plaintiff to delay the filing of the action.
(j) Nondefenses.—It shall not be a defense to an action under this section that the following occurred33:
(1) The victim of the sex trade and the defendant had a consensual sexual relationship.
(2) The defendant is related to the victim of the sex trade by blood or marriage.
(3) The defendant has lived with the victim of the sex trade in any formal or informal household arrangement.
(4) The victim of the sex trade was paid or otherwise compensated for sex trade activity.
(5) The victim of the sex trade engaged in sex trade activity prior to any involvement with the defendant.
(6) The victim of the sex trade continued to engage in sex trade activity following any involvement with the defendant.
(7) The victim of the sex trade made no attempt to escape, flee or otherwise terminate the contact with the defendant.
(8) The victim of the sex trade consented to engage in sex trade activity.
(9) The victim of the sex trade engaged in only a single incident of sex trade activity.
(10) There was no physical contact involved in the sex trade activity.
(11) As a condition of employment, the defendant required the victim of the sex trade to agree not to engage in prostitution.
(12) The defendant’s place of business was posted with signs prohibiting prostitution or prostitution-related activities.
(13) The victim of the sex trade has been convicted or charged with prostitution or prostitution-related offenses.
(14) The victim of labor trafficking made no attempt to escape, flee or otherwise terminate the contact with the defendant.
(k) Definitions.—The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“Sex trade.” An act, which if proven beyond a reasonable doubt, could support a conviction for violation or attempted violation of chapter 59 (relating to public indecency) or section 6312 (relating to sexual abuse of children).
“Victim of the sex trade.” An individual who has:
(1) been the object of a solicitation for prostitution;
(2) been the object of a transaction in a sex act;
(3) been intended or compelled to engage in an act of prostitution;
(4) been intended or compelled to engage in a sex act;
(5) been described or depicted in material that advertises an intent or compulsion to engage in sex acts; or
(6) in the case of obscenity or child pornography, has appeared in or been described or depicted in the offending conduct or material.
<< PA ST 18 Pa.C.S.A. § 3052 >>
§ 3052 Protection of victims
Law enforcement agencies shall take reasonable steps necessary to identify, protect and assist victims of human trafficking.
<< PA ST 18 Pa.C.S.A. § 3053 >>
§ 3053 Appropriate implementation for minor victims of human trafficking
The provision of services to a minor victim of human trafficking by the Commonwealth or by any institution or person established or licensed by the Commonwealth shall be carried out in a manner that is in the best interest of the minor and appropriate to the particular situation.
<< PA ST 18 Pa.C.S.A. § 3054 >>
§ 3054 Services
(a) Information for victims.—Subject to the availability of funding, the commission shall prepare a model informational form to be used by any person having contact with victims of human trafficking that informs victims of human trafficking, in a language they can understand, of the following:
(1) The procedure for repatriation to the country of citizenship or lawful residence of the victim of human trafficking.
(2) A directory of local service organizations for victims of human trafficking.
(3) A directory of legal services organizations that can assist victims of human trafficking in obtaining or maintaining legal immigration status.
(4) A directory of benefits for victims of human trafficking under Federal and State laws.
(b) Labor standards and working conditions.—The Department of Labor and Industry shall:
(1) Administer labor standards regarding wages, hours of work and working conditions under its jurisdiction without regard to the legal status of the individual’s right to work in the United States.
(2) Report to the appropriate law enforcement agency any evidence of human trafficking that may be discovered during the course of an investigation of wages, hours of work and working conditions.
(c) Immigration certification.—
(1) The Attorney General, a district attorney or any representative of a law enforcement agency may certify in writing to the United States Department of Justice or other Federal agency, including the United States Department of Homeland Security, that:
(i) an investigation or prosecution under this chapter has begun; and
(ii) an individual who may be a victim of human trafficking is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under Federal law, to qualify for an appropriate special immigrant visa and to access available Federal benefits.
(2) Cooperation with law enforcement agencies shall not be required of a victim of human trafficking who is a minor.
(3) Certification under this subsection may be made available to the victim of human trafficking and the designated legal representative of the victim of human trafficking.
(d) Access to crime victims services.—Victims of human trafficking shall be eligible for benefits and compensation under the act of November 24, 1998 (P.L. 882, No. 111), known as the Crime Victims Act.
<< PA ST 18 Pa.C.S.A. § 3055 >>
§ 3055 Victims in shelters
(a) Voluntary placement.—Residence of a victim of human trafficking in a shelter or other facility shall be voluntary, and a victim of human trafficking may decline to stay in a shelter or other facility.
(b) Restrictions on admission.—Admission to a shelter:
(1) shall be made without regard to race, religion, ethnic background, sexual orientation, country of origin or culture; and
(2) may not be conditioned on whether the victim of human trafficking is cooperating with a law enforcement agency in its attempts to prosecute persons under this chapter.
<< PA ST 18 Pa.C.S.A. § 3071 >>
§ 3071 Funding
In addition to any money that may be appropriated from time to time by the General Assembly for its work, the commission may apply for and expend Federal grants and grants and contributions from other public, quasi-public or private sources to assist in implementing this chapter.
<< PA ST 18 Pa.C.S.A. § 3072 >>
§ 3072 Nonexclusivity
Remedies under this chapter are not exclusive and shall be in addition to other procedures or remedies for a violation or conduct provided for in other law.