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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SHAPIRO, VEREB, BAKER, BELFANTI, BOYD, BRADFORD, BRENNAN, CARROLL, CHRISTIANA, CLYMER, CUTLER, DePASQUALE, FLECK, GERBER, GOODMAN, GROVE, HARHART, HARPER, HARRIS, HICKERNELL, HOUGHTON, KORTZ, KULA, MANN, MICOZZIE, MILLARD, M. O'BRIEN, O'NEILL, PASHINSKI, PYLE, READSHAW, ROCK, SIPTROTH, K. SMITH, M. SMITH, SWANGER, TRUE, VULAKOVICH, WAGNER AND WATSON, JUNE 14, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2010 |
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| AN ACT |
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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(b) of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended and the section is amended by |
8 | adding subsections to read: |
9 | § 3124.2. Institutional sexual assault. |
10 | * * * |
11 | (a.1) Schools.--Except as provided in sections 3121, 3122.1, |
12 | 3123, 3124.1 and 3125, a person who is an employee of a public |
13 | or private school, intermediate unit or area vocational- |
14 | technical school, including, but not limited to, a teacher, |
15 | substitute teacher, janitor, cafeteria worker, counselor, |
16 | volunteer, coach, trainer or independent contractor, commits a |
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1 | felony of the third degree when he engages in sexual |
2 | intercourse, deviate sexual intercourse or indecent contact with |
3 | a student of the school who is younger than 18 years of age at |
4 | the time of the sexual intercourse, deviate sexual intercourse |
5 | or indecent contact. A conviction under this subsection shall |
6 | also constitute a bar to employment under section 111 of the act |
7 | of March 10, 1949 (P.L.30, No.14), known as the Public School |
8 | Code of 1949. |
9 | (a.2) Child-care.--Except as provided for in sections 3121, |
10 | 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an |
11 | employee of child-care services, as defined in 23 Pa.C.S. § 6303 |
12 | (relating to definitions), commits a felony of the third degree |
13 | when he engages in sexual intercourse, deviate sexual |
14 | intercourse or indecent contact with a child receiving child- |
15 | care services under his supervision who is younger than 18 years |
16 | of age at the time of the sexual intercourse, deviate sexual |
17 | intercourse or indecent contact. |
18 | (b) [Definition.--As used in this section, the term "agent" |
19 | means a person who is assigned to work in a State or county |
20 | correctional or juvenile detention facility, a youth development |
21 | center, youth forestry camp, other licensed residential facility |
22 | serving children and youth, or mental health or mental |
23 | retardation facility or institution who is employed by any State |
24 | or county agency or any person employed by an entity providing |
25 | contract services to the agency.] Definitions.--As used in this |
26 | section, the following words and phrases shall have the meanings |
27 | given to them in this subsection unless the context clearly |
28 | indicates otherwise: |
29 | "Agent." A person who is assigned to work in a State or |
30 | county correctional or juvenile detention facility, a youth |
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1 | development center, youth forestry camp, other licensed |
2 | residential facility serving children and youth or mental health |
3 | or mental retardation facility or institution, who is employed |
4 | by any State or county agency or any person employed by an |
5 | entity providing contract services to the agency. |
6 | "Independent contractor." A person who has a contract with a |
7 | public or private school, intermediate unit or area vocational- |
8 | technical school for the purpose of performing a service for the |
9 | public or private school, intermediate unit or area vocational- |
10 | technical school. |
11 | Section 2. This act shall take effect in 60 days. |
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