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Pennsylvania LEGISLATION
Act 45 – HB1147
SYNOPSIS: AMENDING TITLE 42, IN SENTENCING, EXPANDING THE LIST OF OFFENSES THAT REQUIRE STATE INMATES TO PARTICIPATE IN DEPARTMENT OF CORRECTIONS COUNSELING OR THERAPY FOR SEX OFFENDERS TO INCLUDE THOSE CONVICTED OF HUMAN TRAFFICKING INVOLVING SEXUAL SERVITUDE OR OTHER CRIMINAL OFFENSES INVOLVING SEXUAL ABUSE OF A MINOR.
HB 1147
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for sexual offender treatment.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 9718.1(a) of Title 42 of the Pennsylvania Consolidated Statutes is amended to read:
§ 9718.1. Sexual offender treatment.
(a) General rule.--A person, including an offender designated as a "sexually violent predator" as defined in section 9799.12 (relating to definitions) or 9799.53 (relating to definitions), shall attend and participate in a Department of Corrections program of counseling or therapy designed for incarcerated sex offenders if the person is incarcerated in a State institution for any of the following provisions under 18 Pa.C.S. (relating to crimes and offenses):
(1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses) if the offense involved a minor under 18 years of age.
(1.1) Any of the offenses enumerated under Chapter 30 (relating to human trafficking) if the victim is a minor under 18 years of age and the offense
involved sexual servitude.
(2) Section [4304] 4304(a)(1) (relating to endangering welfare of children) if the offense involved sexual contact with the victim.
(3) Section [6301] 6301(a)(1)(i) (relating to corruption of minors) if the offense involved sexual contact with the victim.
(3.1) Section 6301(a)(1)(ii).
(4) Open lewdness, as defined in section 5901 (relating to open lewdness), if the offense involved a minor under 18 years of age.
(5) Prostitution, as defined in section [5902] 5902(b.1) (relating to prostitution and related offenses)[, if the offense involved a minor under 18 years of age].
(6) Obscene and other sexual materials and performances, as defined in section 5903 (relating to obscene and other sexual materials and performances), if the offense involved a minor under 18 years of age.
(7) Sexual abuse of children, as defined in section 6312 (relating to sexual abuse of children).
(8) Section 6318 (relating to unlawful contact with minor).
(9) Section 6320 (relating to sexual exploitation of children).
(10) [Section 4302 (relating to incest) if the offense involved a minor under 18 years of age] Section 4302(b) (relating to incest).
(11) An attempt [or], solicitation or conspiracy to commit any of the offenses listed in this subsection.
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Section 2. This act shall take effect in 60 days.
APPROVED--The 30th day of June, A.D. 2021.