An Act amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for definitions, for victim protection during prosecution and for safe harbor for sexually exploited children; in sex trafficking and missing and abducted children, further providing for county responsibilities; in juvenile matters, further providing for dependency in lieu of delinquency; and making an editorial change.

PRINTER'S NO. 88
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 143
Session of
2025
INTRODUCED BY LAUGHLIN, DUSH, ROBINSON, FONTANA, STEFANO,
PENNYCUICK, J. WARD AND COSTA, JANUARY 22, 2025
REFERRED TO JUDICIARY, JANUARY 22, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in human trafficking,
further providing for definitions, for victim protection
during prosecution and for safe harbor for sexually exploited
children; in sex trafficking and missing and abducted
children, further providing for county responsibilities; in
juvenile matters, further providing for dependency in lieu of
delinquency; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "sexually exploited child" in
section 3001 of Title 18 of the Pennsylvania Consolidated
Statutes is amended to read:
§ 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:
* * *
"Sexually exploited child." An individual under 18 years of
age who:
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(1) is a victim of sexual servitude; [or]
(2) is a victim of [an offense under 18 U.S.C. § 1591
(relating to sex trafficking of children or by force, fraud,
or coercion).] human trafficking; or
(3) is determined to have engaged or attempted to engage
in prostitution as described under section 5902(a) (relating
to prostitution and related offenses).
* * *
Section 2. Section 3019(a) of Title 18 is amended to read:
§ 3019. Victim protection during prosecution.
(a) Disclosure of name [of victim of human trafficking]
prohibited.--Notwithstanding any other provision of law to the
contrary, unless the court otherwise orders in a prosecution
involving a victim of human trafficking or a sexually exploited
child, an officer or employee of the court may not disclose the
identity of the victim of human trafficking or the sexually
exploited child to the public. Any record revealing the name of
the victim of human trafficking or the sexually exploited child
shall not be open to public inspection.
* * *
Section 3. Section 3065(a), (b) and (c) of Title 18 are
amended and the section is amended by adding subsections to
read:
§ 3065. Safe harbor for sexually exploited children.
[(a) Safe harbor.--If it is determined by a law enforcement
officer, after reasonable detention for investigative purposes,
that an individual is under 18 years of age and is determined to
be a sexually exploited child as defined in section 3001
(relating to definitions), the individual shall be immune from:
(1) Prosecution or adjudication as a delinquent child
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for a violation of sections 5507 (relating to obstructing
highways and other public passages) and 5902(a) (relating to
prostitution and related offenses).
(2) Revocation of an existing term of probation or
parole arising from a conviction or adjudication for another
offense if the revocation is based on conduct under paragraph
(1).]
(a.1) Contact and assessment.--
(1) After reasonable detention for investigative
purposes, if a law enforcement officer suspects that a child
may be a sexually exploited child as defined under section
3001 (relating to definitions), the law enforcement officer
shall immediately notify a county agency.
(2) After receipt of a notification from a law
enforcement officer of a suspected sexually exploited child
under this subsection, the county agency or an entity
contracted by the county agency to conduct child abuse and
neglect determinations shall immediately contact the child
and, in coordination with law enforcement, conduct an
assessment to determine whether:
(i) the child is a sexually exploited child; and
(ii) the child's actions were a direct result of the
child being a sexually exploited child.
(3) An assessment conducted under paragraph (2) may be
conducted using a screening tool that ascertains:
(i) The child's current conditions and the child's
history of sex or labor trafficking.
(ii) Any past reports of sex or labor trafficking
involving the child.
(iii) Any current or past reports of sexual abuse
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involving the child.
(iv) Any current or past incidents of inappropriate
sexual behaviors involving the child.
(v) Whether the child is known to associate with
confirmed or suspected sexually exploited children.
(a.2) Safe harbor response following assessment.--If, after
an assessment conducted under subsection (a.1), it is determined
by a law enforcement officer in consultation with a county
agency or an entity contracted by the county agency that the
child is a sexually exploited child and, if the child was
suspected of committing an offense, the child's actions were the
direct result of the child being a sexually exploited child or
the child was suspected of engaging in prostitution, the child
shall be immune from:
(1) Arrest, charges and prosecution or adjudication as a
delinquent child for a violation of an offense that was
committed as a direct result of the child being a sexually
exploited child.
(2) Revocation of an existing term of probation or
parole arising from a conviction or adjudication for another
offense if the revocation is based on conduct under paragraph
(1).
(b) Exceptions to safe harbor.--The safe harbor under
subsection [(a)] (a.2) shall not:
(1) Interfere with or prevent an investigation, arrest,
charge, prosecution, delinquency adjudication or revocation
for violations other than a violation under subsection [(a)]
(a.2).
(2) Bar the admission of evidence in connection with the
investigation and prosecution for a violation other than a
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violation under subsection [(a)] (a.2).
(3) Bar the admission of evidence in connection with an
investigation and prosecution of an individual who does not
qualify for safe harbor as provided under this section.
(c) Detainment.--[An individual] A child determined to be a
sexually exploited child as defined in section 3001 [(relating
to definitions)] shall be detained no longer than necessary [and
only to] to assess the child and assist the child in securing
specialized services available under section 3062 (relating to
specialized services for sexually exploited children) or to
refer the child to a county agency [if required] under 42
Pa.C.S. § 6328 (relating to dependency in lieu of delinquency).
* * *
(e) Determination during proceedings.--At any time after a
petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating
to juvenile matters) has been filed alleging that the child has
committed an offense, the court, on its own motion, on the
motion of the child's counsel or the district attorney, shall:
(1) Stay all proceedings until the determination under
paragraph (3) is made.
(2) Schedule a hearing within 15 days of the motion
being filed or, on good cause shown, longer.
(3) Determine, by evidence presented on the record and
by a preponderance of the evidence, if:
(i) the child is a sexually exploited child; and
(ii) the alleged acts in the petition were committed
as a direct result of the child being a sexually
exploited child. The action of engaging or attempting to
engage in prostitution shall be deemed the direct result
of the child being a sexually exploited child.
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(4) If the court finds that the child meets the criteria
in paragraph (3):
(i) dismiss the petition;
(ii) order the child discharged from any detention
or other restriction ordered in the proceeding; and
(iii) refer the child to a county agency under 23
Pa.C.S. §§ 6362 (relating to responsibilities of county
agency for child protective services) and 6375 (relating
to county agency requirements for general protective
services) for specialized services under section 3062.
Section 4. Section 5702 heading and subsection (c) of Title
23 are amended and the section is amended by adding a subsection
to read:
§ 5702. County and department responsibilities.
* * *
(c) Report to department.--[The county agency shall report
annually to the department the total number of children who are
sex trafficking victims. The report shall be submitted in the
form and by the deadline prescribed by the department.] A county
agency shall report annually to the department the following
information in the form and by the deadline prescribed by the
department:
(1) The total number of children who are sex trafficking
victims.
(2) The total number of children who have been reported
missing under subsection (b) and whether or not the child has
been subsequently located.
(3) The total number of children who have been
identified, screened and assessed as possible sex trafficking
victims by the county agency.
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(d) Department responsibilities.--The department shall
report annually the information received from a county agency
under subsection (c) to the following:
(1) The chairperson and minority chairperson of the
Aging and Youth Committee of the Senate.
(2) The chairperson and minority chairperson of the
Children and Youth Committee of the House of Representatives.
(3) The chairperson and minority chairperson of the
Judiciary Committee of the Senate.
(4) The chairperson and minority chairperson of the
Judiciary Committee of the House of Representatives.
Section 5. Section 5703 of Title 23 is amended to read:
§ 5703. Law enforcement responsibilities.
When law enforcement receives information from a county
agency about a child who is missing from the child's residence
or is abducted under section 5702(b) (relating to county and
department responsibilities), law enforcement shall enter the
information into the National Crime Information Center database.
Section 6. Section 6328 of Title 42 is amended to read:
§ 6328. Dependency in lieu of delinquency.
(a) Referral to county agency.--[The offenses provided under
subsection (b)] Any offense determined by a law enforcement
officer under 18 Pa.C.S. § 3065(a.2) (relating to safe harbor
for sexually exploited children) or the court under 18 Pa.C.S. §
3065(e) to be committed by a child as a direct result of being a
sexually exploited child as defined under 18 Pa.C.S. § 3001
(relating to definitions) shall be referred to a county agency
under 23 Pa.C.S. §§ 6362 (relating to responsibilities of county
agency for child protective services) and 6375 (relating to
county agency requirements for general protective services) [if
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the offense:
(1) Is committed by a child as a direct result of being
a sexually exploited child as defined in 18 Pa.C.S. § 3001
(relating to definitions).
(2) Is directly related to having been subject to human
trafficking as defined in 18 Pa.C.S. § 3001.] for specialized
services under 18 Pa.C.S. § 3062 (relating to specialized
services for sexually exploited children).
[(b) Eligible offenses.--Eligible offenses for referral to a
county agency include the following:
(1) 18 Pa.C.S. § 3503 (relating to criminal trespass).
(2) 18 Pa.C.S. § 4914 (relating to false identification
to law enforcement authorities).
(3) 18 Pa.C.S. § 5503 (relating to disorderly conduct).
(4) 18 Pa.C.S. § 5506 (relating to loitering and
prowling at night time).
(5) An offense for simple possession of a controlled
substance under section 13(a)(16) and (31) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.]
(c) Delinquency proceedings.--
[(1)] If an offense [listed in subsection (b)] is
referred to a county agency under subsection (a), delinquency
proceedings under this chapter may not be commenced
[immediately].
[(2) If treatment and social services are unsuccessful
while the dependency petition is pending, as evidenced by the
child's behavior, and the county agency believes that
juvenile justice services are necessary and warranted, the
county agency shall refer the child's case to the juvenile
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probation department or district attorney's office for the
commencement of delinquency proceedings.]
(d) Record expungement.--Upon the final discharge of
supervision, juvenile court records relating to an offense
[listed in subsection (b)] referred to a county agency under
subsection (a) shall be expunged by the court under 18 Pa.C.S. §
9123 (relating to juvenile records).
Section 7. This act shall take effect in 60 days.
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