Pennsylvania Act 2000-98 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND
                  Act of Dec. 20, 2000, P.L. 721, No. 98              Cl. 18
                             Session of 2000
                               No. 2000-98

     HB 47

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, further providing for unlawful restraint, for false
        imprisonment and for obscenity; and providing for sex
        offender treatment.
        It is the intent of the General Assembly to protect our most
     vulnerable and precious citizens, the Commonwealth's children,
     from the ravages of sexual abuse. Because sexual crimes
     committed against children are among the most heinous
     imaginable, the General Assembly declares it to be in the public
     interest to enact this act.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 2902, 2903 and 5903(h)(2) of Title 18 of
     the Pennsylvania Consolidated Statutes are amended to read:
      § 2902.  Unlawful restraint.
        (a)  Offense defined.--A person commits [a misdemeanor of the
     first degree] an offense if he knowingly:
            (1)  restrains another unlawfully in circumstances
        exposing him to risk of serious bodily injury; or
            (2)  holds another in a condition of involuntary
        servitude.
        (b)  Grading.--
            (1)  Except as provided in paragraph (2), an offense
        under subsection (a) is a misdemeanor of the first degree.
            (2)  If the victim of the offense is an individual under
        18 years of age, an offense under subsection (a) is a felony
        of the second degree.
      § 2903.  False imprisonment.
        (a)  Offense defined.--A person commits [a misdemeanor of the
     second degree] an offense if he knowingly restrains another
     unlawfully so as to interfere substantially with his liberty.
        (b)  Grading.--
            (1)  Except as provided in paragraph (2), an offense
        under subsection (a) is a misdemeanor of the second degree.
            (2)  If the victim of the offense is an individual under
        18 years of age, an offense under subsection (a) is a felony
        of the second degree.
      § 5903.  Obscene and other sexual materials and performances.
        * * *
        (h)  Criminal prosecution.--
            * * *
            (2)  Any person who violates subsection (c) or (d) is
        guilty of a [misdemeanor] felony of the [first] third degree.
        Violation of subsection (c) or (d) is a felony of the [third]
        second degree if the offender has previously been convicted
        of a violation of subsection (c) or (d).
            * * *
        Section 2.  Title 42 is amended by adding a section 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 9792 (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.
            (2)  Section 4304 (relating to endangering welfare of
        children) if the offense involved sexual contact with the
        victim.
            (3)  Section 6301 (relating to corruption of minors) if
        the offense involved sexual contact with the victim.
            (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 (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 or
        communication 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.
            (11)  An attempt or solicitation to commit any of the
        offenses listed in this subsection.
        (b)  Eligibility for parole.--For an offender required to
     participate in the program under subsection (a), all of the
     following apply:
            (1)  The offender shall not be eligible for parole unless
        the offender has:
                (i)  served the minimum term of imprisonment;
                (ii)  participated in the program under subsection
            (a); and
                (iii)  agreed to comply with any special conditions
            of parole imposed for therapy or counseling for sex
            offenders, including sexually violent predators.
            (2)  Notwithstanding paragraph (1)(iii), an offender who
        is a sexually violent predator is subject to section 9799.4
        (relating to counseling of sexually violent predators).
        (c)  Department.--The department shall develop and provide
     the program of counseling or therapy for offenders as provided
     in subsection (a). The department shall have the sole discretion
     with respect to counseling or therapy program contents and
     administration, including the scheduling of an offender's
     attendance and participation.
        (d)  No right of action created.--Notwithstanding any other
     provision of law to the contrary, this section shall not be
     construed to confer any legal right upon any individual,
     including an individual required to participate in the
     department's programs of counseling or therapy for incarcerated
     offenders, seeking to:
            (1)  participate and attend the program provided in
        subsection (a) at a time of the individual's own choosing;
            (2)  modify the contents of the program provided in
        subsection (a);
            (3)  be paroled; or
            (4)  file any other cause of action in any court
        regarding the program provided in subsection (a).
        Section 3.  This act shall apply as follows:
            (1)  The amendment of 18 Pa.C.S. §§ 2902, 2903 and
        5903(h)(2) and the addition of 42 Pa.C.S. § 9718.1 shall
        apply to offenses committed on or after the effective date of
        this act.
            (2)  The addition of 42 Pa.C.S. § 9718.1 shall not
        preclude consideration of the factors set forth in that
        section in granting or denying parole for offenses committed
        before the effective date of this act, except to the extent
        that consideration of such factors is precluded by the
        Constitution of the United States or the Constitution of the
        Commonwealth of Pennsylvania.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE