HB 632 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in public indecency, further providing for the offense of prostitution and related offenses.

PRINTER'S NO.   642

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 632
                                                  Session of
                                                    2025

     INTRODUCED BY WAXMAN, SANCHEZ, HILL-EVANS, HOHENSTEIN, FIEDLER,
        ISAACSON, OTTEN AND GREEN, FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 20, 2025


                                       AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in public indecency, further providing
 3      for the offense of prostitution and related offenses.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Section 5902(a.1)(4), (c) and (e.1)(4) of Title
 7   18 of the Pennsylvania Consolidated Statutes are amended and the
 8   section is amended by adding a subsection to read:
 9   § 5902.    Prostitution and related offenses.
10      * * *
11      (a.1)    Grading of offenses under subsection (a).--An offense
12   under subsection (a) constitutes a:
13             * * *
14             [(4)    Felony of the third degree if the person who
15      committed the offense knew that he or she was human
16      immunodeficiency virus (HIV) positive or manifesting acquired
17      immune deficiency syndrome (AIDS).]
18      * * *
 1      (c)   Grading of offenses under subsection (b).--
 2            (1)    An offense under subsection (b) constitutes a felony
 3      of the third degree if:
 4                   (i)    the offense falls within paragraphs (b)(1), (b)
 5            (2) or (b)(3);
 6                   (ii)    the actor compels another to engage in or
 7            promote prostitution; or
 8                   (iv)    the actor promotes prostitution of his spouse,
 9            child, ward or any person for whose care, protection or
10            support he is responsible.[; or
11                   (v)    the person knowingly promoted prostitution of
12            another who was HIV positive or infected with the AIDS
13            virus.]
14            (2)    Otherwise the offense is a misdemeanor of the second
15      degree.
16      * * *
17      (e.1)   Grading of offenses under subsection (e).--An offense
18   under subsection (e) constitutes a:
19            * * *
20            [(4)    Felony of the third degree if the person who
21      committed the offense knew that he or she was human
22      immunodeficiency virus (HIV) positive or manifesting acquired
23      immune deficiency syndrome (AIDS).]
24      * * *
25      (e.3)   Resentencing.--
26            (1)    Upon a petition to the court of common pleas that
27      originally entered an order of sentence, a person convicted
28      and sentenced under the former subsection (a.1)(4), (c)(1)(v)
29      or (e.1)(4) and to which the following apply may be
30      resentenced to a misdemeanor grade as provided under

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 1    subsection (a.1), (c) or (e.1) based on the established facts
 2    as determined by the court at the time of conviction:
 3              (i)    The person has completed the sentence and any
 4        ordered supervision.
 5              (ii)    The person is not currently serving a sentence
 6        or under supervision on any other matter.
 7        (2)   Upon a petition to the court of common pleas that
 8    originally entered an order of sentence, a person convicted
 9    and sentenced under the former subsection (a.1)(4), (c)(1)(v)
10    or (e.1)(4) who is currently serving the imposed sentence or
11    under supervision as part of the imposed sentence shall be
12    resentenced to a misdemeanor grade as provided under
13    subsection (a.1), (c) or (e.1) based on the established facts
14    as determined by the court at the time of conviction.
15        (3)   Any modification of sentence under paragraph (1) or
16    (2) shall not exceed the original sentence imposed by the
17    court.
18    * * *
19    Section 2.      This act shall take effect in 60 days.




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