HB 753 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for victim protection during prosecution.

PRINTER'S NO.   777

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 753
                                               Session of
                                                 2025

     INTRODUCED BY SHUSTERMAN, WEBSTER, KHAN, GIRAL, HILL-EVANS,
        SCHLOSSBERG, HADDOCK, PROBST, SANCHEZ, MALAGARI, KENYATTA,
        DONAHUE, HOWARD, STEELE, HOHENSTEIN, DALEY, GREEN, CEPEDA-
        FREYTIZ AND CURRY, MARCH 3, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2025


                                    AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in human trafficking, further
 3      providing for victim protection during prosecution.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Section 3019(b), (d) and (f) of Title 18 of the
 7   Pennsylvania Consolidated Statutes are amended to read:
 8   § 3019.    Victim protection during prosecution.
 9      * * *
10      (b)    Affirmative defense.--[An individual who is charged with
11   any violation under section 5902 (relating to prostitution and
12   related offenses) may offer the defense at trial that he engaged
13   in the conduct charged because he was compelled to do so by
14   coercion or the use of or a threat to use unlawful force against
15   his person or the person of another, which a person of
16   reasonable firmness in his situation would have been unable to
17   resist.] A victim of human trafficking has an affirmative
 1   defense for an offense committed as a direct result of the human
 2   trafficking without regard to whether any person was prosecuted
 3   or convicted for the human trafficking violation.
 4      * * *
 5      (d)   Motion to vacate conviction.--
 6            (1)   An individual convicted under section 3503 (relating
 7      to criminal trespass), 3922 (relating to theft by deception),
 8      3929 (relating to retail theft), 4105 (relating to bad
 9      checks), 5503 (relating to disorderly conduct), 5506
10      (relating to loitering and prowling at night time), 5507
11      (relating to obstructing highways and other public passages)
12      or 5902 (relating to prostitution and related offenses) or an
13      offense for simple possession of a controlled substance or an
14      order of contempt under 42 Pa.C.S. § 4132 (relating to
15      attachment and summary punishment for contempts) resulting
16      from any of the above committed as a direct result of being a
17      victim of human trafficking may file a motion to vacate the
18      conviction.
19            (2)   In order to be considered, a motion under this
20      subsection must:
21                  (i)    Be in writing.
22                  (ii)    [Be consented to by] Provide proof of notice to
23            the attorney for the Commonwealth.
24                  (iii)    Describe the supporting evidence with
25            particularity.
26                  (iv)    Include copies of any documents showing that
27            the moving party is entitled to relief under this
28            section.
29      * * *
30      (f)   Grant of motion.--The court shall grant the motion if it

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1   finds that:
2          (1)    The moving party was convicted of an offense
3      described in subsection (d)(1).
4          (2)    The moving party demonstrates by a preponderance of
5      the evidence that the conviction was obtained as a result of
6      the moving party's having been a victim of human trafficking.
7      * * *
8      Section 2.   This act shall take effect in 60 days.




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