SB 143 — 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
 1   Amending Titles 18 (Crimes and Offenses), 23 (Domestic
 2      Relations) and 42 (Judiciary and Judicial Procedure) of the
 3      Pennsylvania Consolidated Statutes, in human trafficking,
 4      further providing for definitions, for victim protection
 5      during prosecution and for safe harbor for sexually exploited
 6      children; in sex trafficking and missing and abducted
 7      children, further providing for county responsibilities; in
 8      juvenile matters, further providing for dependency in lieu of
 9      delinquency; and making an editorial change.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    The definition of "sexually exploited child" in
13   section 3001 of Title 18 of the Pennsylvania Consolidated
14   Statutes is amended to read:
15   § 3001.    Definitions.
16      The following words and phrases when used in this chapter
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      * * *
20      "Sexually exploited child."   An individual under 18 years of
21   age who:
 1             (1)   is a victim of sexual servitude; [or]
 2             (2)   is a victim of [an offense under 18 U.S.C. § 1591
 3      (relating to sex trafficking of children or by force, fraud,
 4      or coercion).] human trafficking; or
 5             (3)   is determined to have engaged or attempted to engage
 6      in prostitution as described under section 5902(a) (relating
 7      to prostitution and related offenses).
 8      * * *
 9      Section 2.     Section 3019(a) of Title 18 is amended to read:
10   § 3019.    Victim protection during prosecution.
11      (a)    Disclosure of name [of victim of human trafficking]
12   prohibited.--Notwithstanding any other provision of law to the
13   contrary, unless the court otherwise orders in a prosecution
14   involving a victim of human trafficking or a sexually exploited
15   child, an officer or employee of the court may not disclose the
16   identity of the victim of human trafficking or the sexually
17   exploited child to the public. Any record revealing the name of
18   the victim of human trafficking or the sexually exploited child
19   shall not be open to public inspection.
20      * * *
21      Section 3.     Section 3065(a), (b) and (c) of Title 18 are
22   amended and the section is amended by adding subsections to
23   read:
24   § 3065.    Safe harbor for sexually exploited children.
25      [(a)    Safe harbor.--If it is determined by a law enforcement
26   officer, after reasonable detention for investigative purposes,
27   that an individual is under 18 years of age and is determined to
28   be a sexually exploited child as defined in section 3001
29   (relating to definitions), the individual shall be immune from:
30             (1)   Prosecution or adjudication as a delinquent child

20250SB0143PN0088                     - 2 -
 1    for a violation of sections 5507 (relating to obstructing
 2    highways and other public passages) and 5902(a) (relating to
 3    prostitution and related offenses).
 4        (2)   Revocation of an existing term of probation or
 5    parole arising from a conviction or adjudication for another
 6    offense if the revocation is based on conduct under paragraph
 7    (1).]
 8    (a.1)   Contact and assessment.--
 9        (1)   After reasonable detention for investigative
10    purposes, if a law enforcement officer suspects that a child
11    may be a sexually exploited child as defined under section
12    3001 (relating to definitions), the law enforcement officer
13    shall immediately notify a county agency.
14        (2)   After receipt of a notification from a law
15    enforcement officer of a suspected sexually exploited child
16    under this subsection, the county agency or an entity
17    contracted by the county agency to conduct child abuse and
18    neglect determinations shall immediately contact the child
19    and, in coordination with law enforcement, conduct an
20    assessment to determine whether:
21              (i)    the child is a sexually exploited child; and
22              (ii)    the child's actions were a direct result of the
23        child being a sexually exploited child.
24        (3)   An assessment conducted under paragraph (2) may be
25    conducted using a screening tool that ascertains:
26              (i)    The child's current conditions and the child's
27        history of sex or labor trafficking.
28              (ii)    Any past reports of sex or labor trafficking
29        involving the child.
30              (iii)    Any current or past reports of sexual abuse

20250SB0143PN0088                   - 3 -
 1             involving the child.
 2                   (iv)    Any current or past incidents of inappropriate
 3             sexual behaviors involving the child.
 4                   (v)    Whether the child is known to associate with
 5             confirmed or suspected sexually exploited children.
 6      (a.2)    Safe harbor response following assessment.--If, after
 7   an assessment conducted under subsection (a.1), it is determined
 8   by a law enforcement officer in consultation with a county
 9   agency or an entity contracted by the county agency that the
10   child is a sexually exploited child and, if the child was
11   suspected of committing an offense, the child's actions were the
12   direct result of the child being a sexually exploited child or
13   the child was suspected of engaging in prostitution, the child
14   shall be immune from:
15             (1)   Arrest, charges and prosecution or adjudication as a
16      delinquent child for a violation of an offense that was
17      committed as a direct result of the child being a sexually
18      exploited child.
19             (2)   Revocation of an existing term of probation or
20      parole arising from a conviction or adjudication for another
21      offense if the revocation is based on conduct under paragraph
22      (1).
23      (b)    Exceptions to safe harbor.--The safe harbor under
24   subsection [(a)] (a.2) shall not:
25             (1)   Interfere with or prevent an investigation, arrest,
26      charge, prosecution, delinquency adjudication or revocation
27      for violations other than a violation under subsection [(a)]
28      (a.2).
29             (2)   Bar the admission of evidence in connection with the
30      investigation and prosecution for a violation other than a

20250SB0143PN0088                        - 4 -
 1      violation under subsection [(a)] (a.2).
 2            (3)   Bar the admission of evidence in connection with an
 3      investigation and prosecution of an individual who does not
 4      qualify for safe harbor as provided under this section.
 5      (c)   Detainment.--[An individual] A child determined to be a
 6   sexually exploited child as defined in section 3001 [(relating
 7   to definitions)] shall be detained no longer than necessary [and
 8   only to] to assess the child and assist the child in securing
 9   specialized services available under section 3062 (relating to
10   specialized services for sexually exploited children) or to
11   refer the child to a county agency [if required] under 42
12   Pa.C.S. § 6328 (relating to dependency in lieu of delinquency).
13      * * *
14      (e)   Determination during proceedings.--At any time after a
15   petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating
16   to juvenile matters) has been filed alleging that the child has
17   committed an offense, the court, on its own motion, on the
18   motion of the child's counsel or the district attorney, shall:
19            (1)   Stay all proceedings until the determination under
20      paragraph (3) is made.
21            (2)   Schedule a hearing within 15 days of the motion
22      being filed or, on good cause shown, longer.
23            (3)   Determine, by evidence presented on the record and
24      by a preponderance of the evidence, if:
25                  (i)    the child is a sexually exploited child; and
26                  (ii)    the alleged acts in the petition were committed
27            as a direct result of the child being a sexually
28            exploited child. The action of engaging or attempting to
29            engage in prostitution shall be deemed the direct result
30            of the child being a sexually exploited child.

20250SB0143PN0088                       - 5 -
 1             (4)   If the court finds that the child meets the criteria
 2      in paragraph (3):
 3                   (i)    dismiss the petition;
 4                   (ii)    order the child discharged from any detention
 5             or other restriction ordered in the proceeding; and
 6                   (iii)    refer the child to a county agency under 23
 7             Pa.C.S. §§ 6362 (relating to responsibilities of county
 8             agency for child protective services) and 6375 (relating
 9             to county agency requirements for general protective
10             services) for specialized services under section 3062.
11      Section 4.         Section 5702 heading and subsection (c) of Title
12   23 are amended and the section is amended by adding a subsection
13   to read:
14   § 5702.    County and department responsibilities.
15      * * *
16      (c)     Report to department.--[The county agency shall report
17   annually to the department the total number of children who are
18   sex trafficking victims. The report shall be submitted in the
19   form and by the deadline prescribed by the department.] A county
20   agency shall report annually to the department the following
21   information in the form and by the deadline prescribed by the
22   department:
23             (1)   The total number of children who are sex trafficking
24      victims.
25             (2)   The total number of children who have been reported
26      missing under subsection (b) and whether or not the child has
27      been subsequently located.
28             (3)   The total number of children who have been
29      identified, screened and assessed as possible sex trafficking
30      victims by the county agency.

20250SB0143PN0088                        - 6 -
 1      (d)    Department responsibilities.--The department shall
 2   report annually the information received from a county agency
 3   under subsection (c) to the following:
 4             (1)   The chairperson and minority chairperson of the
 5      Aging and Youth Committee of the Senate.
 6             (2)   The chairperson and minority chairperson of the
 7      Children and Youth Committee of the House of Representatives.
 8             (3)   The chairperson and minority chairperson of the
 9      Judiciary Committee of the Senate.
10             (4)   The chairperson and minority chairperson of the
11      Judiciary Committee of the House of Representatives.
12      Section 5.     Section 5703 of Title 23 is amended to read:
13   § 5703.    Law enforcement responsibilities.
14      When law enforcement receives information from a county
15   agency about a child who is missing from the child's residence
16   or is abducted under section 5702(b) (relating to county and
17   department responsibilities), law enforcement shall enter the
18   information into the National Crime Information Center database.
19      Section 6.     Section 6328 of Title 42 is amended to read:
20   § 6328.    Dependency in lieu of delinquency.
21      (a)    Referral to county agency.--[The offenses provided under
22   subsection (b)] Any offense determined by a law enforcement
23   officer under 18 Pa.C.S. § 3065(a.2) (relating to safe harbor
24   for sexually exploited children) or the court under 18 Pa.C.S. §
25   3065(e) to be committed by a child as a direct result of being a
26   sexually exploited child as defined under 18 Pa.C.S. § 3001
27   (relating to definitions) shall be referred to a county agency
28   under 23 Pa.C.S. §§ 6362 (relating to responsibilities of county
29   agency for child protective services) and 6375 (relating to
30   county agency requirements for general protective services) [if

20250SB0143PN0088                     - 7 -
 1   the offense:
 2             (1)    Is committed by a child as a direct result of being
 3      a sexually exploited child as defined in 18 Pa.C.S. § 3001
 4      (relating to definitions).
 5             (2)    Is directly related to having been subject to human
 6      trafficking as defined in 18 Pa.C.S. § 3001.] for specialized
 7      services under 18 Pa.C.S. § 3062 (relating to specialized
 8      services for sexually exploited children).
 9      [(b)    Eligible offenses.--Eligible offenses for referral to a
10   county agency include the following:
11             (1)    18 Pa.C.S. § 3503 (relating to criminal trespass).
12             (2)    18 Pa.C.S. § 4914 (relating to false identification
13      to law enforcement authorities).
14             (3)    18 Pa.C.S. § 5503 (relating to disorderly conduct).
15             (4)    18 Pa.C.S. § 5506 (relating to loitering and
16      prowling at night time).
17             (5)    An offense for simple possession of a controlled
18      substance under section 13(a)(16) and (31) of the act of
19      April 14, 1972 (P.L.233, No.64), known as The Controlled
20      Substance, Drug, Device and Cosmetic Act.]
21      (c)    Delinquency proceedings.--
22             [(1)]    If an offense [listed in subsection (b)] is
23      referred to a county agency under subsection (a), delinquency
24      proceedings under this chapter may not be commenced
25      [immediately].
26             [(2)    If treatment and social services are unsuccessful
27      while the dependency petition is pending, as evidenced by the
28      child's behavior, and the county agency believes that
29      juvenile justice services are necessary and warranted, the
30      county agency shall refer the child's case to the juvenile

20250SB0143PN0088                      - 8 -
1      probation department or district attorney's office for the
2      commencement of delinquency proceedings.]
3      (d)   Record expungement.--Upon the final discharge of
4   supervision, juvenile court records relating to an offense
5   [listed in subsection (b)] referred to a county agency under
6   subsection (a) shall be expunged by the court under 18 Pa.C.S. §
7   9123 (relating to juvenile records).
8      Section 7.   This act shall take effect in 60 days.




20250SB0143PN0088                 - 9 -