SB 647 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in public indecency, further providing for prostitution and related offenses.

PRINTER'S NO.   659

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          SENATE BILL
                          No. 647
                                                  Session of
                                                    2025

     INTRODUCED BY HUGHES, STREET, SAVAL, HAYWOOD, CAPPELLETTI,
        COSTA, SCHWANK AND KEARNEY, APRIL 21, 2025

     REFERRED TO JUDICIARY, APRIL 21, 2025


                                       AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in public indecency, further providing
 3      for 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)(1) and (e.1)(4) of
 7   Title 18 of the Pennsylvania Consolidated Statutes are amended
 8   and the 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            * * *
15      (e.1)   Grading of offenses under subsection (e).--An offense
16   under subsection (e) constitutes a:
17            * * *
18            [(4)    Felony of the third degree if the person who
19      committed the offense knew that he or she was human
20      immunodeficiency virus (HIV) positive or manifesting acquired
21      immune deficiency syndrome (AIDS).]
22      * * *
23      (e.3)   Resentencing.--
24            (1)    Upon a petition to the court of common pleas that
25      originally entered an order of sentence, a person convicted
26      and sentenced under the former subsection (a.1)(4), (c)(1)(v)
27      or (e.1)(4) and to which the following apply may be
28      resentenced to a misdemeanor grade as provided under
29      subsection (a.1), (c) or (e.1) based on the established facts
30      as determined by the court at the time of conviction:

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




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