Judiciary Committee Moves Legislation to Bring Pennsylvania into Compliance with Federal Sex Trafficking Law
11/17/2015
HARRISBURG – House Judiciary Committee Majority Chairman Ron Marsico (R-Dauphin) moved legislation to bring Pennsylvania into compliance with the federal Preventing Sex Trafficking and Strengthening Families Act today during the Judiciary Committee’s scheduled weekly voting meeting.

“According to the Department of Human Services, the Commonwealth risks losing a portion of our federal foster care funding if the General Assembly fails to enact certain provisions, which is why my House Bill 1691 is so crucial,” said Marsico.

The purpose of the act is to help states develop methods to identify and determine appropriate responses to children involved in the child welfare system who are either victims or at risk of becoming victims of sex trafficking. For example, under the act, child welfare agencies must report to law enforcement information about foster children who are victims or at risk of becoming such victims. Similarly, the county agency must also notify law enforcement if a foster child is missing from the home or is abducted. Law enforcement must notify the National Center for Missing and Exploited Children.

The federal law also requires changes to the way in which permanency hearings are conducted under the Juvenile Act. The designation of Another Permanent Planned Living Arrangement, which is a designation indicating no permanent home has been found, has been eliminated for children under 16. In the case of foster children 16 and 17 years of age, a heightened level of case management review by the juvenile court is required. Part of the review includes the court’s inquiring about efforts on the part of the county agency to find a fit and willing relative for the child, as well as the child’s desired permanency goal.

In addition to House Bill 1691, several other bills moved through the committee this week, including:

House Bill 391 adds a new criminal offense for any person who, with the intent to defraud, harass or cause harm, makes a call or engages in conduct that results in false caller identification information on a recipient’s telephone (i.e., “spoofing”). The offense is graded as a misdemeanor of the third degree for a first offense, and a misdemeanor of the second degree for a second or subsequent offense.

House Bill 656 addresses online impersonation in both the criminal and civil context. First, the bill creates the criminal offense of “online impersonation,” which is defined as using the name or identifying information of another person online while engaging in any of the following underlying offenses: harassment, terroristic threats, stalking, or witness/victim intimidation or retaliation. The offense will be graded as a second-degree misdemeanor or as one grade higher than the underlying offense, whichever is greater. The bill also creates a private cause of action for victims of online impersonation. The bill expressly will not apply to works of public interest such as parodies, commentaries and satires.

House Bill 1626 amends Title 42 (Judicial Code) to prohibit the release or disclosure of the addresses of jurors after they have been empaneled for the trial of a case, unless otherwise ordered by the court.

• Senate Bill 130 prohibits a person who has been sentenced to a term of supervised community service or required by a court or paroling authority to participate in a public or nonprofit community service program from purchasing credit to apply in lieu of performing the service. This would apply to the use of currency, money orders, checks, prepaid debit or credit cards, gift cards or certificates or by any other means.

• Senate Bill 524 creates a pilot program within the Department of Corrections to provide grants to county correctional facilities with respect to treatment of inmates for drug or alcohol addiction. Specifically, grants will be used to provide long acting, non-narcotic, non-addictive medication to eligible offenders upon release from the county facility.

The legislation will now go to the full House for consideration.

Representative Ronald Marsico
105th District
Pennsylvania House of Representatives
RonMarsico.com
Media Contact: Autumn R. Southard, 717.652.3721
asouthar@pahousegop.com