act-2006-0-139•Pennsylvania Act 2006-139 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - CORRUPT ORGANIZATIONS, TRAFFICKING IN PERSONS, AUTHORIZING INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS, SENTENCING FOR TRAFFICKING OF PERSONS AND CRIMINAL FORFEITURE
Pennsylvania Act 2006-139 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - CORRUPT ORGANIZATIONS, TRAFFICKING IN PERSONS, AUTHORIZING INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS, SENTENCING FOR TRAFFICKING OF PERSONS AND CRIMINAL FORFEITURE
act-2006-0-1392006 Pa. Act 139Law
Act text
CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - CORRUPT
ORGANIZATIONS, TRAFFICKING IN PERSONS, AUTHORIZING INTERCEPTION OF WIRE,
ELECTRONIC OR ORAL COMMUNICATIONS, SENTENCING FOR TRAFFICKING OF PERSONS
AND CRIMINAL FORFEITURE
Act of Nov. 9, 2006, P.L. 1340, No. 139 Cl. 18
Session of 2006
No. 2006-139
HB 1112
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, further providing for the offense of corrupt
organizations; providing for the offense of trafficking in
persons; further providing for order authorizing interception
of wire, electronic or oral communications; and providing for
sentencing for trafficking of persons and for criminal
forfeiture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 911(h)(1) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 911. Corrupt organizations.
* * *
(h) Definitions.--As used in this section:
(1) "Racketeering activity" means:
(i) any act which is indictable under any of the
following provisions of this title:
Chapter 25 (relating to criminal homicide)
Section 2706 (relating to terroristic threats)
Chapter 29 (relating to kidnapping)
Chapter 30 (relating to trafficking of persons)
Chapter 33 (relating to arson, etc.)
Chapter 37 (relating to robbery)
Chapter 39 (relating to theft and related
offenses)
Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly)
Section 4109 (relating to rigging publicly
exhibited contest)
Section 4117 (relating to insurance fraud)
Chapter 47 (relating to bribery and corrupt
influence)
Chapter 49 (relating to falsification and
intimidation)
Section 5111 (relating to dealing in proceeds of
unlawful activities)
Section 5512 through 5514 (relating to gambling)
Chapter 59 (relating to public indecency)
(ii) any offense indictable under section 13 of the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act
(relating to the sale and dispensing of narcotic drugs);
(iii) any conspiracy to commit any of the offenses
set forth in subparagraphs (i) and (ii) of this
paragraph; or
(iv) the collection of any money or other property
in full or partial satisfaction of a debt which arose as
the result of the lending of money or other property at a
rate of interest exceeding 25% per annum or the
equivalent rate for a longer or shorter period, where not
otherwise authorized by law.
Any act which otherwise would be considered racketeering
activity by reason of the application of this paragraph,
shall not be excluded from its application solely because the
operative acts took place outside the jurisdiction of this
Commonwealth, if such acts would have been in violation of
the law of the jurisdiction in which they occurred.
* * *
Section 2. Title 18 is amended by adding a chapter to read:
CHAPTER 30
TRAFFICKING OF PERSONS
Sec.
3001. Definitions.
3002. Trafficking of persons.
3003. Restitution for offenses.
3004. Forfeiture.
§ 3001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Criminal coercion." The term includes conduct defined as
criminal coercion by section 2906 (relating to criminal
coercion).
"Forced labor or services." Labor or services that are
performed or provided by another person which are obtained or
maintained when a person:
(1) attempts to cause, causes or by threat of physical
menace puts another person in fear of bodily injury;
(2) physically restrains or threatens to physically
restrain another person unlawfully;
(3) abuses or threatens to abuse the law or legal
process;
(4) possesses except as required by Federal immigration
law or regulation, destroys, conceals, removes or confiscates
any actual or purported passport or other immigration
document of another person, or any other actual or purported
government identification document of another person; or
(5) engages in criminal coercion of another person.
"Traffics." Recruits, entices, harbors, transports or
provides or obtains by any means.
§ 3002. Trafficking of persons.
(a) Offense defined.--A person commits an offense if the
person knowingly traffics or knowingly attempts to traffic
another person, knowing that the other person will be subjected
to forced labor or services.
(b) Grading.--An offense under subsection (a) shall be
graded a felony of the second degree unless the other person
suffers bodily injury or the other person is an individual under
18 years of age, in which case it shall be graded as a felony of
the first degree.
§ 3003. Restitution for offenses.
(a) General rule.--A person convicted of an offense under
this chapter shall, in addition to any other remedy deemed
appropriate by the court, be sentenced to pay the victim
restitution, including the greater of:
(1) the gross income or value to the person to whom the
labor or services were performed by the victim; or
(2) the value of the victim's labor based on the minimum
wage of this Commonwealth.
(b) Private remedies.--Nothing in this section shall be
construed to preclude any other remedy at law or in equity.
§ 3004. Forfeiture.
(a) General rule.--The following shall be subject to
forfeitures to the Commonwealth, and no property right shall
exist in them:
(1) All assets, foreign or domestic:
(i) Of an individual, entity or organization engaged
in planning or perpetrating an act in this Commonwealth
which violates section 3002 (relating to trafficking of
persons) and all assets, foreign or domestic, affording a
person a source of influence over such individual, entity
or organization.
(ii) Acquired or maintained by a person with the
intent and for the purpose of supporting, planning,
conducting or concealing an act in this Commonwealth
which violates section 3002.
(iii) Derived from, involved in or used or intended
to be used to commit an act in this Commonwealth which
violates section 3002.
(2) All assets within this Commonwealth:
(i) Of an individual, entity or organization engaged
in planning or perpetrating an act which violates section
3002.
(ii) Acquired or maintained with the intent and for
the purpose of supporting, planning, conducting or
concealing an act which violates section 3002.
(iii) Derived from, involved in or used or intended
to be used to commit an act which violates section 3002.
(b) Process and seizures.--Property subject to forfeiture
under this section may be seized by the law enforcement
authority upon process issued by any court of common pleas
having jurisdiction over the property.
(c) Custody of property.--
(1) Property taken or detained under this section shall
not be subject to replevin but is deemed to be in the custody
of the law enforcement authority subject only to the orders
and decrees of the court of common pleas having jurisdiction
over the forfeiture proceedings and of the district attorney.
(2) When property is seized under this section, the law
enforcement authority shall place the property under seal and
either:
(i) remove the property to a place designated by it;
or
(ii) require that the district attorney take custody
of the property and remove it to an appropriate location
for disposition in accordance with law.
(d) Transfer of property.--Whenever property is forfeited
under this section, the property shall be transferred to the
custody of the district attorney. The district attorney, where
appropriate, may retain the property for official use or sell
the property, but the proceeds from any such sale shall be used
to pay all proper expenses of the proceedings for forfeiture and
sale, including expenses of seizure, maintenance of custody,
advertising and court costs. The balance of the proceeds shall
be used for the enforcement of the criminal laws of
Pennsylvania.
(e) Proceedings and petition.--The proceedings for the
forfeiture or condemnation of property, the retention or sale of
which is provided for in this section, shall be in rem, in which
the Commonwealth shall be the plaintiff and the property the
defendant. A petition shall be filed in the court of common
pleas of the judicial district where the property is located,
verified by oath or affirmation of an officer or citizen,
containing the following:
(1) A description of the property seized.
(2) A statement of the time and place where seized.
(3) The owner, if known.
(4) The person or persons in possession, if known.
(5) An allegation that the property is subject to
forfeiture pursuant to this section and an averment of
material facts upon which forfeiture action is based.
(6) A prayer for an order of forfeiture that the
property be adjudged forfeited to the Commonwealth and
condemned unless cause be shown to the contrary.
(f) Service.--A copy of the petition required under
subsection (e) shall be served personally or by certified mail
on the owner or the person or persons in possession at the time
of the seizure. The copy shall have endorsed a notice as
follows:
To the claimant of within described property:
You are required to file an answer to this petition, setting
forth your title in and right to possession of the property
within 30 days from the service of this notice. You are also
notified that, if you fail to file the answer, a decree of
forfeiture and condemnation will be entered against the
property.
The notice shall be signed by the district attorney, deputy
district attorney or assistant district attorney.
(g) Notice.--
(1) If the owner of the property is unknown or there was
no person in possession of the property when seized or if the
owner or such person or persons in possession at the time of
the seizure cannot be personally served or located within the
jurisdiction of the court, notice of the petition shall be
given by the Commonwealth through an advertisement in only
one newspaper of general circulation published in the county
where the property shall have been seized, once a week for
two successive weeks. No other advertisement of any sort
shall be necessary, any other law to the contrary
notwithstanding.
(2) The notice shall contain a statement of the seizure
of the property with a description of the property and the
place and date of seizure and shall direct any claimants to
the property to file a claim on or before a date given in the
notice, which date shall not be less than 30 days from the
date of the first publication.
(3) If no claims are filed within 30 days of
publication, the property shall summarily forfeit to the
Commonwealth.
(h) Unknown owner.--For purposes of this section, the owner
or other such person cannot be found in the jurisdiction of the
court if:
(1) a copy of the petition is mailed to the last known
address by certified mail and is returned without delivery;
(2) personal service is attempted once but cannot be
made at the last known address; and
(3) a copy of the petition is left at the last known
address.
(i) Waiver of notice.--The notice provisions of this section
are automatically waived if the owner, without good cause, fails
to appear in court in response to a subpoena on the underlying
criminal charges. Forty-five days after such a failure to
appear, if good cause has not been demonstrated, the property
shall summarily forfeit to the Commonwealth.
(j) Hearing date.--Upon the filing of a claim for the
property setting forth a right of possession, the case shall be
deemed at issue, and a date and time shall be fixed for the
hearing.
(k) Burden of proof.--At the hearing, if the Commonwealth
produces evidence that the property in question was unlawfully
used, possessed or otherwise subject to forfeiture under this
section, the burden shall be upon the claimant to show by a
preponderance of the evidence:
(1) That the claimant is the owner of the property or
the holder of a chattel mortgage or contract of conditional
sale thereon.
(2) That the claimant lawfully acquired the property.
(3) That the property was not unlawfully used or
possessed by the claimant. If it appears that the property
was unlawfully used or possessed by a person other than the
claimant, then the claimant shall show that the unlawful use
or possession was without his knowledge or consent. Such
absence of knowledge or consent must be reasonable under the
circumstances presented.
(l) Claims of ownership.--If a person claiming the ownership
of or right of possession to or claiming to be the holder of a
chattel mortgage or contract of conditional sale upon the
property, the disposition of which is provided for in this
section, prior to the sale presents a petition to the court
alleging lawful ownership, right of possession, a lien or
reservation of title to the property and if, on public hearing,
due notice of which having been given to the district attorney,
the claimant shall prove by a preponderance of the evidence that
the property was lawfully acquired, possessed and used by him
or, it appearing that the property was unlawfully used by a
person other than the claimant, that the unlawful use was
without the claimant's knowledge or consent, then the court may
order the property returned or delivered to the claimant. Such
absence of knowledge or consent must be reasonable under the
circumstances presented. Otherwise, it shall be retained for
official use or sold in accordance with this section.
Section 3. Section 5708(1) of Title 18 is amended to read:
§ 5708. Order authorizing interception of wire, electronic or
oral communications.
The Attorney General, or, during the absence or incapacity of
the Attorney General, a deputy attorney general designated in
writing by the Attorney General, or the district attorney or,
during the absence or incapacity of the district attorney, an
assistant district attorney designated in writing by the
district attorney of the county wherein the suspected criminal
activity has been, is or is about to occur, may make written
application to any Superior Court judge for an order authorizing
the interception of a wire, electronic or oral communication by
the investigative or law enforcement officers or agency having
responsibility for an investigation involving suspected criminal
activities when such interception may provide evidence of the
commission of any of the following offenses, or may provide
evidence aiding in the apprehension of the perpetrator or
perpetrators of any of the following offenses:
(1) Under this title:
Section 911 (relating to corrupt organizations)
Section 2501 (relating to criminal homicide)
Section 2502 (relating to murder)
Section 2503 (relating to voluntary manslaughter)
Section 2702 (relating to aggravated assault)
Section 2706 (relating to terroristic threats)
Section 2709.1 (relating to stalking)
Section 2716 (relating to weapons of mass
destruction)
Section 2901 (relating to kidnapping)
Section 3002 (relating to trafficking of persons)
Section 3121 (relating to rape)
Section 3123 (relating to involuntary deviate sexual
intercourse)
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent
assault)
Section 3301 (relating to arson and related offenses)
Section 3302 (relating to causing or risking
catastrophe)
Section 3502 (relating to burglary)
Section 3701 (relating to robbery)
Section 3921 (relating to theft by unlawful taking or
disposition)
Section 3922 (relating to theft by deception)
Section 3923 (relating to theft by extortion)
Section 4701 (relating to bribery in official and
political matters)
Section 4702 (relating to threats and other improper
influence in official and political matters)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling,
etc.)
Section 5514 (relating to pool selling and
bookmaking)
Section 5516 (relating to facsimile weapons of mass
destruction)
Section 6318 (relating to unlawful contact with
minor)
* * *
Section 4. Title 42 is amended by adding a section to read:
§ 9720.2. Sentencing for trafficking of persons.
Notwithstanding any other provision of law, a person who
commits a violation of 18 Pa.C.S. § 3002 (relating to
trafficking of persons) while violating:
(1) 18 Pa.C.S. § 2901 (relating to kidnapping);
(2) 18 Pa.C.S. § 3121 (relating to rape); or
(3) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse);
shall be sentenced up to a maximum term of life imprisonment.
Section 5. This act shall take effect in 60 days.
APPROVED--The 9th day of November, A. D. 2006.
EDWARD G. RENDELL
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