Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1909

Introduced
12/12/23  

Caption

In sexual offenses, further providing for the offense of rape and for the offense of involuntary deviate sexual intercourse; and, in sentencing, providing for sentencing procedure for rape of a child and involuntary deviate sexual intercourse with a child and further providing for sentences for offenses against infant persons.

Impact

The amendment to existing laws in HB1909 significantly impacts how sexual offenses against children are prosecuted and punished in Pennsylvania. By establishing clear guidelines for sentencing procedures, including the introduction of victim impact evidence during sentencing, the bill aims to provide a more comprehensive consideration of the emotional and physical toll on victims and their families. This approach seeks to reflect the profound societal condemnation of sexual offenses against children and align state laws with contemporary views on child protection and justice.

Summary

House Bill 1909 amends Pennsylvania's Title 18 (Crimes and Offenses) and Title 42 (Judiciary and Judicial Procedure) to enhance the legal framework surrounding sexual offenses, specifically focusing on the definitions and sentencing associated with rape and involuntary deviate sexual intercourse, particularly when the victims are children. The bill introduces new sentencing procedures that require a separate hearing after a jury finds a defendant guilty of these offenses, allowing the jury to decide whether to impose a sentence of life imprisonment or the death penalty. This change aims to ensure that the severity of crimes against minors is met with equally severe sentencing practices.

Sentiment

The sentiment surrounding HB1909 appears to be generally supportive, particularly among advocates for children's rights and victims' advocates. Proponents argue that the stronger sentencing framework is a necessary step to protect the most vulnerable members of society and that it sends a strong message about the severity of such crimes. However, there may be some contention regarding the death penalty aspect, as reactions could vary within the broader community and among legal experts. The bill reflects a zero-tolerance approach toward sexual crimes against minors, which resonates well with many constituents but might raise ethical debates about capital punishment.

Contention

Notable points of contention may arise from the inclusion of the death penalty as a potential sentence for certain offenses. Critics may argue that such extreme measures could deter the focus from rehabilitation and mental health support for offenders, as well as raise moral and ethical questions about state-sanctioned execution. Moreover, ensuring a fair judicial process in these sensitive cases is imperative, and any perceived rush to judgment could lead to significant injustices. Additionally, stakeholders may advocate for more comprehensive support systems for victims outside of punitive measures alone.

Companion Bills

No companion bills found.

Previously Filed As

PA SB1111

In sentencing, further providing for definitions and for sexual offenses and tier system.

PA HB1187

In authorized disposition of offenders, further providing for Accelerated Rehabilitative Disposition prohibited; in criminal homicide, further providing for the offense of murder; in assault, further providing for the offense of stalking and for the offense of unauthorized administration of intoxicant; in sexual offenses, further providing for definitions and for the offense of rape, repealing provisions relating to the offense of involuntary deviate sexual intercourse and further providing for the offense of sexual assault, for the offense of institutional sexual assault, for the offense of sexual assault by sports official, volunteer or employee of nonprofit association, for the offense of aggravated indecent assault and for general rule relating to loss of property rights; in wiretapping and electronic surveillance, further providing for definitions and for order authorizing interception of wire, electronic or oral communications; in public indecency, further providing for the offense of prostitution and related offenses; in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; in minors, further providing for transmission of sexually explicit images by minor; in criminal history record information, further providing for expungement and for juvenile records; in child custody, further providing for consideration of criminal conviction; in protection from abuse, further providing for definitions; in child protective services, further providing for definitions, for exclusions from child abuse and for employees having contact with children and adoptive and foster parents; in domestic and sexual violence victim address confidentiality, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in depositions and witnesses, further providing for spouses as witnesses against each other and for hearsay; in juvenile matters, further providing for definitions, for inspection of court files and records, for law enforcement records, for conduct of hearings, for transfer to criminal proceedings and for assessment of delinquent children by the State Sexual Offenders Assessment Board; in court-ordered involuntary treatment of certain sexually violent persons, further providing for definitions and for court-ordered involuntary treatment; in sentencing, further providing for sentences for second or subsequent offenses, for sentences for offenses against elderly persons, for sentences for offenses against infant persons, for sentences for offenses committed while impersonating a law enforcement officer, for sentencing for trafficking of persons, for definitions, for sexual offenses and tier system, for termination of period of registration for juvenile offenders, for assessments, for registration and for assessments; in judicial change of name, further providing for change by order of court; in Pennsylvania Board of Probation and Parole, further providing for parole procedure; and, in interstate compacts, further providing for supervision of persons paroled by other states.

PA SB983

In general provisions, further providing for classes of offenses; in authorized disposition of offenders, providing for sentence for trafficking in minors to sexual servitude; in human trafficking, further providing for trafficking in individuals; and, in sentencing authority, providing for sentencing procedure for trafficking in minors to sexual servitude.

PA SB600

In authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; and, in sentencing, further providing for sentencing procedure for murder of the first degree.

PA SB1317

In sentencing, further providing for sexual offenses and tier system.

PA SB255

In sentencing, further providing for sexual offenses and tier system.

PA HB641

In sentencing, further providing for sentences for second and subsequent offenses; and, in Pennsylvania Board of Probation and Parole, further providing for parole power.

PA HB199

AN ACT relating to sexual offenses against children.

PA HB598

AN ACT relating to sexual offenses against children.

PA HB1843

In depositions and witnesses, providing for sentencing considerations for child victim offenders.

Similar Bills

PA SB983

In general provisions, further providing for classes of offenses; in authorized disposition of offenders, providing for sentence for trafficking in minors to sexual servitude; in human trafficking, further providing for trafficking in individuals; and, in sentencing authority, providing for sentencing procedure for trafficking in minors to sexual servitude.

PA SB600

In authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; and, in sentencing, further providing for sentencing procedure for murder of the first degree.

PA HB999

In authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; in jurisdiction of appellate courts, further providing for direct appeals from courts of common pleas; in post-trial matters, further providing for postconviction DNA testing and for disposition and appeal; in sentencing, further providing for sentencing procedure for murder of the first degree; and, in execution procedure and method, repealing provisions relating to issuance of warrant.

PA HB888

In authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; in jurisdiction of appellate courts, further providing for direct appeals from courts of common pleas; in post-trial matters, further providing for postconviction DNA testing and for disposition and appeal; in sentencing, further providing for sentencing procedure for murder of the first degree; and, in execution procedure and method, repealing provisions relating to issuance of warrant.

PA HB166

In sentencing, further providing for sentencing procedure for murder of the first degree.

PA HB751

In sentencing, further providing for sentencing procedure for murder of the first degree.

PA HB1432

In protection from abuse, further providing for definitions.

PA HB835

In protection from abuse, further providing for definitions.