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Senate Bill 1299 Printer's Number 1840
PENNSYLVANIA, July 24 - violation under subsection [(a)] (a.2).
(3) Bar the admission of evidence in connection with an
investigation and prosecution of an individual who does not
qualify for safe harbor as provided under this section.
(c) Detainment.--[An individual] A child determined to be a
sexually exploited child as defined in section 3001 [(relating
to definitions)] shall be detained no longer than necessary [and
only to] to assess the child and assist the child in securing
specialized services available under section 3062 (relating to
specialized services for sexually exploited children) or to
refer the child to a county agency [if required] under 42
Pa.C.S. ยง 6328 (relating to dependency in lieu of delinquency).
* * *
(e) Determination during proceedings.--At any time after a
petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating
to juvenile matters) has been filed alleging that the child has
committed an offense, the court, on its own motion, on the
motion of the child's counsel or the district attorney, shall:
(1) Stay all proceedings until the determination under
paragraph (3) is made.
(2) Schedule a hearing within 15 days of the motion
being filed or, on good cause shown, longer.
(3) Determine, by evidence presented on the record and
by a preponderance of the evidence, if:
(i) the child is a sexually exploited child; and
(ii) the alleged acts in the petition were committed
as a direct result of the child being a sexually
exploited child. The action of engaging or attempting to
engage in prostitution shall be deemed the direct result
of the child being a sexually exploited child.
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