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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. § 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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