Slavery Remains Legal As Punishment For PA Criminals

HARRISBURG, PA — A constitutional amendment has been introduced in the Pennsylvania legislature that would close a loophole that still allows slavery as a punishment for a crime.

The amendment to the state's constitution would eliminate what lawmakers say was left behind by the 13th Amendment to the U.S. Constitution, which only abolished slavery in part.

"This loophole has been exploited since its inception, facilitating the over-incarceration of Black people, and forcing incarcerated persons to work for little or no pay," State Rep. Stephen Kinsey wrote in a co-sponsorship memorandum.

Similar ballot measures have already been passed in places lke Colorado, Nebraska, and Utah.

Because it's a constitutional amendment, it would show up on ballots as a question for voters.

"Slavery and involuntary servitude have no place in Pennsylvania, and it is time for our Constitution to reflect that," Kinsey added.

Constitutional amendments go through a different process than bills in their journey to become law. They must first pass both chambers of the General Assembly in two consecutive sessions. Once passed, the amendment goes onto the ballot on the next election as a referendum. If a majority of voters agree with the amendment, it becomes law.

This happened in 2021 when Republicans were able to limit the executive powers of the governor's office during an emergency.