Regular Session 2023-2024 House Bill 0416 P.N. 2929

CORRECTIVE REPRINT

PRIOR PRINTER'S NOS. 384, 2807

PRINTER'S NO. 2929

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

416

Session of

2023

INTRODUCED BY POWELL, SCHLOSSBERG, CIRESI, HILL-EVANS, KINSEY,

SANCHEZ, PROBST, MADDEN, GUENST, BURGOS, HOWARD, D. WILLIAMS,

KIM, FREEMAN, KINKEAD, N. NELSON, RABB, BOROWSKI, GUZMAN,

SHUSTERMAN, WARREN, CERRATO, TAKAC, BRIGGS, HANBIDGE AND

MAYES, MARCH 14, 2023

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 26, 2024

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in assault, providing for the offense

of unauthorized location tracking. FURTHER PROVIDING FOR THE

OFFENSE OF STALKING.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 2709.2. U nauthorized location tracking.

(a) Offense defined.--A person commits the offense of

unauthorized location tracking when the person uses a

technological device to determine or monitor the location or

movement of another person or another person's property without

the prior authorization of the other person or, if the other

person is under 18 years of age, the other person's parent or

legal guardian.

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(b) Venue.--An offense committed under this section may be

deemed to have been committed where:

(1) the information was received;

(2) the victim resides; or

(3) the property is located.

misdemeanor of the third degree.

SECTION 1. SECTION 2709.1(A), (B) AND (C) OF TITLE 18 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION

IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 2709.1. STALKING.

(A) [OFFENSE] STALKING OFFENSE DEFINED.--A PERSON COMMITS

THE CRIME OF STALKING WHEN THE PERSON EITHER:

(1) ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY COMMITS

ACTS TOWARD ANOTHER PERSON, INCLUDING FOLLOWING THE PERSON

WITHOUT PROPER AUTHORITY, UNDER CIRCUMSTANCES WHICH

DEMONSTRATE EITHER AN INTENT TO PLACE SUCH OTHER PERSON IN

REASONABLE FEAR OF BODILY INJURY OR TO CAUSE SUBSTANTIAL

EMOTIONAL DISTRESS TO SUCH OTHER PERSON; OR

(2) ENGAGES IN A COURSE OF CONDUCT OR REPEATEDLY

COMMUNICATES TO ANOTHER PERSON UNDER CIRCUMSTANCES WHICH

DEMONSTRATE OR COMMUNICATE EITHER AN INTENT TO PLACE SUCH

OTHER PERSON IN REASONABLE FEAR OF BODILY INJURY OR TO CAUSE

SUBSTANTIAL EMOTIONAL DISTRESS TO SUCH OTHER PERSON.

(B) VENUE FOR STALKING OFFENSE.--

(1) AN OFFENSE COMMITTED UNDER [THIS SECTION] SUBSECTION

(A) MAY BE DEEMED TO HAVE BEEN COMMITTED AT EITHER THE PLACE

AT WHICH THE COMMUNICATION OR COMMUNICATIONS WERE MADE OR AT

THE PLACE WHERE THE COMMUNICATION OR COMMUNICATIONS WERE

RECEIVED.

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(2) [ACTS] FOR AN OFFENSE COMMITTED UNDER SUBSECTION

(A), ACTS INDICATING A COURSE OF CONDUCT WHICH OCCUR IN MORE

THAN ONE JURISDICTION MAY BE USED BY ANY OTHER JURISDICTION

IN WHICH AN ACT OCCURRED AS EVIDENCE OF A CONTINUING PATTERN

OF CONDUCT OR A COURSE OF CONDUCT.

(1) EXCEPT AS OTHERWISE PROVIDED FOR IN PARAGRAPH (2), A

FIRST OFFENSE UNDER [THIS SECTION] SUBSECTION (A) SHALL

CONSTITUTE A MISDEMEANOR OF THE FIRST DEGREE.

(2) A SECOND OR SUBSEQUENT OFFENSE UNDER [THIS SECTION]

SUBSECTION (A) OR A FIRST OFFENSE UNDER SUBSECTION (A) IF THE

PERSON HAS BEEN PREVIOUSLY CONVICTED OF A CRIME OF VIOLENCE

INVOLVING THE SAME VICTIM, FAMILY OR HOUSEHOLD MEMBER,

INCLUDING, BUT NOT LIMITED TO, A VIOLATION OF SECTION 2701

(RELATING TO SIMPLE ASSAULT), 2702 (RELATING TO AGGRAVATED

ASSAULT), 2705 (RELATING TO RECKLESSLY ENDANGERING ANOTHER

PERSON), 2718 (RELATING TO STRANGULATION), 2901 (RELATING TO

KIDNAPPING), 3121 (RELATING TO RAPE) OR 3123 (RELATING TO

INVOLUNTARY DEVIATE SEXUAL INTERCOURSE), AN ORDER ISSUED

UNDER SECTION 4954 (RELATING TO PROTECTIVE ORDERS) OR AN

ORDER ISSUED UNDER 23 PA.C.S. § 6108 (RELATING TO RELIEF)

SHALL CONSTITUTE A FELONY OF THE THIRD DEGREE.

(C.1) UNAUTHORIZED LOCATION TRACKING OFFENSE DEFINED.--

EXCEPT AS PROVIDED UNDER SUBSECTION (C.2), A PERSON COMMITS THE

OFFENSE OF UNAUTHORIZED LOCATION TRACKING WHEN THE PERSON

INSTALLS OR PLACES A TECHNOLOGICAL DEVICE OR CAUSES THE

TECHNOLOGICAL DEVICE TO BE PLACED ON THE PERSON OR PROPERTY OF

ANOTHER PERSON TO DETERMINE OR MONITOR THE LOCATION OR MOVEMENT

OF ANOTHER PERSON.

(C.2) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (C.1) SHALL

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NOT APPLY TO THE INSTALLATION, PLACEMENT OR USE OF AN ELECTRONIC

TRACKING DEVICE:

(1) BY AN INVESTIGATIVE OFFICER, LAW ENFORCEMENT OFFICER

OR AGENCY WHILE CONDUCTING AN INVESTIGATION, WHEN THE

INVESTIGATIVE OFFICER, LAW ENFORCEMENT OFFICER OR AGENCY IS

ENGAGED IN THE LAWFUL PERFORMANCE OF OFFICIAL DUTIES AND IS

OTHERWISE IN ACCORDANCE WITH FEDERAL AND STATE LAW;

(2) PURSUANT TO A COURT ORDER OR AS PART OF SUPERVISION

FOR A PRETRIAL DIVERSIONARY PROGRAM, PROBATION OR PAROLE;

(3) UNLESS PROHIBITED BY COURT ORDER, BY THE PARENT OR

LEGAL GUARDIAN OF A MINOR WHEN TRACKING THE MINOR OR BY A

PERSON AUTHORIZED BY THE PARENT OR LEGAL GUARDIAN TO SERVE AS

A CARETAKER OF THE MINOR AT ANY TIME WHEN THE MINOR IS UNDER

THE CARETAKER'S SOLE CARE, IF:

(I) THE PARENTS OR LEGAL GUARDIANS ARE LAWFULLY

MARRIED TO EACH OTHER AND ARE NOT SEPARATED OR OTHERWISE

LIVING APART;

(II) THE PARENT OR LEGAL GUARDIAN IS THE SOLE

SURVIVING PARENT OR LEGAL GUARDIAN OF THE MINOR;

(III) THE PARENT OR LEGAL GUARDIAN HAS PRIMARY

PHYSICAL CUSTODY OF THE MINOR WHILE THE ELECTRONIC

TRACKING DEVICE IS INSTALLED AND MONITORED; OR

(IV) THE PARENTS OR LEGAL GUARDIANS ARE DIVORCED,

SEPARATED OR OTHERWISE LIVING APART AND BOTH CONSENT TO

THE INSTALLATION OF AND MONITORING BY THE ELECTRONIC

TRACKING DEVICE;

(4) BY A LEGALLY AUTHORIZED GUARDIAN OF AN INCAPACITATED

PERSON AS DEFINED IN 20 PA.C.S. § 5902 (RELATING TO

DEFINITIONS) OR BY A CAREGIVER OR FAMILY MEMBER OF A SENIOR

CITIZEN OR AN ADULT WITH A DISABILITY, IF A PHYSICIAN OF THE

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SENIOR CITIZEN OR ADULT WITH A DISABILITY RECOMMENDS THE

INSTALLATION OF AN ELECTRONIC TRACKING DEVICE OR TRACKING

APPLICATION TO ENSURE THE SAFETY OF THE SENIOR CITIZEN OR

ADULT WITH A DISABILITY;

(5) BY THE OWNER, LESSEE OR CONTRACTOR OF A FLEET

VEHICLE WHO INSTALLS OR DIRECTS THE INSTALLATION OF THE

ELECTRONIC TRACKING DEVICE ON THE VEHICLE DURING THE PERIOD

OF OWNERSHIP, LEASE OR CONTRACT IF:

(I) THE ELECTRONIC TRACKING DEVICE IS REMOVED BEFORE

THE VEHICLE'S TITLE IS TRANSFERRED OR THE VEHICLE'S LEASE

EXPIRES;

(II) THE NEW OWNER OF THE VEHICLE, IN THE CASE OF A

SALE, THE LESSOR OF THE VEHICLE, IN THE CASE OF AN

EXPIRED LEASE OR THE CONTRACTOR, IN THE CASE OF AN

EXPIRED CONTRACTUAL AGREEMENT, CONSENTS IN WRITING TO THE

NONREMOVAL OF THE ELECTRONIC TRACKING DEVICE; OR

(III) THE OWNER OF THE VEHICLE AT THE TIME OF

INSTALLATION OF THE ELECTRONIC TRACKING DEVICE WAS THE

ORIGINAL MANUFACTURER OF THE VEHICLE;

(6) BY AN ELECTRONIC COMMUNICATIONS PROVIDER TO THE

EXTENT THAT THE INSTALLATION, PLACEMENT OR USE IS DISCLOSED

IN THE PROVIDER'S TERMS OF USE, PRIVACY POLICY OR SIMILAR

DOCUMENT AND ACCEPTED BY THE CUSTOMER; OR

(7) BY A PERSON ACTING IN GOOD FAITH ON BEHALF OF A

BUSINESS ENTITY FOR A LEGITIMATE BUSINESS INTEREST.

(C.3) VENUE FOR UNAUTHORIZED LOCATION TRACKING OFFENSE.--AN

OFFENSE COMMITTED UNDER SUBSECTION (C.1) MAY BE DEEMED TO HAVE

BEEN COMMITTED WHERE:

(1) THE INFORMATION WAS RECEIVED;

(2) THE VICTIM RESIDES; OR

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(3) THE PROPERTY IS LOCATED.

(C.4) GRADING FOR UNAUTHORIZED LOCATION TRACKING OFFENSE.--A

VIOLATION UNDER SUBSECTION (C.1) SHALL CONSTITUTE A MISDEMEANOR

OF THE THIRD DEGREE.

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Section 2. This act shall take effect in 60 days.

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