Pennsylvania SB 741: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, providing for the offense of unauthorized use of electronic tracking device.

Bill Text

PRINTER'S NO. 802
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 741
Session of
2025
INTRODUCED BY LANGERHOLC, KEEFER, BROWN, ROBINSON, LAUGHLIN,
PHILLIPS-HILL, BARTOLOTTA, J. WARD, COMITTA, DUSH, SCHWANK,
STEFANO, FONTANA, TARTAGLIONE, COSTA, FLYNN AND KANE,
MAY 13, 2025
REFERRED TO JUDICIARY, MAY 13, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of unauthorized use of electronic tracking device.
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. Unauthorized use of electronic tracking device.
(a) Offense defined.--A person commits the offense of
unauthorized use of an electronic tracking device when the
person installs or places an electronic tracking device without
consent, or causes an electronic tracking device to be installed
or placed on the person or property of another person without
consent, and uses the electronic tracking device to track the
location or movement of the other person within this
Commonwealth.
(b) Exceptions.--The provisions of this section shall not
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

apply to the installation, placement or use of an electronic
tracking device by:
(1) Unless prohibited by court order, the parent or
legal guardian of a minor when tracking:
(i) The minor.
(ii) A person authorized by the parent or legal
guardian as a caretaker of the minor at any time when the
minor is under the caretaker's sole care.
(2) A legally authorized guardian of an incapacitated
person as defined in 20 Pa.C.S. § 5902 (relating to
definitions).
(3) A caregiver or family member of a senior citizen or
adult with a disability, if a physician of the senior citizen
or adult with a disability recommends the installation of a
tracking device or tracking application to ensure the safety
of the elderly person or disabled adult.
(4) An investigative officer, law enforcement officer or
agency while conducting an investigation, when the officer or
agency is engaged in the lawful performance of official
duties and is otherwise acting in accordance with other
Federal and State laws.
(5) A law enforcement officer pursuant to a court order
or as a condition of supervision for a pretrial diversionary
program, probation or parole.
(c) Applicability.--Nothing in this section shall be
construed to apply to any of the following who has obtained
informed consent for the placement of an electronic tracking
device and is acting in good faith furthering a business
interest:
(1) An owner, lessee or contractor of fleet vehicles.
20250SB0741PN0802 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

(2) An electronic communications provider.
(3) A business entity.
(d) Grading.--
(1) A first offense under this section constitutes a
misdemeanor of the second degree.
(2) The following offenses shall constitute a
misdemeanor of the first degree:
(i) A second or subsequent offense under this
section.
(ii) Any offense in which the offender is subject to
a protection order issued under:
(A) 23 Pa.C.S. § 6108 (relating to relief)
regarding the victim; or
(B) a condition of bail imposed in a separate
pending matter.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Electronic tracking device." An electronic or mechanical
device that permits an individual to remotely determine or track
the position and movement of another individual or the property
of another individual.
"Fleet vehicle." One or more motor vehicles:
(1) owned, leased or contracted by any of the following
for business or government purposes:
(i) An entity.
(ii) An employee of the entity.
(iii) An agent of the entity.
(iv) An individual authorized to operate the fleet
vehicle in compliance with a contract between the entity
20250SB0741PN0802 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

and another party;
(2) held for lease or rental to the general public; or
(3) held for sale by a motor vehicle dealer.
Section 2. This act shall take effect in 60 days.
20250SB0741PN0802 - 4 -
1
2
3
4