Pennsylvania HB 407: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of stalking.

Bill Text

PRIOR PRINTER'S NO. 379 PRINTER'S NO. 1295
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 407
Session of
2025
INTRODUCED BY POWELL, KHAN, SANCHEZ, MARCELL, GIRAL, HILL-EVANS,
DONAHUE, HADDOCK, SCHLOSSBERG, CIRESI, DEASY, STEELE, GREEN,
GILLEN, LABS, K.HARRIS AND MULLINS, JANUARY 29, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 7, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of stalking.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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
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(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] subsec tion
(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.
(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.
(c) Grading for stalking offense.--
(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
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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 , PROGRAM OR
APPLICATION or causes the technological device , PROGRAM OR
APPLICATION 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
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
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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 el