Pennsylvania HB 1477: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of stalking.

Bill Text

PRINTER'S NO. 2268
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1477
Session of
2025
INTRODUCED BY TOMLINSON, LABS, MARCELL, MAJOR, MIHALEK,
ARMANINI, STAATS AND GILLEN, SEPTEMBER 5, 2025
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 9, 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(c)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding a subsection to read:
§ 2709.1. Stalking.
* * *
(c) Grading.--
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(2) A second or subsequent offense under this section 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
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(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] second degree.
(c.1 ) Sentencing.--
(1) A person convicted of a second or subsequent offense
under this section shall be sentenced to a minimum sentence
of at least five years of total confinement.
(2) Notwithstanding section 1103 (relating to sentence
of imprisonment for felony), an offender sentenced to a
mandatory minimum sentence under this section shall be
sentenced to a maximum sentence equal to twice the mandatory
minimum sentence.
(3) The following apply to proof at sentencing:
(i) Provisions of this section shall not be an
element of the crime.
(ii) Notice to the defendant of the provisions of
this section shall not be required prior to conviction.
(iii) Reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided
after conviction and before sentencing.
(iv) The applicability of this section shall be
determined at sentencing.
(v) The sentencing court, prior to imposing sentence
on an offender under paragraph (1), shall have a complete
record of the previous convictions of the offender,
copies of which shall be furnished to the offender. The
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following apply:
(A) If the offender or the attorney for the
Commonwealth contests the accuracy of the record, the
court shall schedule a hearing and direct the
offender and the attorney for the Commonwealth to
submit evidence regarding the previous convictions of
the offender.
(B) The court shall then determine, by a
preponderance of the evidence, the previous
convictions of the offender and, if this section is
applicable, shall impose sentence in accordance with
this section.
(C) If a previous conviction is vacated and an
acquittal or final discharge is entered subsequent to
imposition of sentence under this section, the
offender shall have the right to petition the
sentencing court for reconsideration of sentence if
this section would not have been applicable except
for the conviction which was vacated.
(4) With respect to an offender to which this section is
applicable, a sentencing court may not:
(i) Impose on the offender a lesser sentence than is
provided under paragraphs (1) and (2).
(ii) Place the offender on probation or suspend the
sentence of the offender.
(5) Nothing in this section shall prevent a sentencing
court from imposing a sentence greater than that provided in
this section.
(6) Sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing shall not supersede the
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mandatory sentences provided in this section.
(7) I f a sentencing court refuses to apply this section
as applicable, the Commonwealth shall have the right to
appellate review of the action of the sentencing court. The
appellate court shall vacate the sentence and remand the case
to the sentencing court for the imposition of a sentence in
accordance with this section if the appellate court finds
that the sentence was imposed in violation of this section.
* * *
Section 2. This act shall take effect in 60 days.
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