PRINTER'S NO. 1931
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1369
Session of
2015
INTRODUCED BY BOYLE, D. COSTA, THOMAS, FRANKEL, SCHLOSSBERG,
MILLARD, COHEN, DeLUCA, KORTZ, BROWNLEE, READSHAW, MURT,
ROZZI AND FARRY, JUNE 25, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for GPS electronic monitoring devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9778. GPS electronic monitoring devices.
(a) General rule.--The court may require a GPS electronic
monitoring device to be placed on an individual if the
individual is found:
(1) (i) to be in violation of the provisions of 61
Pa.C.S. § 6138 (relating to violation of terms of
parole); and
(ii) to present a substantial risk of committing a
crime punishable by imprisonment; or
(2) (i) to be in violation of the provisions of 23
Pa.C.S. § 6113 (relating to arrest for violation of
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order); and
(ii) to present a substantial risk of inflicting
abuse as defined in 23 Pa.C.S. § 6102 (relating to
definitions) on the plaintiff or minor children, or both,
covered by the protection from abuse order.
(b) Time period.--The court shall order that:
(1) An individual subject to subsection (a)(1) wear the
GPS electronic monitoring device for a reasonable period of
time as determined by the court.
(2) An individual subject to subsection (a)(2) wear the
GPS electronic monitoring device for a period not to exceed
the term of the protection from abuse order or renewal
thereof.
(c) Hearing.--
(1) In the event a court orders the individual to wear a
GPS monitoring device for a time period less than the
remainder of the term of the protection from abuse order, the
court shall notify the plaintiff and minor children protected
by the protection from abuse order of the impending removal
of the device at least 30 days prior to its removal.
(2) The plaintiff and minor children covered by the
protection from abuse order shall have the right to request a
hearing with the court, and request, subject to subsection
(b)(2), an extension of the order for wearing the GPS
monitoring device by the defendant.
(3) If the plaintiff or minor children covered by the
protection from abuse order request a hearing, the GPS
electronic monitoring device may not be removed until the
hearing has taken place.
(4) The court may extend the order mandating the
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plaintiff wear a GPS electronic monitoring device until the
expiration of the protection from abuse order.
(d) Removal of GPS electronic monitoring device.--A GPS
electronic monitoring device may not be removed from the
individual ordered to wear it until 30 days after the time
period established under subsection (b) or (c) expires.
(e) Costs.--The individual ordered to wear the GPS
electronic monitoring device shall be responsible for the costs
associated with the GPS electronic monitoring device.
(f) Definitions.--The following words and phrases, as used
in this section, shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"GPS." A global positioning system operated by the United
States Department of Defense that provides specially coded
satellite signals that may be processed by a receiver to compute
location.
"GPS electronic monitoring device." A device that enables
the location of an individual wearing the device to be recorded
through use of GPS and related technology and is designed so
that the device:
(1) Passively monitors, identifies and records location
data.
(2) Permits the Pennsylvania State Police and any local
police department to download location data, record it
securely and confidentially retain it indefinitely.
(3) May be worn around an individual's wrist or ankle.
(4) Once fitted around an individual's wrist or ankle,
may not be removed without employing specialized equipment
specifically designed for that purpose.
Section 2. This act shall take effect in 60 days.
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