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                                                      PRINTER'S NO. 3917

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2527 Session of 2008


        INTRODUCED BY R. TAYLOR, LENTZ, BELFANTI, BRENNAN, BOBACK,
           CONKLIN, CURRY, DePASQUALE, FRANKEL, GEORGE, GIBBONS,
           GOODMAN, GRUCELA, HARHAI, HARKINS, HORNAMAN, KORTZ, KOTIK,
           LEACH, MAHONEY, MANN, McCALL, McILHATTAN, MELIO, MOYER, MURT,
           ROCK, SAYLOR, SCAVELLO, SHAPIRO, SIPTROTH, M. SMITH, SOLOBAY,
           SURRA, J. TAYLOR, WANSACZ, J. WHITE, YOUNGBLOOD, BEYER,
           HENNESSEY, HERSHEY, D. O'BRIEN, GEIST AND MOUL, JUNE 11, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 2008

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, further providing for electronic monitoring.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 5113.  Unlawful tampering with required monitoring system.
     9     A person monitored by the Pennsylvania Board of Probation and
    10  Parole or county probation authorities through any means of
    11  electronic monitoring, including global positioning system
    12  technology, who intentionally tampers with the electronic
    13  monitoring commits a misdemeanor of the third degree. The term
    14  "tampering," in addition to any physical act which is intended
    15  to alter or interfere with the proper functioning of the
    16  electronic monitoring, shall include attempting to circumvent or

     1  bypass or circumventing or bypassing the electronic monitoring.
     2     Section 2.  Section 9798.3 of Title 42 is amended to read:
     3  § 9798.3.  [Global positioning system technology] Electronic
     4             monitoring.
     5     (a)  Supervision conditions.--The Pennsylvania Board of
     6  Probation and Parole and county probation authorities may impose
     7  supervision conditions that include offender tracking through
     8  any means of electronic monitoring, which may include global
     9  positioning system technology.
    10     (b)  Mandatory supervisory tracking.--Except as provided
    11  under subsection (d), a supervising State or county probation or
    12  parole authority shall track the following for the duration of
    13  their period of probation or parole through electronic
    14  monitoring:
    15         (1)  Sexually violent predators convicted of a sexually
    16     violent offense against a minor.
    17         (2)  Persons convicted of a sexually violent offense
    18     occurring on or after first being subject to a period of
    19     registration under section 9795.1 (relating to registration).
    20     (c)  Costs.--A person tracked through electronic monitoring
    21  shall bear the associated costs unless it is determined that
    22  such costs would result in undue economic hardship to the
    23  person.
    24     (d)  Exceptions.--The Pennsylvania Board of Probation and
    25  Parole and county probation authorities may, on a case-by-case
    26  basis, forgo the use of electronic monitoring required under
    27  subsection (b) upon a determination that its use will not assist
    28  in supervision and will not provide additional public protection
    29  safeguards. In every case where a determination is made to forgo
    30  the use of electronic monitoring pursuant to this subsection, a
    20080H2527B3917                  - 2 -     

     1  contemporaneous written statement shall be provided setting
     2  forth the reason or reasons for the deviation from the
     3  requirement under subsection (b).
     4     Section 3.  This act shall take effect in 60 days.


















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