PRINTER'S NO. 3918
No. 2528 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, providing for the offense of tampering with
4 Internet usage monitoring software or hardware and for
5 Internet usage monitoring.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 5113. Tampering with Internet usage monitoring software or
11 hardware.
12 A person monitored by the Pennsylvania Board of Probation and
13 Parole or county probation authorities under 42 Pa.C.S. § 9795.6
14 (relating to Internet usage monitoring) through software or
15 hardware who intentionally tampers with the monitoring software
16 or hardware commits a misdemeanor of the third degree. The term
17 "tampering," in addition to any physical act which is intended
1 to alter or interfere with the proper functioning of the
2 monitoring software or hardware, shall include attempting to
3 circumvent or bypass or circumventing or bypassing the
4 monitoring software or hardware.
5 Section 2. Title 42 is amended by adding a section to read:
6 § 9795.6. Internet usage monitoring.
7 (a) Supervisory monitoring of usage.--The Pennsylvania Board
8 of Probation and Parole and county probation authorities shall
9 monitor the Internet usage of persons subject to registration
10 under section 9795.1 (relating to registration) who are found by
11 the trier of fact to have utilized the Internet to facilitate
12 the commission of any offense referred to in section 9795.1 for
13 the duration of their period of probation or parole.
14 (b) Method of monitoring.--Not exclusive of any other method
15 permitted by law, Internet usage monitoring under subsection (a)
16 shall be conducted through the use of software or hardware
17 installed on all computers and computer-related equipment
18 capable of accessing the Internet owned or possessed and
19 personally used by the person being monitored which shall be
20 limited in scope to that which is necessary to prevent a future
21 sexually violent offense.
22 (c) Exception to monitoring requirement.--The Pennsylvania
23 Board of Probation and Parole and county probation authorities
24 may, on a case-by-case basis, forgo the supervision condition
25 required under subsection (a) for good cause. In every case
26 where a determination is made to forgo the supervision condition
27 required under subsection (a), a contemporaneous written
28 statement shall be provided setting forth the reason or reasons
29 for the deviation from the requirement under subsection (a).
30 (d) Costs.--A person monitored by software or hardware under
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1 this section shall bear the associated costs unless it is
2 determined that such costs would result in undue economic
3 hardship to the person.
4 Section 3. This act shall take effect in 60 days.
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