Regular Session 2021-2022 House Bill 1546 P.N. 3569

SENATE AMENDED

PRIOR PRINTER'S NO. 1785

PRINTER'S NO. 3569

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1546

Session of

2021

INTRODUCED BY FARRY, POLINCHOCK, WHITE, THOMAS, C. WILLIAMS,

STAATS, TOMLINSON, STEPHENS, QUINN, HENNESSEY AND RIGBY,

JUNE 11, 2021

SENATOR REGAN, LAW AND JUSTICE, IN SENATE, AS AMENDED,

OCTOBER 19, 2022

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in other offenses, providing for

confidentiality of personal information for public safety

officials.

AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA

CONSOLIDATED STATUTES, IN ASSAULT, PROVIDING FOR THE OFFENSE

OF ENDANGERMENT OF PUBLIC SAFETY OFFICIAL.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 7507.2. Confidentiality of personal information for public

safety officials.

(a) General rule.--

(1) No person shall publicly post, publicly display or

provide to a third party the home address or telephone number

of any public safety official or of any public safety

official's spouse or child knowing that the person is a

public safety official and that a third party is only seeking

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information because of the public safety official's

occupation and may cause to harm or threaten to harm the

public safety official or the public safety official's spouse

or child.

(2) No person, business or association shall solicit,

sell or trade on the Internet the home address or telephone

number of a public safety official that may cause harm to the

public safety official or to any person residing at the

public safety official's home address.

(b) Penalty.--

(1) A violation of subsection (a) is a misdemeanor of

the third degree, if there is no bodily injury of the public

safety official or the person's spouse or child.

(2) A violation of subsection (a) that leads to the

bodily injury of the public safety official or the person's

spouse or child is a misdemeanor of the first degree.

(1) Notwithstanding any other law, a public safety

official whose home address or telephone number is solicited,

sold or traded in violation of this section may bring an

action in a court of competent jurisdiction.

(2) If a jury or court finds that a violation has

occurred, damages shall be awarded to the public safety

official in an amount up to a maximum of three times the

actual damages, but not less than $2,000.

(d) Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Public safety official." An individual referred to in

section 2702(c) (relating to aggravated assault), except

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paragraphs (22), (26), (33) and (36). The term includes any

person who is determined to be a law enforcement officer for

purposes of the act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law. The term excludes an individual who is a

candidate for or holds an elective office.

"Publicly display" and "publicly post." To intentionally

communicate or otherwise make available to the general public,

including on the Internet.

Section 2. This act shall take effect in 90 days.

§ 2719. ENDANGERMENT OF PUBLIC SAFETY OFFICIAL.

(A) ENDANGERMENT OF PUBLIC SAFETY OFFICIAL.--A PERSON

COMMITS THE OFFENSE OF ENDANGERING A PUBLIC SAFETY OFFICIAL IF

THE PERSON INTENTIONALLY OR KNOWINGLY COMMUNICATES, OR PUBLISHES

THROUGH AN ELECTRONIC SOCIAL MEDIA SERVICE, THE RESTRICTED

PERSONAL INFORMATION OF A PUBLIC SAFETY OFFICIAL OR A FAMILY OR

HOUSEHOLD MEMBER OF A PUBLIC SAFETY OFFICIAL WITH:

(1) RECKLESS DISREGARD THAT THE RESTRICTED PERSONAL

INFORMATION WILL BE USED TO THREATEN, INTIMIDATE OR

FACILITATE THE COMMISSION OF A CRIME AGAINST THE PUBLIC

SAFETY OFFICIAL OR A FAMILY OR HOUSEHOLD MEMBER OF THE PUBLIC

SAFETY OFFICIAL; OR

(2) THE INTENT THAT THE RESTRICTED PERSONAL INFORMATION

WILL BE USED TO THREATEN, INTIMIDATE OR FACILITATE THE

COMMISSION OF A CRIME AGAINST THE PUBLIC SAFETY OFFICIAL OR A

FAMILY OR HOUSEHOLD MEMBER OF THE PUBLIC SAFETY OFFICIAL.

(B) GRADING.--

(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), AN OFFENSE

UNDER SUBSECTION (A) SHALL CONSTITUTE A MISDEMEANOR OF THE

FIRST DEGREE.

(2) AN OFFENSE UNDER SUBSECTION (A) THAT RESULTS IN

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BODILY INJURY TO A PUBLIC SAFETY OFFICIAL OR A FAMILY OR

HOUSEHOLD MEMBER OF A PUBLIC SAFETY OFFICIAL SHALL CONSTITUTE

A FELONY OF THE SECOND DEGREE.

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"COMMUNICATE." CONVEY A MESSAGE BY ORAL, NONVERBAL, WRITTEN

OR ELECTRONIC MEANS, INCLUDING TELEPHONE, ELECTRONIC MAIL,

INTERNET, FACSIMILE, TELEX, WIRELESS COMMUNICATION OR SIMILAR

TRANSMISSION.

"FAMILY OR HOUSEHOLD MEMBER." SPOUSES OR PERSONS WHO HAVE

BEEN SPOUSES, PERSONS LIVING AS SPOUSES OR WHO LIVED AS SPOUSES,

PARENTS, CHILDREN, OTHER PERSONS RELATED BY CONSANGUINITY OR

AFFINITY, CURRENT OR FORMER SEXUAL OR INTIMATE PARTNERS OR

PERSONS WHO SHARE BIOLOGICAL PARENTHOOD.

"PUBLIC SAFETY OFFICIAL." AN INDIVIDUAL LISTED UNDER SECTION

2702(C) (RELATING TO AGGRAVATED ASSAULT).

"RESTRICTED PERSONAL INFORMATION." AN INDIVIDUAL'S IMAGE,

NAME, SOCIAL SECURITY NUMBER, HOME ADDRESS, HOME PHONE NUMBER,

MOBILE PHONE NUMBER, PERSONAL EMAIL OR HOME FAX NUMBER.

SECTION 2. THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

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