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PRINTER'S NO. 1215
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
910
Session of
2017
INTRODUCED BY HAYWOOD, LEACH, WILLIAMS, COSTA, SCHWANK, BROWNE
AND HUGHES, SEPTEMBER 29, 2017
REFERRED TO JUDICIARY, SEPTEMBER 29, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, further providing for the offense of
terroristic threats and for the offense of terrorism and
providing for the offense of harboring or concealing
terrorists; and, in limitation of time, further providing for
no limitation applicable.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2706(a) and (e) and 2717(a), (b)(2) and
(c) of Title 18 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 2706. Terroristic threats.
(a) Offense defined.--A person commits the crime of
terroristic threats if the person communicates, either directly
or indirectly, a threat to:
(1) commit any crime of violence or personal injury
crime with intent to terrorize another;
(2) cause evacuation of a building, place of assembly or
facility of public transportation; or
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(3) otherwise cause serious public inconvenience, or
cause terror or serious public inconvenience with reckless
disregard of the risk of causing such terror or
inconvenience.
* * *
(e) [Definition.--As used in this section, the term
"communicates" means conveys] Definitions.--As used in this
section, the following words and phrases shall have the meanings
given to them in this subsection unless the context clearly
indicates otherwise:
"Communicates." Conveys in person or by written or
electronic means, including telephone, electronic mail,
Internet, facsimile, telex and similar transmissions.
"Crime of violence." As defined under 42 Pa.C.S. § 9714
(relating to sentences for second and subsequent offenses).
"Personal injury crime." As defined under section 103 of the
act of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act.
§ 2717. Terrorism.
(a) General rule.--A person is guilty of terrorism if he
commits or attempts or conspires with another or solicits
another to commit a violent offense intending to do any of the
following:
(1) Intimidate or coerce a civilian population.
(2) Influence the policy of a government by intimidation
or coercion.
(3) Affect the conduct of a government.
(b) Grading and penalty.--
* * *
(2) [If] Notwithstanding section 1103 (relating to
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sentence of imprisonment for felony), if the violent offense
is a felony of the first degree, a person convicted of an
offense under this section shall be sentenced [to a term of
imprisonment fixed by the court at not more than 40 years and
may be sentenced to pay a fine of not more than $100,000.] as
follows:
(i) If the offense results in bodily injury to one
or more persons, the person shall be sentenced to a term
of imprisonment fixed by the court of not more than 40
years and may be sentenced to pay a fine of not more than
$100,000.
(ii) If the offense results in serious bodily injury
to one or more persons, the person shall be sentenced to
a term of imprisonment fixed by the court of not more
than 60 years and may be sentenced to pay a fine of not
more than $200,000.
(iii) If the offense results in death to one or more
persons, the person shall be sentenced to a term fixed by
the court up to a maximum term of life imprisonment and
may be sentenced to pay a fine of not more than $500,000.
* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Dangerous to human life or property." A violent act or an
act which is intended to or likely to cause death, serious
bodily injury, bodily injury or mass destruction.
"Mass destruction." An act which is intended to or likely to
destroy or cause serious damage to transportation-related
infrastructure or facilities, energy-related infrastructure or
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facilities, public or private buildings, places of public
accommodation or public works under circumstances evincing
depraved indifference to human life or property.
"Violent offense." An offense under this part or 75 Pa.C.S.
Pt. III (relating to operation of vehicles), including an
attempt, conspiracy or solicitation to commit any such offense,
which is punishable by imprisonment of more than one year and
involves an act dangerous to human life or property.
Section 2. Title 18 is amended by adding a section to read:
§ 2717.1. Harboring or concealing terrorists.
(a) Offense defined.--A person is guilty of an offense if
the person harbors or conceals a person who the person knows, or
reasonably believes, has committed or is about to commit an
offense under one of the following:
(1) Section 2715 (relating to threat to use weapons of
mass destruction).
(2) Section 2716 (relating to weapons of mass
destruction).
(3) Section 2717 (relating to terrorism).
(4) Section 3301 (relating to arson and related
offenses).
(5) Section 3302 (relating to causing or risking
catastrophe).
(6) Section 5501 (relating to riot).
(7) Section 5515 (relating to prohibiting of
paramilitary training).
(b) Grading.--An offense under this section is a misdemeanor
of the first degree. A second or subsequent offense is a felony
of the third degree.
Section 3. Section 5551 of Title 42 is amended by adding a
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paragraph to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(7) A violation of 18 Pa.C.S. § 2717 (relating to
terrorism), including conspiracy to commit terrorism.
Section 4. This act shall take effect in 60 days.
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