PRIOR PRINTER'S NOS. 3124, 4564 PRINTER'S NO. 4627
No. 2270 Session of 2002
INTRODUCED BY MAITLAND, CLARK, FEESE, BARD, BEBKO-JONES,
BENNINGHOFF, CAPPELLI, COY, CREIGHTON, FRANKEL, GEIST,
HARHAI, HUTCHINSON, LAUGHLIN, McGEEHAN, McILHATTAN,
R. MILLER, NICKOL, PICKETT, PISTELLA, READSHAW, RUBLEY,
SAYLOR, SHANER, SOLOBAY, STABACK, STERN, E. Z. TAYLOR, TIGUE,
WATSON, HENNESSEY, TURZAI, J. TAYLOR, SEMMEL, YOUNGBLOOD,
M. COHEN, McGILL, CRUZ AND STEELMAN, JANUARY 4, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 19, 2002
AN ACT
1 Amending Titles 5 (Athletics and Sports), 18 (Crimes and
2 Offenses), 23 (Domestic Relations) and 42 (Judiciary and
3 Judicial Procedure) of the Pennsylvania Consolidated
4 Statutes, further providing for harassment and stalking; and
5 making conforming amendments.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3304(a)(2) of Title 5 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 3304. Issuance of registration to certain persons prohibited.
11 (a) Prior criminal acts.--The commission shall not issue
12 athletic agent registration to or renew the athletic agent
13 registration of a person who has been convicted of any of the
14 following offenses, or any comparable offense in another
15 jurisdiction, within ten years of the date of application:
16 * * *
1 (2) An offense under the following provisions of 18
2 Pa.C.S. (relating to crimes and offenses):
3 Section 902 (relating to criminal solicitation).
4 Section 908 (relating to prohibited offensive weapons).
5 Section 2502 (relating to murder).
6 Section 2709(a)(4), (5), (6) or (7) (relating to
7 harassment).
8 Section 2709.1 (relating to stalking).
9 Section 2901 (relating to kidnapping).
10 Section 3121 (relating to rape).
11 Section 3126 (relating to indecent assault).
12 Section 3923 (relating to theft by extortion).
13 Section 4109 (relating to rigging publicly exhibited
14 contest).
15 Section 4302 (relating to incest).
16 Section 4304 (relating to endangering welfare of
17 children).
18 Section 4305 (relating to dealing in infant children).
19 Section 4701 (relating to bribery in official and
20 political matters).
21 Section 4902 (relating to perjury).
22 Section 5501 (relating to riot).
23 [Section 5504 (relating to harassment by communication or
24 address).]
25 Section 5512 (relating to lotteries, etc.).
26 Section 5513 (relating to gambling devices, gambling,
27 etc.).
28 Section 5514 (relating to pool selling and bookmaking).
29 Section 5901 (relating to open lewdness).
30 Section 5902 (relating to prostitution and related
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1 offenses).
2 Section 5903 (relating to obscene and other sexual
3 materials and performances).
4 Section 5904 (relating to public exhibition of insane or
5 deformed person).
6 Section 6301 (relating to corruption of minors).
7 Section 6312 (relating to sexual abuse of children).
8 Section 7107 (relating to unlawful actions by athlete
9 agents).
10 * * *
11 Section 1.1. Section 2709 heading and (a), (b), (c), (d),
12 (e.1) and (f) of Title 18 are amended and the section is amended
13 by adding a subsection to read:
14 § 2709. Harassment [and stalking].
15 (a) [Harassment] Offense defined.--A person commits the
16 crime of harassment when, with intent to harass, annoy or alarm
17 another, the person:
18 (1) strikes, shoves, kicks or otherwise subjects the
19 other person to physical contact, or attempts or threatens to
20 do the same;
21 (2) follows the other person in or about a public place
22 or places; [or]
23 (3) engages in a course of conduct or repeatedly commits
24 acts which serve no legitimate purpose[.];
25 (4) communicates to or about such other person any lewd,
26 lascivious, threatening or obscene words, language, drawings
27 or caricatures;
28 (5) communicates repeatedly in an anonymous manner;
29 (6) communicates repeatedly at extremely inconvenient
30 hours; or
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1 (7) communicates repeatedly in a manner other than
2 specified in paragraphs (4), (5) and (6).
3 [(b) Stalking.--A person commits the crime of stalking when
4 he engages in a course of conduct or repeatedly commits acts
5 toward another person, including following the person without
6 proper authority, under circumstances which demonstrate either
7 of the following:
8 (1) an intent to place the person in reasonable fear of
9 bodily injury; or
10 (2) an intent to cause substantial emotional distress to
11 the person.
12 (c) Grading.--
13 (1) An offense under subsection (a) shall constitute a
14 summary offense.
15 (2) (i) An offense under subsection (b) shall
16 constitute a misdemeanor of the first degree.
17 (ii) A second or subsequent offense under subsection
18 (b) or a first offense under subsection (b) if the person
19 has been previously convicted of any crime of violence
20 involving this same victim, family or household members,
21 including, but not limited to, a violation of section
22 2701 (relating to simple assault), 2702 (relating to
23 aggravated assault), 2705 (relating to recklessly
24 endangering another person), 2901 (relating to
25 kidnapping), 3121 (relating to rape), 3123 (relating to
26 involuntary deviate sexual intercourse) or 3128 (relating
27 to spousal sexual assault), an order issued under section
28 4954 (relating to protective orders) or an order issued
29 under 23 Pa.C.S. § 6108 (relating to relief), shall
30 constitute a felony of the third degree.]
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1 (b.1) Venue.--
2 (1) An offense committed under this section may be
3 deemed to have been committed at either the place at which
4 the communication or communications were made or at the place
5 where the communication or communications were received.
6 (2) Acts indicating a course of conduct which occur in
7 more than one jurisdiction may be used by any other
8 jurisdiction in which an act occurred as evidence of a
9 continuing pattern of conduct or a course of conduct.
10 (c) Grading.--An offense under this section shall constitute <--
11 a summary offense.
12 (C) GRADING.-- <--
13 (1) AN OFFENSE UNDER SUBSECTION (A)(1), (2) OR (3) SHALL
14 CONSTITUTE A SUMMARY OFFENSE.
15 (2) AN OFFENSE UNDER SUBSECTION (A)(4), (5), (6) OR (7)
16 SHALL CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE.
17 [(d) False reports.--A person who knowingly gives false
18 information to any law enforcement officer with the intent to
19 implicate another under this section commits an offense under
20 section 4906 (relating to false reports to law enforcement
21 authorities).]
22 * * *
23 [(e.1) Course of conduct.--Acts indicating a course of
24 conduct which occur in more than one jurisdiction may be used by
25 any other jurisdiction in which an act occurred as evidence of a
26 continuing pattern of conduct or a course of conduct.]
27 (f) Definitions.--As used in this section, the following
28 words and phrases shall have the meanings given to them in this
29 subsection:
30 "Communicates." Conveys a message without intent of
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1 legitimate communication or address by oral, nonverbal, written
2 or electronic means, including telephone, electronic mail,
3 Internet, facsimile, telex, wireless communication or similar
4 transmission.
5 "Course of conduct." A pattern of actions composed of more
6 than one act over a period of time, however short, evidencing a
7 continuity of conduct. [The term includes lewd, lascivious,
8 threatening or obscene words, language, drawings, caricatures or
9 actions, either in person or anonymously.] Acts indicating a
10 course of conduct which occur in more than one jurisdiction may
11 be used by any other jurisdiction in which an act occurred as
12 evidence of a continuing pattern of conduct or a course of
13 conduct.
14 ["Emotional distress." A temporary or permanent state of
15 great physical or mental strain.
16 "Family or household member." Spouses or persons who have
17 been spouses, persons living as spouses or who lived as spouses,
18 parents and children, other persons related by consanguinity or
19 affinity, current or former sexual or intimate partners or
20 persons who share biological parenthood.]
21 Section 2. Title 18 is amended by adding a section to read:
22 § 2709.1. Stalking.
23 (a) Offense defined.--A person commits the crime of stalking
24 when the person either:
25 (1) engages in a course of conduct or repeatedly commits
26 acts toward another person, including following the person
27 without proper authority, under circumstances which
28 demonstrate either an intent to place such other person in
29 reasonable fear of bodily injury or to cause substantial
30 emotional distress to such other person; or
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1 (2) engages in a course of conduct or repeatedly
2 communicates to another person under circumstances which
3 demonstrate or communicate either an intent to place such
4 other person in reasonable fear of bodily injury or to cause
5 substantial emotional distress to such other person.
6 (b) Venue.--
7 (1) An offense committed under this section may be
8 deemed to have been committed at either the place at which
9 the communication or communications were made or at the place
10 where the communication or communications were received.
11 (2) Acts indicating a course of conduct which occur in
12 more than one jurisdiction may be used by any other
13 jurisdiction in which an act occurred as evidence of a
14 continuing pattern of conduct or a course of conduct.
15 (c) Grading.--
16 (1) An offense under this section shall constitute a
17 misdemeanor of the first degree.
18 (2) A second or subsequent offense under this section or
19 a first offense under this section if the person has been
20 previously convicted of any crime of violence involving the
21 same victim, family or household members, including, but not
22 limited to, a violation of section 2701 (relating to simple
23 assault), 2702 (relating to aggravated assault), 2705
24 (relating to recklessly endangering another person), 2901
25 (relating to kidnapping), 3121 (relating to rape) or 3123
26 (relating to involuntary deviate sexual intercourse), an
27 order issued under section 4954 (relating to protective
28 orders) or an order issued under 23 Pa.C.S. § 6108 (relating
29 to relief), shall constitute a felony of the third degree.
30 (d) Application of section.--This section shall not apply to
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1 conduct by a party to a labor dispute as defined in the act of
2 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
3 Injunction Act, or to any constitutionally protected activity.
4 (e) Definitions.--As used in this section, the following
5 words and phrases shall have the meanings given to them in this
6 subsection:
7 "Communicates." To convey a message without intent of
8 legitimate communication or address by oral, nonverbal, written
9 or electronic means, including telephone, electronic mail,
10 Internet, facsimile, telex, wireless communication or similar
11 transmission.
12 "Course of conduct." A pattern of actions composed of more
13 than one act over a period of time, however short, evidencing a
14 continuity of conduct. The term includes lewd, lascivious,
15 threatening or obscene words, language, drawings, caricatures or
16 actions, either in person or anonymously. Acts indicating a
17 course of conduct which occur in more than one jurisdiction may
18 be used by any other jurisdiction in which an act occurred as
19 evidence of a continuing pattern of conduct or a course of
20 conduct.
21 "Emotional distress." A temporary or permanent state of
22 great physical or mental strain.
23 "Family or household member." Spouses or persons who have
24 been spouses, persons living as spouses or who lived as spouses,
25 parents and children, other persons related by consanguinity or
26 affinity, current or former sexual or intimate partners or
27 persons who share biological parenthood.
28 Section 3. Sections 2710(a), 2711(a), 4954, 4955(a)(2),
29 5504, 5708(1) and (2) and 6105(b) of Title 18 are amended to
30 read:
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1 § 2710. Ethnic intimidation.
2 (a) Offense defined.--A person commits the offense of ethnic
3 intimidation if, with malicious intention toward the race,
4 color, religion or national origin of another individual or
5 group of individuals, he commits an offense under any other
6 provision of this article or under Chapter 33 (relating to
7 arson, criminal mischief and other property destruction)
8 exclusive of section 3307 (relating to institutional vandalism)
9 or under section 3503 (relating to criminal trespass) [or under
10 section 5504 (relating to harassment by communication or
11 address)] with respect to such individual or his or her property
12 or with respect to one or more members of such group or to their
13 property.
14 * * *
15 § 2711. Probable cause arrests in domestic violence cases.
16 (a) General rule.--A police officer shall have the same
17 right of arrest without a warrant as in a felony whenever he has
18 probable cause to believe the defendant has violated section
19 2504 (relating to involuntary manslaughter), 2701 (relating to
20 simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
21 assault), 2705 (relating to recklessly endangering another
22 person), 2706 (relating to terroristic threats) or [2709(b)
23 (relating to harassment and stalking)] 2709.1 (relating to
24 stalking) against a family or household member although the
25 offense did not take place in the presence of the police
26 officer. A police officer may not arrest a person pursuant to
27 this section without first observing recent physical injury to
28 the victim or other corroborative evidence. For the purposes of
29 this subsection, the term "family or household member" has the
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1 meaning given that term in 23 Pa.C.S. § 6102 (relating to
2 definitions).
3 * * *
4 § 4954. Protective orders.
5 Any court with jurisdiction over any criminal matter may,
6 after a hearing and in its discretion, upon substantial
7 evidence, which may include hearsay or the declaration of the
8 prosecutor that a witness or victim has been intimidated or is
9 reasonably likely to be intimidated, issue protective orders,
10 including, but not limited to, the following:
11 (1) An order that a defendant not violate any provision
12 of this subchapter or section 2709 (relating to harassment
13 [and stalking]) or 2709.1 (relating to stalking).
14 (2) An order that a person other than the defendant,
15 including, but not limited to, a subpoenaed witness, not
16 violate any provision of this subchapter.
17 (3) An order that any person described in paragraph (1)
18 or (2) maintain a prescribed geographic distance from any
19 specified witness or victim.
20 (4) An order that any person described in paragraph (1)
21 or (2) have no communication whatsoever with any specified
22 witness or victim, except through an attorney under such
23 reasonable restrictions as the court may impose.
24 § 4955. Violation of orders.
25 (a) Punishment.--Any person violating any order made
26 pursuant to section 4954 (relating to protective orders) may be
27 punished in any of the following ways:
28 * * *
29 (2) As a contempt of the court making such order. No
30 finding of contempt shall be a bar to prosecution for a
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1 substantive offense under section 2709 (relating to
2 harassment [and stalking]), 2709.1 (relating to stalking),
3 4952 (relating to intimidation of witnesses or victims) or
4 4953 (relating to retaliation against witness or victim),
5 but:
6 (i) any person so held in contempt shall be entitled
7 to credit for any punishment imposed therein against any
8 sentence imposed on conviction of said substantive
9 offense; and
10 (ii) any conviction or acquittal for any substantive
11 offense under this title shall be a bar to subsequent
12 punishment for contempt arising out of the same act.
13 * * *
14 [§ 5504. Harassment and stalking by communication or address.
15 (a) Harassment by communication or address.--A person
16 commits the crime of harassment by communication or address
17 when, with intent to harass, annoy or alarm another, the person:
18 (1) communicates to or about such other person any lewd,
19 lascivious, threatening or obscene words, language, drawings
20 or caricatures; or
21 (2) communicates repeatedly in an anonymous manner;
22 (3) communicates repeatedly at extremely inconvenient
23 hours; or
24 (4) communicates repeatedly in a manner not covered by
25 paragraph (2) or (3).
26 (a.1) Stalking by communication or address.--A person
27 commits the crime of stalking by communication or address when
28 the person engages in a course of conduct or repeatedly
29 communicates to another under circumstances which demonstrate or
30 communicate either of the following:
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1 (1) An intent to place such other person in reasonable
2 fear of bodily injury.
3 (2) An intent to cause substantial emotional distress to
4 such other person.
5 (b) Venue.--Any offense committed under subsection (a) or
6 (a.1) may be deemed to have been committed at either the place
7 at which the communication or communications were made or at the
8 place where the communication or communications were received.
9 (c) Grading.--
10 (1) An offense under subsection (a) shall constitute a
11 misdemeanor of the third degree.
12 (2) Except as set forth under paragraph (3) or (4), an
13 offense under subsection (a.1) shall constitute a misdemeanor
14 of the first degree.
15 (3) A second or subsequent offense under subsection
16 (a.1) shall constitute a felony of the third degree.
17 (4) A first offense under subsection (a.1) if the person
18 has been previously convicted of any crime of violence
19 involving this same victim, family or household members,
20 including, but not limited to, a violation of section 2701
21 (relating to simple assault), 2702 (relating to aggravated
22 assault), 2705 (relating to recklessly endangering another
23 person), 2709 (relating to harassment and stalking), 2901
24 (relating to kidnapping), 3121 (relating to rape), 3123
25 (relating to involuntary deviate sexual intercourse) or
26 3124.1 (relating to sexual assault), an order issued under
27 section 4954 (relating to protective orders) or an order
28 issued under 23 Pa.C.S. § 6108 (relating to relief), shall
29 constitute a felony of the third degree.
30 (d) False reports.--A person who knowingly gives false
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1 information to any law enforcement officer with the intent to
2 implicate another under this section commits an offense under
3 section 4906 (relating to false reports to law enforcement
4 authorities).
5 (e) Application of section.--This section shall not apply to
6 conduct by a party to a labor dispute as defined in the act of
7 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
8 Injunction Act, or to any constitutionally protected activity.
9 (f) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Communicates." Conveys, without intent of legitimate
13 communication or address, by written or electronic means,
14 including telephone, electronic mail, Internet, facsimile, telex
15 and similar transmissions.
16 "Course of conduct." A pattern of actions composed of more
17 than one act over a period of time, however short, evidencing a
18 continuity of conduct. Acts indicating a course of conduct which
19 occur in more than one jurisdiction may be used by any other
20 jurisdiction in which an act occurred as evidence of a
21 continuing pattern of conduct or a course of conduct.
22 "Emotional distress." A temporary or permanent state of
23 mental anguish.
24 "Family or household member." Spouses or persons who have
25 been spouses, persons living as spouses or who lived as spouses,
26 parents and children, other persons related by consanguinity or
27 affinity, current or former sexual or intimate partners or
28 persons who share biological parenthood.]
29 § 5708. Order authorizing interception of wire, electronic or
30 oral communications.
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1 The Attorney General, or, during the absence or incapacity of
2 the Attorney General, a deputy attorney general designated in
3 writing by the Attorney General, or the district attorney or,
4 during the absence or incapacity of the district attorney, an
5 assistant district attorney designated in writing by the
6 district attorney of the county wherein the interception is to
7 be made, may make written application to any Superior Court
8 judge for an order authorizing the interception of a wire,
9 electronic or oral communication by the investigative or law
10 enforcement officers or agency having responsibility for an
11 investigation involving suspected criminal activities when such
12 interception may provide evidence of the commission of any of
13 the following offenses, or may provide evidence aiding in the
14 apprehension of the perpetrator or perpetrators of any of the
15 following offenses:
16 (1) Under this title:
17 Section 911 (relating to corrupt organizations)
18 Section 2501 (relating to criminal homicide)
19 Section 2502 (relating to murder)
20 Section 2503 (relating to voluntary manslaughter)
21 Section 2702 (relating to aggravated assault)
22 Section 2706 (relating to terroristic threats)
23 [Section 2709(b) (relating to harassment and
24 stalking)]
25 Section 2709.1 (relating to stalking)
26 Section 2716 (relating to weapons of mass
27 destruction)
28 Section 2901 (relating to kidnapping)
29 Section 3121 (relating to rape)
30 Section 3123 (relating to involuntary deviate sexual
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1 intercourse)
2 Section 3124.1 (relating to sexual assault)
3 Section 3125 (relating to aggravated indecent
4 assault)
5 Section 3301 (relating to arson and related offenses)
6 Section 3302 (relating to causing or risking
7 catastrophe)
8 Section 3502 (relating to burglary)
9 Section 3701 (relating to robbery)
10 Section 3921 (relating to theft by unlawful taking or
11 disposition)
12 Section 3922 (relating to theft by deception)
13 Section 3923 (relating to theft by extortion)
14 Section 4701 (relating to bribery in official and
15 political matters)
16 Section 4702 (relating to threats and other improper
17 influence in official and political matters)
18 Section 5512 (relating to lotteries, etc.)
19 Section 5513 (relating to gambling devices, gambling,
20 etc.)
21 Section 5514 (relating to pool selling and
22 bookmaking)
23 Section 5516 (relating to facsimile weapons of mass
24 destruction)
25 Section 6318 (relating to unlawful contact or
26 communication with minor)
27 (2) Under this title, where such offense is dangerous to
28 life, limb or property and punishable by imprisonment for
29 more than one year:
30 Section 910 (relating to manufacture, distribution or
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1 possession of devices for theft of telecommunications
2 services)
3 Section 2709(a)(4), (5), (6) or (7) (relating to
4 harassment)
5 Section 3925 (relating to receiving stolen property)
6 Section 3926 (relating to theft of services)
7 Section 3927 (relating to theft by failure to make
8 required disposition of funds received)
9 Section 3933 (relating to unlawful use of computer)
10 Section 4108 (relating to commercial bribery and
11 breach of duty to act disinterestedly)
12 Section 4109 (relating to rigging publicly exhibited
13 contest)
14 Section 4117 (relating to insurance fraud)
15 Section 4305 (relating to dealing in infant children)
16 Section 4902 (relating to perjury)
17 Section 4909 (relating to witness or informant taking
18 bribe)
19 Section 4911 (relating to tampering with public
20 records or information)
21 Section 4952 (relating to intimidation of witnesses
22 or victims)
23 Section 4953 (relating to retaliation against witness
24 or victim)
25 Section 5101 (relating to obstructing administration
26 of law or other governmental function)
27 Section 5111 (relating to dealing in proceeds of
28 unlawful activities)
29 Section 5121 (relating to escape)
30 [Section 5504 (relating to harassment by
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1 communication or address)]
2 Section 5902 (relating to prostitution and related
3 offenses)
4 Section 5903 (relating to obscene and other sexual
5 materials and performances)
6 Section 7313 (relating to buying or exchanging
7 Federal food order coupons, stamps, authorization cards
8 or access devices)
9 * * *
10 § 6105. Persons not to possess, use, manufacture, control, sell
11 or transfer firearms.
12 * * *
13 (b) Enumerated offenses.--The following offenses shall apply
14 to subsection (a):
15 Section 908 (relating to prohibited offensive weapons).
16 Section 911 (relating to corrupt organizations).
17 Section 912 (relating to possession of weapon on school
18 property).
19 Section 2502 (relating to murder).
20 Section 2503 (relating to voluntary manslaughter).
21 Section 2504 (relating to involuntary manslaughter) if
22 the offense is based on the reckless use of a firearm.
23 Section 2702 (relating to aggravated assault).
24 Section 2703 (relating to assault by prisoner).
25 Section 2704 (relating to assault by life prisoner).
26 [Section 2709 (relating to harassment and stalking) if
27 the offense relates to stalking.]
28 Section 2709.1 (relating to stalking).
29 Section 2716 (relating to weapons of destruction).
30 Section 2901 (relating to kidnapping).
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1 Section 2902 (relating to unlawful restraint).
2 Section 2910 (relating to luring a child into a motor
3 vehicle).
4 Section 3121 (relating to rape).
5 Section 3123 (relating to involuntary deviate sexual
6 intercourse).
7 Section 3125 (relating to aggravated indecent assault).
8 Section 3301 (relating to arson and related offenses).
9 Section 3302 (relating to causing or risking
10 catastrophe).
11 Section 3502 (relating to burglary).
12 Section 3503 (relating to criminal trespass) if the
13 offense is graded a felony of the second degree or higher.
14 Section 3701 (relating to robbery).
15 Section 3702 (relating to robbery of motor vehicle).
16 Section 3921 (relating to theft by unlawful taking or
17 disposition) upon conviction of the second felony offense.
18 Section 3923 (relating to theft by extortion) when the
19 offense is accompanied by threats of violence.
20 Section 3925 (relating to receiving stolen property) upon
21 conviction of the second felony offense.
22 Section 4912 (relating to impersonating a public servant)
23 if the person is impersonating a law enforcement officer.
24 Section 4952 (relating to intimidation of witnesses or
25 victims).
26 Section 4953 (relating to retaliation against witness or
27 victim).
28 Section 5121 (relating to escape).
29 Section 5122 (relating to weapons or implements for
30 escape).
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1 Section 5501(3) (relating to riot).
2 Section 5515 (relating to prohibiting of paramilitary
3 training).
4 Section 5516 (relating to facsimile weapons of mass
5 destruction).
6 Section 6110.1 (relating to possession of firearm by
7 minor).
8 Section 6301 (relating to corruption of minors).
9 Section 6302 (relating to sale or lease of weapons and
10 explosives).
11 Any offense equivalent to any of the above-enumerated
12 offenses under the prior laws of this Commonwealth or any
13 offense equivalent to any of the above-enumerated offenses
14 under the statutes of any other state or of the United
15 States.
16 * * *
17 Section 4. Sections 5303(b.1)(2), 6108(a)(9) and 6344(c)(2)
18 of Title 23 are amended to read:
19 § 5303. Award of custody, partial custody or visitation.
20 * * *
21 (b.1) Consideration of criminal charge.--
22 * * *
23 (2) In evaluating any request for temporary custody or
24 modification of a custody, partial custody or visitation
25 order, the court shall consider whether the parent who is or
26 has been charged with an offense listed below poses a risk of
27 harm to the child:
28 (i) 18 Pa.C.S. Ch. 25;
29 (ii) 18 Pa.C.S. § 2702 (relating to aggravated
30 assault);
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1 (iii) 18 Pa.C.S. § 2706 (relating to terroristic
2 threats);
3 (iv) 18 Pa.C.S. § [2709(b) (relating to harassment
4 and stalking)] 2709.1 (relating to stalking);
5 (v) 18 Pa.C.S. § 2901;
6 (vi) 18 Pa.C.S. § 2902;
7 (vii) 18 Pa.C.S. § 2903 (relating to false
8 imprisonment);
9 (viii) 18 Pa.C.S. § 3121;
10 (ix) 18 Pa.C.S. § 3122.1;
11 (x) 18 Pa.C.S. § 3123;
12 (xi) 18 Pa.C.S. § 3124.1;
13 (xii) 18 Pa.C.S. § 3125;
14 (xiii) 18 Pa.C.S. § 3126;
15 (xiv) 18 Pa.C.S. § 3127;
16 (xv) 18 Pa.C.S. § 3301 (relating to arson and
17 related offenses);
18 (xvi) 18 Pa.C.S. § 4302;
19 (xvii) 18 Pa.C.S. § 4304;
20 (xviii) 18 Pa.C.S. § 6312; and
21 (xix) 23 Pa.C.S. § 6114 (relating to contempt for
22 violation of order or agreement).
23 * * *
24 § 6108. Relief.
25 (a) General rule.--The court may grant any protection order
26 or approve any consent agreement to bring about a cessation of
27 abuse of the plaintiff or minor children. The order or agreement
28 may include:
29 * * *
30 (9) Directing the defendant to refrain from stalking or
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1 harassing the plaintiff and other designated persons as
2 defined in 18 Pa.C.S. [§ 2709 (relating to harassment and
3 stalking)] §§ 2709 (relating to harassment) and 2709.1
4 (relating to stalking).
5 * * *
6 § 6344. Information relating to prospective child-care
7 personnel.
8 * * *
9 (c) Grounds for denying employment.--
10 * * *
11 (2) In no case shall an administrator hire an applicant
12 if the applicant's criminal history record information
13 indicates the applicant has been convicted of one or more of
14 the following offenses under Title 18 (relating to crimes and
15 offenses) or an equivalent crime under Federal law or the law
16 of another state:
17 Chapter 25 (relating to criminal homicide).
18 Section 2702 (relating to aggravated assault).
19 Section 2709 (relating to harassment [and stalking]).
20 Section 2709.1 (relating to stalking).
21 Section 2901 (relating to kidnapping).
22 Section 2902 (relating to unlawful restraint).
23 Section 3121 (relating to rape).
24 Section 3122.1 (relating to statutory sexual assault).
25 Section 3123 (relating to involuntary deviate sexual
26 intercourse).
27 Section 3124.1 (relating to sexual assault).
28 Section 3125 (relating to aggravated indecent assault).
29 Section 3126 (relating to indecent assault).
30 Section 3127 (relating to indecent exposure).
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1 Section 4302 (relating to incest).
2 Section 4303 (relating to concealing death of child).
3 Section 4304 (relating to endangering welfare of
4 children).
5 Section 4305 (relating to dealing in infant children).
6 A felony offense under section 5902(b) (relating to
7 prostitution and related offenses).
8 Section 5903(c) or (d) (relating to obscene and other
9 sexual materials and performances).
10 Section 6301 (relating to corruption of minors).
11 Section 6312 (relating to sexual abuse of children).
12 The attempt, solicitation or conspiracy to commit any of
13 the offenses set forth in this paragraph.
14 * * *
15 Section 5. Section 3573(c) of Title 42 is amended to read:
16 § 3573. Municipal corporation portion of fines, etc.
17 * * *
18 (c) Summary offenses.--Fines, forfeited recognizances and
19 other forfeitures imposed, lost or forfeited under the following
20 provisions of law shall, when any such offense is committed in a
21 municipal corporation, be payable to such municipal corporation:
22 (1) Under the following provisions of Title 18 (relating
23 to crimes and offenses):
24 [Section 2709 (relating to harassment).]
25 Section 3304 (relating to criminal mischief).
26 Section 3503 (relating to criminal trespass).
27 Section 3929 (relating to retail theft).
28 Section 4105 (relating to bad checks).
29 Section 5503 (relating to disorderly conduct).
30 Section 5505 (relating to public drunkenness).
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1 Section 5511 (relating to cruelty to animals).
2 Section 6308 (relating to purchase, consumption,
3 possession or transportation of intoxicating beverages).
4 Section 6501 (relating to scattering rubbish).
5 (2) Section 13, act of January 24, 1966 (1965 P.L.1535,
6 No.537), known as the Pennsylvania Sewage Facilities Act.
7 * * *
8 Section 5.1. The definition of "other specified offenses" in
9 section 4703 of Title 42 is amended to read:
10 § 4703. Definitions.
11 The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 * * *
15 "Other specified offense." An offense or an attempt,
16 conspiracy or solicitation to commit an offense under any of the
17 following:
18 18 Pa.C.S. § 2502 (relating to murder).
19 18 Pa.C.S. § [2709(c)(2)(ii)] 2709.1 (relating to
20 [harassment and] stalking).
21 18 Pa.C.S. § 2901 (relating to kidnapping).
22 18 Pa.C.S. § 2910 (relating to luring a child into a
23 motor vehicle).
24 18 Pa.C.S. § 3126 (relating to indecent assault).
25 18 Pa.C.S. § 3502 (relating to burglary).
26 18 Pa.C.S. § 3701 (relating to robbery).
27 * * *
28 Section 5.2. The following apply to cross references:
29 (1) Except as otherwise provided for in paragraph (2), a
30 reference in a statutory provision to 18 Pa.C.S. § 2709
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1 without specification as to subsection (a) or (b) of that
2 section shall be deemed to include a reference to 18 Pa.C.S.
3 § 2709.1 as if fully set forth in that provision.
4 (2) A reference in a statutory provision to 18 Pa.C.S. §
5 2709(b) shall be deemed a reference to 18 Pa.C.S. § 2709.1 as
6 if fully set forth in that provision.
7 (3) Except as otherwise provided for in paragraph (4) or
8 (5), a reference in a statutory provision to 18 Pa.C.S. §
9 5504 without specification as to subsection (a) or (a.1) of
10 that section shall be deemed a reference to 18 Pa.C.S. §§
11 2709(a)(4), (5), (6) and (7) and 2709.1 as if fully set forth
12 in that provision.
13 (4) A reference in a statutory provision to 18 Pa.C.S. §
14 5504(a) shall be deemed a reference to 18 Pa.C.S. §
15 2709(a)(4), (5), (6) and (7) as if fully set forth in that
16 provision.
17 (5) A reference in a statutory provision to 18 Pa.C.S. §
18 5504(a.1) shall be deemed a reference to 18 Pa.C.S. § 2709.1
19 as if fully set forth in that provision.
20 Section 6. This act shall take effect in 60 days.
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