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        PRIOR PRINTER'S NO. 2207                      PRINTER'S NO. 2399

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1515 Session of 2002


        INTRODUCED BY CONTI, GREENLEAF, HOLL, COSTA, LAVALLE,
           TARTAGLIONE, A. WILLIAMS, C. WILLIAMS AND BOSCOLA,
           AUGUST 30, 2002

        AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 19, 2002

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     harassment and stalking; and making conforming amendments to
     4     Titles 5, 18, 23 and 42.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 2709 of Title 18 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 2709.  Harassment [and stalking].
    10     (a)  [Harassment] Offense defined.--A person commits the
    11  crime of harassment when, with intent to harass, annoy or alarm
    12  another, the person:
    13         (1)  strikes, shoves, kicks or otherwise subjects the
    14     other person to physical contact, or attempts or threatens to
    15     do the same;
    16         (2)  follows the other person in or about a public place
    17     or places; [or]
    18         (3)  engages in a course of conduct or repeatedly commits


     1     acts which serve no legitimate purpose[.];
     2         (4)  communicates to or about such other person any lewd,
     3     lascivious, threatening or obscene words, language, drawings
     4     or caricatures;
     5         (5)  communicates repeatedly in an anonymous manner;
     6         (6)  communicates repeatedly at extremely inconvenient
     7     hours; or
     8         (7)  communicates repeatedly in a manner other than
     9     specified in paragraphs (4), (5) and (6).
    10     [(b)  Stalking.--A person commits the crime of stalking when
    11  he engages in a course of conduct or repeatedly commits acts
    12  toward another person, including following the person without
    13  proper authority, under circumstances which demonstrate either
    14  of the following:
    15         (1)  an intent to place the person in reasonable fear of
    16     bodily injury; or
    17         (2)  an intent to cause substantial emotional distress to
    18     the person.]
    19     (b.1)  Venue.--
    20         (1)  An offense committed under this section may be
    21     deemed to have been committed at either the place at which
    22     the communication or communications were made or at the place
    23     where the communication or communications were received.
    24         (2)  Acts indicating a course of conduct which occur in
    25     more than one jurisdiction may be used by any other
    26     jurisdiction in which an act occurred as evidence of a
    27     continuing pattern of conduct or a course of conduct.
    28     (c)  Grading.--
    29         [(1)]  An offense under [subsection (a)] this section      <--
    30     (A)(1), (2) OR (3) shall constitute a summary offense.         <--
    20020S1515B2399                  - 2 -

     1         [(2)  (i)  An offense under subsection [(b)] (A)(4), (5),  <--
     2         (6) OR (7) shall constitute a misdemeanor of the [first]   <--
     3         THIRD degree.                                              <--
     4             [(ii)  A second or subsequent offense under            <--
     5         subsection (b) or a first offense under subsection (b) if
     6         the person has been previously convicted of any crime of
     7         violence involving this same victim, family or household
     8         members, including, but not limited to, a violation of
     9         section 2701 (relating to simple assault), 2702 (relating
    10         to aggravated assault), 2705 (relating to recklessly
    11         endangering another person), 2901 (relating to
    12         kidnapping), 3121 (relating to rape), 3123 (relating to
    13         involuntary deviate sexual intercourse) or 3128 (relating
    14         to spousal sexual assault), an order issued under section
    15         4954 (relating to protective orders) or an order issued
    16         under 23 Pa.C.S. § 6108 (relating to relief), shall
    17         constitute a felony of the third degree.]
    18     (d)  False reports.--A person who knowingly gives false
    19  information to any law enforcement officer with the intent to
    20  implicate another under this section commits an offense under
    21  section 4906 (relating to false reports to law enforcement
    22  authorities).
    23     (e)  Application of section.--This section shall not apply to
    24  conduct by a party to a labor dispute as defined in the act of
    25  June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
    26  Injunction Act, or to any constitutionally protected activity.
    27     [(e.1)  Course of conduct.--Acts indicating a course of
    28  conduct which occur in more than one jurisdiction may be used by
    29  any other jurisdiction in which an act occurred as evidence of a
    30  continuing pattern of conduct or a course of conduct.]
    20020S1515B2399                  - 3 -

     1     (f)  Definitions.--As used in this section, the following
     2  words and phrases shall have the meanings given to them in this
     3  subsection:
     4     "Communicates."  Conveys a message without intent of
     5  legitimate communication or address by oral, nonverbal, written
     6  or electronic means, including telephone, electronic mail,
     7  Internet, facsimile, telex, wireless communication or similar
     8  transmission.
     9     "Course of conduct."  A pattern of actions composed of more
    10  than one act over a period of time, however short, evidencing a
    11  continuity of conduct. [The term includes lewd, lascivious,
    12  threatening or obscene words, language, drawings, caricatures or
    13  actions, either in person or anonymously.] Acts indicating a
    14  course of conduct which occur in more than one jurisdiction may
    15  be used by any other jurisdiction in which an act occurred as
    16  evidence of a continuing pattern of conduct or a course of
    17  conduct.
    18     ["Emotional distress."  A temporary or permanent state of
    19  great physical or mental strain.
    20     "Family or household member."  Spouses or persons who have
    21  been spouses, persons living as spouses or who lived as spouses,
    22  parents and children, other persons related by consanguinity or
    23  affinity, current or former sexual or intimate partners or
    24  persons who share biological parenthood.]
    25     Section 2.  Title 18 is amended by adding a section to read:
    26  § 2709.1.  Stalking.
    27     (a)  Offense defined.--A person commits the crime of stalking
    28  when the person either:
    29         (1)  engages in a course of conduct or repeatedly commits
    30     acts toward another person, including following the person
    20020S1515B2399                  - 4 -

     1     without proper authority, under circumstances which
     2     demonstrate either an intent to place such other person in
     3     reasonable fear of bodily injury or to cause substantial
     4     emotional distress to such other person; or
     5         (2)  engages in a course of conduct or repeatedly
     6     communicates to another person under circumstances which
     7     demonstrate or communicate either an intent to place such
     8     other person in reasonable fear of bodily injury or to cause
     9     substantial emotional distress to such other person.
    10     (b)  Venue.--
    11         (1)  An offense committed under this section may be
    12     deemed to have been committed at either the place at which
    13     the communication or communications were made or at the place
    14     where the communication or communications were received.
    15         (2)  Acts indicating a course of conduct which occur in
    16     more than one jurisdiction may be used by any other
    17     jurisdiction in which an act occurred as evidence of a
    18     continuing pattern of conduct or a course of conduct.
    19     (c)  Grading.--
    20         (1)  Except as otherwise provided for in paragraph (2), a
    21     first offense under this section shall constitute a
    22     misdemeanor of the first degree.
    23         (2)  A second or subsequent offense under this section or
    24     a first offense under subsection (a) if the person has been
    25     previously convicted of a crime of violence involving the
    26     same victim, family or household member, including, but not
    27     limited to, a violation of section 2701 (relating to simple
    28     assault), 2702 (relating to aggravated assault), 2705
    29     (relating to recklessly endangering another person), 2901
    30     (relating to kidnapping), 3121 (relating to rape) or 3123
    20020S1515B2399                  - 5 -

     1     (relating to involuntary deviate sexual intercourse), an
     2     order issued under section 4954 (relating to protective
     3     orders) or an order issued under 23 Pa.C.S. § 6108 (relating
     4     to relief), shall constitute a felony of the third degree.
     5     (d)  False reports.--A person who knowingly gives false
     6  information to any law enforcement officer with the intent to
     7  implicate another under this section commits an offense under
     8  section 4906 (relating to false reports to law enforcement
     9  authorities).
    10     (e)  Application of section.--This section shall not apply to
    11  conduct by a party to a labor dispute as defined in the act of
    12  June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
    13  Injunction Act, or to any constitutionally protected activity.
    14     (f)  Definitions.--As used in this section, the following
    15  words and phrases shall have the meanings given to them in this
    16  subsection:
    17     "Communicates."  To convey a message without intent of
    18  legitimate communication or address by oral, nonverbal, written
    19  or electronic means, including telephone, electronic mail,
    20  Internet, facsimile, telex, wireless communication or similar
    21  transmission.
    22     "Course of conduct."  A pattern of actions composed of more
    23  than one act over a period of time, however short, evidencing a
    24  continuity of conduct. The term includes lewd, lascivious,
    25  threatening or obscene words, language, drawings, caricatures or
    26  actions, either in person or anonymously. Acts indicating a
    27  course of conduct which occur in more than one jurisdiction may
    28  be used by any other jurisdiction in which an act occurred as
    29  evidence of a continuing pattern of conduct or a course of
    30  conduct.
    20020S1515B2399                  - 6 -

     1     "Emotional distress."  A temporary or permanent state of
     2  mental anguish.
     3     "Family or household member."  Spouses or persons who have
     4  been spouses, persons living as spouses or who lived as spouses,
     5  parents and children, other persons related by consanguinity or
     6  affinity, current or former sexual or intimate partners or
     7  persons who share biological parenthood.
     8     Section 3.  Sections 2710(a), 2711(a), 4954 and 4955(a)(2) of
     9  Title 18 are amended to read:
    10  § 2710.  Ethnic intimidation.
    11     (a)  Offense defined.--A person commits the offense of ethnic
    12  intimidation if, with malicious intention toward the race,
    13  color, religion or national origin of another individual or
    14  group of individuals, he commits an offense under any other
    15  provision of this article or under Chapter 33 (relating to
    16  arson, criminal mischief and other property destruction)
    17  exclusive of section 3307 (relating to institutional vandalism)
    18  or under section 3503 (relating to criminal trespass) [or under
    19  section 5504 (relating to harassment by communication or
    20  address)] with respect to such individual or his or her property
    21  or with respect to one or more members of such group or to their
    22  property.
    23     * * *
    24  § 2711.  Probable cause arrests in domestic violence cases.
    25     (a)  General rule.--A police officer shall have the same
    26  right of arrest without a warrant as in a felony whenever he has
    27  probable cause to believe the defendant has violated section
    28  2504 (relating to involuntary manslaughter), 2701 (relating to
    29  simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
    30  assault), 2705 (relating to recklessly endangering another
    20020S1515B2399                  - 7 -

     1  person), 2706 (relating to terroristic threats) or [2709(b)
     2  (relating to harassment and stalking)] 2709.1 (relating to
     3  stalking) against a family or household member although the
     4  offense did not take place in the presence of the police
     5  officer. A police officer may not arrest a person pursuant to
     6  this section without first observing recent physical injury to
     7  the victim or other corroborative evidence. For the purposes of
     8  this subsection, the term "family or household member" has the
     9  meaning given that term in 23 Pa.C.S. § 6102 (relating to
    10  definitions).
    11     * * *
    12  § 4954.  Protective orders.
    13     Any court with jurisdiction over any criminal matter may,
    14  after a hearing and in its discretion, upon substantial
    15  evidence, which may include hearsay or the declaration of the
    16  prosecutor that a witness or victim has been intimidated or is
    17  reasonably likely to be intimidated, issue protective orders,
    18  including, but not limited to, the following:
    19         (1)  An order that a defendant not violate any provision
    20     of this subchapter or section 2709 (relating to harassment
    21     [and stalking]) or 2709.1 (relating to stalking).
    22         (2)  An order that a person other than the defendant,
    23     including, but not limited to, a subpoenaed witness, not
    24     violate any provision of this subchapter.
    25         (3)  An order that any person described in paragraph (1)
    26     or (2) maintain a prescribed geographic distance from any
    27     specified witness or victim.
    28         (4)  An order that any person described in paragraph (1)
    29     or (2) have no communication whatsoever with any specified
    30     witness or victim, except through an attorney under such
    20020S1515B2399                  - 8 -

     1     reasonable restrictions as the court may impose.
     2  § 4955.  Violation of orders.
     3     (a)  Punishment.--Any person violating any order made
     4  pursuant to section 4954 (relating to protective orders) may be
     5  punished in any of the following ways:
     6         * * *
     7         (2)  As a contempt of the court making such order. No
     8     finding of contempt shall be a bar to prosecution for a
     9     substantive offense under section 2709 (relating to
    10     harassment [and stalking]), 2709.1 (relating to stalking),
    11     4952 (relating to intimidation of witnesses or victims) or
    12     4953 (relating to retaliation against witness or victim),
    13     but:
    14             (i)  any person so held in contempt shall be entitled
    15         to credit for any punishment imposed therein against any
    16         sentence imposed on conviction of said substantive
    17         offense; and
    18             (ii)  any conviction or acquittal for any substantive
    19         offense under this title shall be a bar to subsequent
    20         punishment for contempt arising out of the same act.
    21         * * *
    22     Section 4.  Section 5504 of Title 18 is repealed.
    23     Section 5.  Sections 5708(1) and (2) and 6105(b) of Title 18
    24  are amended to read:
    25  § 5708.  Order authorizing interception of wire, electronic or
    26             oral communications.
    27     The Attorney General, or, during the absence or incapacity of
    28  the Attorney General, a deputy attorney general designated in
    29  writing by the Attorney General, or the district attorney or,
    30  during the absence or incapacity of the district attorney, an
    20020S1515B2399                  - 9 -

     1  assistant district attorney designated in writing by the
     2  district attorney of the county wherein the interception is to
     3  be made, may make written application to any Superior Court
     4  judge for an order authorizing the interception of a wire,
     5  electronic or oral communication by the investigative or law
     6  enforcement officers or agency having responsibility for an
     7  investigation involving suspected criminal activities when such
     8  interception may provide evidence of the commission of any of
     9  the following offenses, or may provide evidence aiding in the
    10  apprehension of the perpetrator or perpetrators of any of the
    11  following offenses:
    12         (1)  Under this title:
    13             Section 911 (relating to corrupt organizations)
    14             Section 2501 (relating to criminal homicide)
    15             Section 2502 (relating to murder)
    16             Section 2503 (relating to voluntary manslaughter)
    17             Section 2702 (relating to aggravated assault)
    18             Section 2706 (relating to terroristic threats)
    19             [Section 2709(b) (relating to harassment and
    20         stalking)]
    21             Section 2709.1 (relating to stalking)
    22             Section 2901 (relating to kidnapping)
    23             Section 3121 (relating to rape)
    24             Section 3123 (relating to involuntary deviate sexual
    25         intercourse)
    26             Section 3124.1 (relating to sexual assault)
    27             Section 3125 (relating to aggravated indecent
    28         assault)
    29             Section 3301 (relating to arson and related offenses)
    30             Section 3302 (relating to causing or risking
    20020S1515B2399                 - 10 -

     1         catastrophe)
     2             Section 3502 (relating to burglary)
     3             Section 3701 (relating to robbery)
     4             Section 3921 (relating to theft by unlawful taking or
     5         disposition)
     6             Section 3922 (relating to theft by deception)
     7             Section 3923 (relating to theft by extortion)
     8             Section 4701 (relating to bribery in official and
     9         political matters)
    10             Section 4702 (relating to threats and other improper
    11         influence in official and political matters)
    12             Section 5512 (relating to lotteries, etc.)
    13             Section 5513 (relating to gambling devices, gambling,
    14         etc.)
    15             Section 5514 (relating to pool selling and
    16         bookmaking)
    17             Section 6318 (relating to unlawful contact or
    18         communication with minor)
    19         (2)  Under this title, where such offense is dangerous to
    20     life, limb or property and punishable by imprisonment for
    21     more than one year:
    22             Section 910 (relating to manufacture, distribution or
    23         possession of devices for theft of telecommunications
    24         services)
    25             Section 2709(a)(4), (5), (6) or (7) (relating to
    26         harassment)
    27             Section 3925 (relating to receiving stolen property)
    28             Section 3926 (relating to theft of services)
    29             Section 3927 (relating to theft by failure to make
    30         required disposition of funds received)
    20020S1515B2399                 - 11 -

     1             Section 3933 (relating to unlawful use of computer)
     2             Section 4108 (relating to commercial bribery and
     3         breach of duty to act disinterestedly)
     4             Section 4109 (relating to rigging publicly exhibited
     5         contest)
     6             Section 4117 (relating to insurance fraud)
     7             Section 4305 (relating to dealing in infant children)
     8             Section 4902 (relating to perjury)
     9             Section 4909 (relating to witness or informant taking
    10         bribe)
    11             Section 4911 (relating to tampering with public
    12         records or information)
    13             Section 4952 (relating to intimidation of witnesses
    14         or victims)
    15             Section 4953 (relating to retaliation against witness
    16         or victim)
    17             Section 5101 (relating to obstructing administration
    18         of law or other governmental function)
    19             Section 5111 (relating to dealing in proceeds of
    20         unlawful activities)
    21             Section 5121 (relating to escape)
    22             [Section 5504 (relating to harassment by
    23         communication or address)]
    24             Section 5902 (relating to prostitution and related
    25         offenses)
    26             Section 5903 (relating to obscene and other sexual
    27         materials and performances)
    28             Section 7313 (relating to buying or exchanging
    29         Federal food order coupons, stamps, authorization cards
    30         or access devices)
    20020S1515B2399                 - 12 -

     1         * * *
     2  § 6105.  Persons not to possess, use, manufacture, control, sell
     3             or transfer firearms.
     4     * * *
     5     (b)  Enumerated offenses.--The following offenses shall apply
     6  to subsection (a):
     7         Section 908 (relating to prohibited offensive weapons).
     8         Section 911 (relating to corrupt organizations).
     9         Section 912 (relating to possession of weapon on school
    10     property).
    11         Section 2502 (relating to murder).
    12         Section 2503 (relating to voluntary manslaughter).
    13         Section 2504 (relating to involuntary manslaughter) if
    14     the offense is based on the reckless use of a firearm.
    15         Section 2702 (relating to aggravated assault).
    16         Section 2703 (relating to assault by prisoner).
    17         Section 2704 (relating to assault by life prisoner).
    18         [Section 2709 (relating to harassment and stalking) if
    19     the offense relates to stalking.]
    20         Section 2709.1 (relating to stalking).
    21         Section 2901 (relating to kidnapping).
    22         Section 2902 (relating to unlawful restraint).
    23         Section 2910 (relating to luring a child into a motor
    24     vehicle).
    25         Section 3121 (relating to rape).
    26         Section 3123 (relating to involuntary deviate sexual
    27     intercourse).
    28         Section 3125 (relating to aggravated indecent assault).
    29         Section 3301 (relating to arson and related offenses).
    30         Section 3302 (relating to causing or risking
    20020S1515B2399                 - 13 -

     1     catastrophe).
     2         Section 3502 (relating to burglary).
     3         Section 3503 (relating to criminal trespass) if the
     4     offense is graded a felony of the second degree or higher.
     5         Section 3701 (relating to robbery).
     6         Section 3702 (relating to robbery of motor vehicle).
     7         Section 3921 (relating to theft by unlawful taking or
     8     disposition) upon conviction of the second felony offense.
     9         Section 3923 (relating to theft by extortion) when the
    10     offense is accompanied by threats of violence.
    11         Section 3925 (relating to receiving stolen property) upon
    12     conviction of the second felony offense.
    13         Section 4912 (relating to impersonating a public servant)
    14     if the person is impersonating a law enforcement officer.
    15         Section 4952 (relating to intimidation of witnesses or
    16     victims).
    17         Section 4953 (relating to retaliation against witness or
    18     victim).
    19         Section 5121 (relating to escape).
    20         Section 5122 (relating to weapons or implements for
    21     escape).
    22         Section 5501(3) (relating to riot).
    23         Section 5515 (relating to prohibiting of paramilitary
    24     training).
    25         Section 6110.1 (relating to possession of firearm by
    26     minor).
    27         Section 6301 (relating to corruption of minors).
    28         Section 6302 (relating to sale or lease of weapons and
    29     explosives).
    30         Any offense equivalent to any of the above-enumerated
    20020S1515B2399                 - 14 -

     1     offenses under the prior laws of this Commonwealth or any
     2     offense equivalent to any of the above-enumerated offenses
     3     under the statutes of any other state or of the United
     4     States.
     5     * * *
     6     Section 6.  Section 3304(a) of Title 5 is amended to read:
     7  § 3304.  Issuance of registration to certain persons prohibited.
     8     (a)  Prior criminal acts.--The commission shall not issue
     9  athletic agent registration to or renew the athletic agent
    10  registration of a person who has been convicted of any of the
    11  following offenses, or any comparable offense in another
    12  jurisdiction, within ten years of the date of application:
    13         (1)  An offense under the act of April 14, 1972 (P.L.233,
    14     No.64), known as The Controlled Substance, Drug, Device and
    15     Cosmetic Act.
    16         (2)  An offense under the following provisions of 18
    17     Pa.C.S. (relating to crimes and offenses):
    18         Section 902 (relating to criminal solicitation).
    19         Section 908 (relating to prohibited offensive weapons).
    20         Section 2502 (relating to murder).
    21         Section 2709(a)(4), (5), (6) or (7) (relating to
    22     harassment).
    23         Section 2709.1 (relating to stalking).
    24         Section 2901 (relating to kidnapping).
    25         Section 3121 (relating to rape).
    26         Section 3126 (relating to indecent assault).
    27         Section 3923 (relating to theft by extortion).
    28         Section 4109 (relating to rigging publicly exhibited
    29     contest).
    30         Section 4302 (relating to incest).
    20020S1515B2399                 - 15 -

     1         Section 4304 (relating to endangering welfare of
     2     children).
     3         Section 4305 (relating to dealing in infant children).
     4         Section 4701 (relating to bribery in official and
     5     political matters).
     6         Section 4902 (relating to perjury).
     7         Section 5501 (relating to riot).
     8         [Section 5504 (relating to harassment by communication or
     9     address).]
    10         Section 5512 (relating to lotteries, etc.).
    11         Section 5513 (relating to gambling devices, gambling,
    12     etc.).
    13         Section 5514 (relating to pool selling and bookmaking).
    14         Section 5901 (relating to open lewdness).
    15         Section 5902 (relating to prostitution and related
    16     offenses).
    17         Section 5903 (relating to obscene and other sexual
    18     materials and performances).
    19         Section 5904 (relating to public exhibition of insane or
    20     deformed person).
    21         Section 6301 (relating to corruption of minors).
    22         Section 6312 (relating to sexual abuse of children).
    23         Section 7107 (relating to unlawful actions by athlete
    24     agents).
    25     * * *
    26     Section 7.  Sections 5303(b.1)(2), 6108(a)(9) and 6344(c)(2)
    27  of Title 23 are amended to read:
    28  § 5303.  Award of custody, partial custody or visitation.
    29     * * *
    30     (b.1)  Consideration of criminal charge.--
    20020S1515B2399                 - 16 -

     1         * * *
     2         (2)  In evaluating any request for temporary custody or
     3     modification of a custody, partial custody or visitation
     4     order, the court shall consider whether the parent who is or
     5     has been charged with an offense listed below poses a risk of
     6     harm to the child:
     7             (i)  18 Pa.C.S. Ch. 25;
     8             (ii)  18 Pa.C.S. § 2702 (relating to aggravated
     9         assault);
    10             (iii)  18 Pa.C.S. § 2706 (relating to terroristic
    11         threats);
    12             (iv)  18 Pa.C.S. § [2709(b) (relating to harassment
    13         and] 2709.1 (relating to stalking);
    14             (v)  18 Pa.C.S. § 2901;
    15             (vi)  18 Pa.C.S. § 2902;
    16             (vii)  18 Pa.C.S. § 2903 (relating to false
    17         imprisonment);
    18             (viii)  18 Pa.C.S. § 3121;
    19             (ix)  18 Pa.C.S. § 3122.1;
    20             (x)  18 Pa.C.S. § 3123;
    21             (xi)  18 Pa.C.S. § 3124.1;
    22             (xii)  18 Pa.C.S. § 3125;
    23             (xiii)  18 Pa.C.S. § 3126;
    24             (xiv)  18 Pa.C.S. § 3127;
    25             (xv)  18 Pa.C.S. § 3301 (relating to arson and
    26         related offenses);
    27             (xvi)  18 Pa.C.S. § 4302;
    28             (xvii)  18 Pa.C.S. § 4304;
    29             (xviii)  18 Pa.C.S. § 6312; and
    30             (xix)  23 Pa.C.S. § 6114 (relating to contempt for
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     1         violation of order or agreement).
     2         * * *
     3  § 6108.  Relief.
     4     (a)  General rule.--The court may grant any protection order
     5  or approve any consent agreement to bring about a cessation of
     6  abuse of the plaintiff or minor children. The order or agreement
     7  may include:
     8         * * *
     9         (9)  Directing the defendant to refrain from stalking or
    10     harassing the plaintiff and other designated persons as
    11     defined in 18 Pa.C.S. [§] §§ 2709 (relating to harassment
    12     [and stalking]) and 2709.1 (relating to stalking).
    13         * * *
    14  § 6344.  Information relating to prospective child-care
    15             personnel.
    16     * * *
    17     (c)  Grounds for denying employment.--
    18         * * *
    19         (2)  In no case shall an administrator hire an applicant
    20     if the applicant's criminal history record information
    21     indicates the applicant has been convicted of one or more of
    22     the following offenses under Title 18 (relating to crimes and
    23     offenses) or an equivalent crime under Federal law or the law
    24     of another state:
    25         Chapter 25 (relating to criminal homicide).
    26         Section 2702 (relating to aggravated assault).
    27         [Section 2709 (relating to harassment [and stalking]).]    <--
    28         Section 2709.1 (relating to stalking).
    29         Section 2901 (relating to kidnapping).
    30         Section 2902 (relating to unlawful restraint).
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     1         Section 3121 (relating to rape).
     2         Section 3122.1 (relating to statutory sexual assault).
     3         Section 3123 (relating to involuntary deviate sexual
     4     intercourse).
     5         Section 3124.1 (relating to sexual assault).
     6         Section 3125 (relating to aggravated indecent assault).
     7         Section 3126 (relating to indecent assault).
     8         Section 3127 (relating to indecent exposure).
     9         Section 4302 (relating to incest).
    10         Section 4303 (relating to concealing death of child).
    11         Section 4304 (relating to endangering welfare of
    12     children).
    13         Section 4305 (relating to dealing in infant children).
    14         A felony offense under section 5902(b) (relating to
    15     prostitution and related offenses).
    16         Section 5903(c) or (d) (relating to obscene and other
    17     sexual materials and performances).
    18         Section 6301 (relating to corruption of minors).
    19         Section 6312 (relating to sexual abuse of children).
    20         The attempt, solicitation or conspiracy to commit any of
    21     the offenses set forth in this paragraph.
    22         * * *
    23     Section 8.  Section 3573(c)(1) of Title 42 is amended to
    24  read:
    25  § 3573.  Municipal corporation portion of fines, etc.
    26     * * *
    27     (c)  Summary offenses.--Fines, forfeited recognizances and
    28  other forfeitures imposed, lost or forfeited under the following
    29  provisions of law shall, when any such offense is committed in a
    30  municipal corporation, be payable to such municipal corporation:
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     1         (1)  Under the following provisions of Title 18 (relating
     2     to crimes and offenses):
     3             [Section 2709 (relating to harassment).]
     4             Section 3304 (relating to criminal mischief).
     5             Section 3503 (relating to criminal trespass).
     6             Section 3929 (relating to retail theft).
     7             Section 4105 (relating to bad checks).
     8             Section 5503 (relating to disorderly conduct).
     9             Section 5505 (relating to public drunkenness).
    10             Section 5511 (relating to cruelty to animals).
    11             Section 6308 (relating to purchase, consumption,
    12         possession or transportation of intoxicating beverages).
    13             Section 6501 (relating to scattering rubbish).
    14         * * *
    15     Section 9.  (1)  Except as otherwise provided for in
    16     paragraph (2), any reference in any act or part of an act to
    17     18 Pa.C.S. § 2709 without specification as to subsection (a)
    18     or (b) of that section shall be deemed to include a reference
    19     to 18 Pa.C.S. § 2709.1 as if fully set forth in that act or
    20     part of that act.
    21         (2)  Any reference in any act or part of an act to 18
    22     Pa.C.S. § 2709(b) shall be deemed a reference to 18 Pa.C.S. §
    23     2709.1 as if fully set forth in that act or part of that act.
    24     Section 10.  (1)  Except as otherwise provided for in
    25     paragraph (2) or (3), any reference in any act or part of an
    26     act to 18 Pa.C.S. § 5504 without specification as to
    27     subsection (a) or (a.1) of that section shall be deemed a
    28     reference to 18 Pa.C.S. §§ 2709(a)(4), (5), (6) and (7) and
    29     2709.1 as if fully set forth in that act or part of that act.
    30         (2)  Any reference in any act or part of an act to 18
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     1     Pa.C.S. § 5504(a) shall be deemed a reference to 18 Pa.C.S. §
     2     2709(a)(4), (5), (6) and (7) as if fully set forth in that
     3     act or part of that act.
     4         (3)  Any reference in any act or part of an act to 18
     5     Pa.C.S. § 5504(a.1) shall be deemed a reference to 18 Pa.C.S.
     6     § 2709.1 as if fully set forth in that act or part of that
     7     act.
     8     Section 11.  This act shall take effect in 60 days.















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