PRINTER'S NO. 3921
No. 2613 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 State Police under 42
13 Pa.C.S. § 9795.6 (relating to Internet usage monitoring) through
14 software or hardware who intentionally tampers with the
15 monitoring software or hardware commits a misdemeanor of the
16 third degree. The term "tampering," in addition to any physical
17 act which is intended to alter or interfere with the proper
1 functioning of the monitoring software or hardware, shall
2 include attempting to circumvent or bypass or circumventing or
3 bypassing the monitoring software or hardware.
4 Section 2. Title 42 is amended by adding a section to read:
5 § 9795.6. Internet usage monitoring.
6 (a) Civil monitoring of usage.--The Pennsylvania State
7 Police shall monitor the Internet usage of persons subject to
8 registration under section 9795.1 (relating to registration) who
9 are found by the trier of fact to have utilized the Internet to
10 facilitate the commission of any offense referred to in section
11 9795.1 and are not subject to probation or parole.
12 (b) Method of monitoring.--Not exclusive of any other method
13 permitted by law, Internet usage monitoring under subsection (a)
14 shall be conducted through the use of software or hardware
15 installed on all computers and computer-related equipment
16 capable of accessing the Internet owned or possessed and
17 personally used by the person being monitored which shall be
18 limited in scope to that which is necessary to prevent a future
19 sexually violent offense.
20 (c) Exception to monitoring requirement.--The Pennsylvania
21 State Police may, on a case-by-case basis, forgo the supervision
22 condition required under subsection (a) for good cause. In every
23 case where a determination is made to forgo the supervision
24 condition required under subsection (a), a contemporaneous
25 written statement shall be provided setting forth the reason or
26 reasons for the deviation from the requirement under subsection
27 (a).
28 (d) Costs.--A person monitored by software or hardware under
29 this section shall bear the associated costs unless it is
30 determined that such costs would result in undue economic
20080H2613B3921 - 2 -
1 hardship to the person.
2 Section 3. This act shall take effect in 60 days.
F5L18JS/20080H2613B3921 - 3 -