PRINTER'S NO. 2458
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2120
Session of
2021
INTRODUCED BY T. DAVIS, McNEILL, HILL-EVANS, A. DAVIS, HANBIDGE,
JONES, FREEMAN, GALLOWAY, SANCHEZ, CIRESI, LEE, WARREN,
SCHWEYER, NEILSON, GILLEN, DAY, BOBACK, HENNESSEY AND OTTEN,
DECEMBER 1, 2021
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 1, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in miscellaneous offenses, providing
for the offense of unlawful use of recording devices in
residential units used for transient lodging.
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 chapter to read:
CHAPTER 79
RECORDING DEVICES IN RESIDENTIAL
UNITS USED FOR TRANSIENT LODGING
Sec.
7901. Definitions.
7902. Unlawful use of recording devices in residential units
used for transient lodging.
§ 7901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Audio or visual recording device." A device which
photographs, videotapes, electronically depicts, films or
otherwise records images and or sounds.
"Host." A person who, by any means, including listing with a
hosting platform, advertises, licenses or registers with an
innkeepers' group, convention listing association, travel
publication or similar association or with a government agency,
offers a residential unit to provide overnight lodging for
consideration to a person seeking transient lodging.
"Hosting platform." A publicly accessible Internet website
on which, in exchange for a fee or other charge, an owner or
lessee of a residential unit or hotel or a room or space in a
residential unit or hotel may advertise and conduct a
transaction for the rental of the residential unit or hotel for
the purposes of transient lodging. The term does not include a
publicly accessible Internet website operated by or on behalf of
a hotel or hotel corporation that facilitates the booking of
lodging reservations solely for the hotel or the hotel
corporation's owned or managed hotels and franchisees.
§ 7902. Unlawful use of recording devices in residential units
used for transient lodging.
(a) Offense defined.--A person commits the offense of
unlawful use of a recording device in a residential unit used
for transient lodging if the person audially or visually
photographs, videotapes, electronically depicts, films or
otherwise records another person using an audio or visual
recording device which is not located in plain sight without
disclosure and consent by the person under this subsection. The
following shall apply:
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(1) A host shall disclose the use and location of any
audio or visual recording device located in a residential
unit used for the purpose of transient lodging.
(2) Disclosure of audio or visual recording devices
shall be provided in the residential unit's listing on the
hosting platform and displayed in a visible location within
the residential unit.
(3) A person shall be considered to provide consent to
be recorded at the host's residential unit, by agreeing to
terms of occupying the residential unit if disclosure
requirements under this section have been fulfilled.
(b) Penalty.--A person who violates subsection (a) commits a
felony of the third degree.
Section 2. This act shall take effect in 60 days.
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