Regular Session 2021-2022 Senate Bill 1280 P.N. 1736

PRINTER'S NO. 1736

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1280

Session of

2022

INTRODUCED BY BOSCOLA, SANTARSIERO, COSTA, FONTANA, COLLETT,

AUMENT, MENSCH, COMITTA, BROOKS, MASTRIANO, PITTMAN AND

YUDICHAK, JUNE 10, 2022

REFERRED TO JUDICIARY, JUNE 10, 2022

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in riot, disorderly conduct and

related offenses, providing for unlawful disclosure of

residential information of protected persons.

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 section to read:

§ 5518. Unlawful disclosure of residential information of

protected persons.

(a) Offense defined.--

(1) A person may not knowingly post or publish on the

Internet, or repost, republish or otherwise make available,

the home address or unpublished home telephone number of a

protected person or a family or household member of the

protected person, if such activity is likely to result in the

following:

(i) Disclosure of the actual home, home address or

the location of the protected person.

(ii) Actual or threatened physical harm to the

protected person or the family or household member of the

protected person.

(iii) Emotional distress to the protected person or

the family or household member of the protected person.

(2) A violation of paragraph (1) shall constitute:

(i) A misdemeanor of the third degree for a first

offense.

(ii) A misdemeanor of the first degree for a second

or subsequent offense.

(b) Agencies.--A State or local government agency may not

knowingly post or publish on the Internet, or repost, republish,

or otherwise make available, the home address or unpublished

home telephone number of a protected person without first

obtaining the written consent of the protected person.

(1) A protected person or an immediate family member of

the protected person, or the protected person's employer upon

obtaining the written consent of the protected person, may

request that any person, business or association remove from

the Internet, or refrain from disclosing, re-disclosing or

otherwise making available, any of the following information:

(i) The home address or unpublished home telephone

number of the protected person.

(ii) The name, home address or unpublished home

telephone number of an immediate family member of the

protected person if the information may be used, alone or

in conjunction with any other information, to identify

the protected person.

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(2) The request under paragraph (1) shall be in writing

and addressed to the person, business or association.

(3) Upon receipt of the request under paragraph (1), the

person, business or association shall have 72 hours to comply

with the request.

(d) Risk of harm.--Any person, business or association may

not post or publish on the Internet, or disclose, re-disclose or

otherwise make available, the home address or unpublished home

telephone number of a protected person under circumstances in

which a reasonable person would believe that providing that

information would expose another to harassment or risk of harm

to life or property.

(e) Civil liability.--

(1) A protected person may bring a civil action against

any person, business or association that does not comply with

subsection (c)(3) in the court of common pleas of the county

where the protected person resides. The court may grant the

protected person injunctive or declaratory relief under this

paragraph. If the court grants injunctive or declaratory

relief under this paragraph, the person, business or

association shall pay the reasonable attorney fees and other

court costs incurred by the protected person.

(2) A protected person or any other person residing at

the home address of the protected person may bring a civil

action against any person, business or association that does

not comply with subsection (d) in the court of common pleas

of the county where the protected person resides. The court

may award any of the following under this paragraph:

(i) Actual damages, but not less than liquidated

damages computed at the rate of $1,000 for each violation

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of paragraph (1).

(ii) Upon proof of willful or reckless disregard,

punitive damages.

(iii) Reasonable attorney fees and court costs

incurred.

(iv) Any other preliminary and equitable relief as

the court determines to be appropriate.

(f) Affirmative defense.--The provisions of this section

shall not apply to a person engaged in, connected with or

employed by any newspaper of general circulation, any press

association, any radio or television station or any magazine of

general circulation for the purpose of gathering, procuring,

compiling, editing or publishing news.

(g) 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:

"Disclose." To solicit, sell, manufacture, give, provide,

lend, trade, mail, deliver, transfer, post, publish, distribute,

circulate, disseminate, present, exhibit, advertise or offer.

"Family or household member." The term shall have the same

meaning as "family or household members" as defined in 23

Pa.C.S. § 6102 (relating to definitions).

"Member of the armed services of the United States or

National Guard." Includes individuals on active duty and those

in reserve units or guard units.

"Protected person." Any of the following:

(1) A public safety officer or a member of the armed

services of the United States or National Guard.

(2) Any active, formerly active or retired judicial

officers as defined in 42 Pa.C.S. § 102 (relating to

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definitions).

(3) A district attorney or prosecutor.

"Public safety officer." Any police officer or other officer

with the authority to make arrests for any violation of law, a

corrections officer or a probation or parole officer.

Section 2. This act shall take effect in 60 days.

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