PRINTER'S NO. 131
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
159
Session of
2023
INTRODUCED BY LANGERHOLC, ROBINSON, MARTIN, LAUGHLIN, PHILLIPS-
HILL, DUSH, J. WARD, STEFANO, COSTA, SANTARSIERO, SCHWANK,
COMITTA, KANE, CAPPELLETTI AND BREWSTER, JANUARY 19, 2023
REFERRED TO JUDICIARY, JANUARY 19, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of unauthorized use of an electronic tracking device; and
providing for penalties.
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:
§ 2709.2. Unauthorized use of an electronic tracking device.
(a) Offense defined.--A person commits the offense of
unauthorized use of an electronic tracking device when the
person installs or places an electronic tracking device without
consent, or causes an electronic tracking device to be installed
or placed without consent, and uses the electronic tracking
device to track the location of another person within this
Commonwealth.
(b) Exceptions.--The provisions of this section shall not
apply to the installation, placement or use of an electronic
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tracking device by:
(1) An investigative officer, law enforcement officer or
agency while conducting an investigation, when the officer or
agency is engaged in the lawful performance of official
duties and in accordance with other Federal and State laws.
(2) The parent or legal guardian of a minor when
tracking:
(i) The minor.
(ii) A person authorized by the parent or legal
guardian as a caretaker of the minor at any time when the
minor is under the caretaker's sole care.
(3) A legally authorized guardian of an incapacitated
person as defined in 20 Pa.C.S. § 5902 (relating to
definitions).
(4) The owner of fleet vehicles, when tracking the
owner's vehicles.
(5) An electronic communications provider to the extent
that the installation, placement or use is disclosed in the
provider's terms of use, privacy policy or similar document
made available to the customer.
(c) Grading.--
(1) A first offense under this section constitutes a
misdemeanor of the second degree.
(2) A second or subsequent offense under this section
constitutes a misdemeanor of the first degree.
(d) 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:
"Electronic tracking device." An electronic or mechanical
device that permits an individual to remotely determine or track
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the position and movement of another individual.
"Fleet vehicle." One or more motor vehicles:
(1) owned by an entity and operated by an employee or
agent of the entity for business or government purposes;
(2) held for lease or rental to the general public; or
(3) held for sale by a motor vehicle dealer.
Section 2. This act shall take effect in 60 days.
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