Regular Session 2023-2024 Senate Bill 0159 P.N. 0842

PRIOR PRINTER'S NO. 131

PRINTER'S NO. 842

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

SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 6, 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 ON THE PERSON OR PROPERTY OF ANOTHER PERSON without

consent, and uses the electronic tracking device to track the

location of another THE OTHER 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.

(2) UNLESS PROHIBITED BY COURT ORDER, THE PARENT OR

LEGAL GUARDIAN OF A MINOR CHILD WHEN TRACKING THE MINOR, OR A

PERSON AUTHORIZED BY THE PARENT OR LEGAL GUARDIAN TO SERVE AS

A CARETAKER OF THE MINOR AT ANY TIME WHEN THE MINOR IS UNDER

THE CARETAKER'S SOLE CARE, IF:

(I) THE PARENTS OR LEGAL GUARDIANS ARE LAWFULLY

MARRIED TO EACH OTHER AND ARE NOT SEPARATED OR OTHERWISE

LIVING APART;

(II) THE PARENT OR LEGAL GUARDIAN IS THE SOLE

SURVIVING PARENT OR LEGAL GUARDIAN OF THE MINOR;

(III) THE PARENT OR LEGAL GUARDIAN HAS PRIMARY

PHYSICAL CUSTODY OF THE MINOR WHILE THE ELECTRONIC

TRACKING DEVICE IS INSTALLED AND MONITORED; OR

(IV) THE PARENTS OR LEGAL GUARDIANS ARE DIVORCED,

SEPARATED OR OTHERWISE LIVING APART AND BOTH CONSENT TO

THE INSTALLATION OF AND MONITORING BY THE ELECTRONIC

TRACKING DEVICE.

(3) A legally authorized guardian of an incapacitated

person as defined in 20 Pa.C.S. § 5902 (relating to

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definitions) . OR A CAREGIVER OR FAMILY MEMBER OF AN ELDERLY

PERSON OR DISABLED ADULT, IF THE ELDERLY PERSON'S OR DISABLED

ADULT'S PHYSICIAN RECOMMENDS THE INSTALLATION OF A TRACKING

DEVICE OR TRACKING APPLICATION TO ENSURE THE SAFETY OF THE

ELDERLY PERSON OR DISABLED ADULT.

(4) The owner of fleet vehicles, when tracking the

owner's vehicles. , LESSEE OR CONTRACTOR OF FLEET VEHICLES WHO

INSTALLS OR DIRECTS THE INSTALLATION OF AN ELECTRONIC

TRACKING DEVICE ON THE VEHICLE DURING THE PERIOD OF

OWNERSHIP, LEASE OR CONTRACT IF:

(I) THE ELECTRONIC TRACKING DEVICE IS REMOVED BEFORE

THE VEHICLE'S TITLE IS TRANSFERRED OR THE VEHICLE'S LEASE

EXPIRES;

(II) THE NEW OWNER OF THE VEHICLE, IN THE CASE OF A

SALE, THE LESSOR OF THE VEHICLE, IN THE CASE OF AN

EXPIRED LEASE OR THE CONTRACTOR, IN THE CASE OF AN

EXPIRED CONTRACTUAL AGREEMENT, CONSENTS IN WRITING TO THE

NONREMOVAL OF THE ELECTRONIC TRACKING DEVICE; OR

(III) THE OWNER OF THE VEHICLE AT THE TIME OF

INSTALLATION OF THE ELECTRONIC TRACKING DEVICE WAS THE

ORIGINAL MANUFACTURER OF THE VEHICLE.

(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.

(6) A PERSON ACTING IN GOOD FAITH ON BEHALF OF A

BUSINESS ENTITY FOR A LEGITIMATE BUSINESS INTEREST. THIS

PARAGRAPH DOES NOT APPLY TO A PRIVATE DETECTIVE.

(7) A PRIVATE DETECTIVE ACTING IN GOOD FAITH WHILE

CONDUCTING PRIVATE DETECTIVE BUSINESS AS DEFINED BY THE ACT

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OF AUGUST 21, 1953 (P.L.1273, NO.361), KNOWN AS THE PRIVATE

DETECTIVE ACT OF 1953, WHILE ACTING IN COMPLIANCE WITH ALL

RELEVANT AND EXISTING FEDERAL AND STATE LAWS. THIS PARAGRAPH

DOES NOT APPLY IF A COURT ORDER PROHIBITS THE INSTALLATION OF

A TRACKING DEVICE ON AN INDIVIDUAL OR THE INDIVIDUAL'S

PROPERTY BY THE INDIVIDUAL THAT EMPLOYS OR REQUESTS

ASSISTANCE FROM THE PRIVATE DETECTIVE.

(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

the position and movement of another individual OR THE PROPERTY

OF ANOTHER INDIVIDUAL .

"Fleet vehicle." One or more motor vehicles:

(1) owned by an entity and operated by an employee or

agent of the , LEASED OR CONTRACTED BY AN entity for business

or government purposes ; OR:

(I) AN EMPLOYEE OF THE ENTITY;

(II) AN AGENT OF THE ENTITY; OR

(III) AN INDIVIDUAL AUTHORIZED TO OPERATE THE FLEET

VEHICLE IN COMPLIANCE WITH A CONTRACT BETWEEN THE ENTITY

AND ANOTHER PARTY;

(2) held for lease or rental to the general public; or

(3) held for sale by a motor vehicle dealer.

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

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