CRIMES CODE (18 PA.C.S.) - AMEND HARASSMENT AND STALKING
                 Act of Dec. 9, 2002, P.L. 1759, No. 218              Cl. 18
                             Session of 2002
                               No. 2002-218

     SB 1515

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for the offense of
        harassment and stalking; and making conforming amendments to
        Titles 5, 18, 23 and 42.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2709 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2709.  Harassment [and stalking].
        (a)  [Harassment] Offense defined.--A person commits the
     crime of harassment when, with intent to harass, annoy or alarm
     another, the person:
            (1)  strikes, shoves, kicks or otherwise subjects the
        other person to physical contact, or attempts or threatens to
        do the same;
            (2)  follows the other person in or about a public place
        or places; [or]
            (3)  engages in a course of conduct or repeatedly commits
        acts which serve no legitimate purpose[.];
            (4)  communicates to or about such other person any lewd,
        lascivious, threatening or obscene words, language, drawings
        or caricatures;
            (5)  communicates repeatedly in an anonymous manner;
            (6)  communicates repeatedly at extremely inconvenient
        hours; or
            (7)  communicates repeatedly in a manner other than
        specified in paragraphs (4), (5) and (6).
        [(b)  Stalking.--A person commits the crime of stalking when
     he engages in a course of conduct or repeatedly commits acts
     toward another person, including following the person without
     proper authority, under circumstances which demonstrate either
     of the following:
            (1)  an intent to place the person in reasonable fear of
        bodily injury; or
            (2)  an intent to cause substantial emotional distress to
        the person.]
        (b.1)  Venue.--
            (1)  An offense committed under this section may be
        deemed to have been committed at either the place at which
        the communication or communications were made or at the place
        where the communication or communications were received.
            (2)  Acts indicating a course of conduct which occur in
        more than one jurisdiction may be used by any other
        jurisdiction in which an act occurred as evidence of a
        continuing pattern of conduct or a course of conduct.
        (c)  Grading.--
            (1)  An offense under subsection (a)(1), (2) or (3) shall
        constitute a summary offense.
            (2)  (i)  An offense under subsection [(b)] (a)(4), (5),
            (6) or (7) shall constitute a misdemeanor of the [first]
            third degree.
                [(ii)  A second or subsequent offense under
            subsection (b) or a first offense under subsection (b) if
            the person has been previously convicted of any crime of
            violence involving this same victim, family or household
            members, including, but not limited to, a violation of
            section 2701 (relating to simple assault), 2702 (relating
            to aggravated assault), 2705 (relating to recklessly
            endangering another person), 2901 (relating to
            kidnapping), 3121 (relating to rape), 3123 (relating to
            involuntary deviate sexual intercourse) or 3128 (relating
            to spousal sexual assault), an order issued under section
            4954 (relating to protective orders) or an order issued
            under 23 Pa.C.S. § 6108 (relating to relief), shall
            constitute a felony of the third degree.]
        (d)  False reports.--A person who knowingly gives false
     information to any law enforcement officer with the intent to
     implicate another under this section commits an offense under
     section 4906 (relating to false reports to law enforcement
     authorities).
        (e)  Application of section.--This section shall not apply to
     conduct by a party to a labor dispute as defined in the act of
     June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
     Injunction Act, or to any constitutionally protected activity.
        [(e.1)  Course of conduct.--Acts indicating a course of
     conduct which occur in more than one jurisdiction may be used by
     any other jurisdiction in which an act occurred as evidence of a
     continuing pattern of conduct or a course of conduct.]
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Communicates."  Conveys a message without intent of
     legitimate communication or address by oral, nonverbal, written
     or electronic means, including telephone, electronic mail,
     Internet, facsimile, telex, wireless communication or similar
     transmission.
        "Course of conduct."  A pattern of actions composed of more
     than one act over a period of time, however short, evidencing a
     continuity of conduct. [The term includes lewd, lascivious,
     threatening or obscene words, language, drawings, caricatures or
     actions, either in person or anonymously.] Acts indicating a
     course of conduct which occur in more than one jurisdiction may
     be used by any other jurisdiction in which an act occurred as
     evidence of a continuing pattern of conduct or a course of
     conduct.
        ["Emotional distress."  A temporary or permanent state of
     great physical or mental strain.
        "Family or household member."  Spouses or persons who have
     been spouses, persons living as spouses or who lived as spouses,
     parents and children, other persons related by consanguinity or
     affinity, current or former sexual or intimate partners or
     persons who share biological parenthood.]
        Section 2.  Title 18 is amended by adding a section to read:
      § 2709.1.  Stalking.
        (a)  Offense defined.--A person commits the crime of stalking
     when the person either:
            (1)  engages in a course of conduct or repeatedly commits
        acts toward another person, including following the person
        without proper authority, under circumstances which
        demonstrate either an intent to place such other person in
        reasonable fear of bodily injury or to cause substantial
        emotional distress to such other person; or
            (2)  engages in a course of conduct or repeatedly
        communicates to another person under circumstances which
        demonstrate or communicate either an intent to place such
        other person in reasonable fear of bodily injury or to cause
        substantial emotional distress to such other person.
        (b)  Venue.--
            (1)  An offense committed under this section may be
        deemed to have been committed at either the place at which
        the communication or communications were made or at the place
        where the communication or communications were received.
            (2)  Acts indicating a course of conduct which occur in
        more than one jurisdiction may be used by any other
        jurisdiction in which an act occurred as evidence of a
        continuing pattern of conduct or a course of conduct.
        (c)  Grading.--
            (1)  Except as otherwise provided for in paragraph (2), a
        first offense under this section shall constitute a
        misdemeanor of the first degree.
            (2)  A second or subsequent offense under this section or
        a first offense under subsection (a) if the person has been
        previously convicted of a crime of violence involving the
        same victim, family or household member, including, but not
        limited to, a violation of section 2701 (relating to simple
        assault), 2702 (relating to aggravated assault), 2705
        (relating to recklessly endangering another person), 2901
        (relating to kidnapping), 3121 (relating to rape) or 3123
        (relating to involuntary deviate sexual intercourse), an
        order issued under section 4954 (relating to protective
        orders) or an order issued under 23 Pa.C.S. § 6108 (relating
        to relief) shall constitute a felony of the third degree.
        (d)  False reports.--A person who knowingly gives false
     information to any law enforcement officer with the intent to
     implicate another under this section commits an offense under
     section 4906 (relating to false reports to law enforcement
     authorities).
        (e)  Application of section.--This section shall not apply to
     conduct by a party to a labor dispute as defined in the act of
     June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
     Injunction Act, or to any constitutionally protected activity.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Communicates."  To convey a message without intent of
     legitimate communication or address by oral, nonverbal, written
     or electronic means, including telephone, electronic mail,
     Internet, facsimile, telex, wireless communication or similar
     transmission.
        "Course of conduct."  A pattern of actions composed of more
     than one act over a period of time, however short, evidencing a
     continuity of conduct. The term includes lewd, lascivious,
     threatening or obscene words, language, drawings, caricatures or
     actions, either in person or anonymously. Acts indicating a
     course of conduct which occur in more than one jurisdiction may
     be used by any other jurisdiction in which an act occurred as
     evidence of a continuing pattern of conduct or a course of
     conduct.
        "Emotional distress."  A temporary or permanent state of
     mental anguish.
        "Family or household member."  Spouses or persons who have
     been spouses, persons living as spouses or who lived as spouses,
     parents and children, other persons related by consanguinity or
     affinity, current or former sexual or intimate partners or
     persons who share biological parenthood.
        Section 3.  Sections 2710(a), 2711(a), 4954 and 4955(a)(2) of
     Title 18 are amended to read:
      § 2710.  Ethnic intimidation.
        (a)  Offense defined.--A person commits the offense of ethnic
     intimidation if, with malicious intention toward the race,
     color, religion or national origin of another individual or
     group of individuals, he commits an offense under any other
     provision of this article or under Chapter 33 (relating to
     arson, criminal mischief and other property destruction)
     exclusive of section 3307 (relating to institutional vandalism)
     or under section 3503 (relating to criminal trespass) [or under
     section 5504 (relating to harassment by communication or
     address)] with respect to such individual or his or her property
     or with respect to one or more members of such group or to their
     property.
        * * *
      § 2711.  Probable cause arrests in domestic violence cases.
        (a)  General rule.--A police officer shall have the same
     right of arrest without a warrant as in a felony whenever he has
     probable cause to believe the defendant has violated section
     2504 (relating to involuntary manslaughter), 2701 (relating to
     simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
     assault), 2705 (relating to recklessly endangering another
     person), 2706 (relating to terroristic threats) or [2709(b)
     (relating to harassment and stalking)] 2709.1 (relating to
     stalking) against a family or household member although the
     offense did not take place in the presence of the police
     officer. A police officer may not arrest a person pursuant to
     this section without first observing recent physical injury to
     the victim or other corroborative evidence. For the purposes of
     this subsection, the term "family or household member" has the
     meaning given that term in 23 Pa.C.S. § 6102 (relating to
     definitions).
        * * *
      § 4954.  Protective orders.
        Any court with jurisdiction over any criminal matter may,
     after a hearing and in its discretion, upon substantial
     evidence, which may include hearsay or the declaration of the
     prosecutor that a witness or victim has been intimidated or is
     reasonably likely to be intimidated, issue protective orders,
     including, but not limited to, the following:
            (1)  An order that a defendant not violate any provision
        of this subchapter or section 2709 (relating to harassment
        [and stalking]) or 2709.1 (relating to stalking).
            (2)  An order that a person other than the defendant,
        including, but not limited to, a subpoenaed witness, not
        violate any provision of this subchapter.
            (3)  An order that any person described in paragraph (1)
        or (2) maintain a prescribed geographic distance from any
        specified witness or victim.
            (4)  An order that any person described in paragraph (1)
        or (2) have no communication whatsoever with any specified
        witness or victim, except through an attorney under such
        reasonable restrictions as the court may impose.
      § 4955.  Violation of orders.
        (a)  Punishment.--Any person violating any order made
     pursuant to section 4954 (relating to protective orders) may be
     punished in any of the following ways:
            * * *
            (2)  As a contempt of the court making such order. No
        finding of contempt shall be a bar to prosecution for a
        substantive offense under section 2709 (relating to
        harassment [and stalking]), 2709.1 (relating to stalking),
        4952 (relating to intimidation of witnesses or victims) or
        4953 (relating to retaliation against witness or victim),
        but:
                (i)  any person so held in contempt shall be entitled
            to credit for any punishment imposed therein against any
            sentence imposed on conviction of said substantive
            offense; and
                (ii)  any conviction or acquittal for any substantive
            offense under this title shall be a bar to subsequent
            punishment for contempt arising out of the same act.
            * * *
        Section 4.  Section 5504 of Title 18 is repealed.
        Section 5.  Sections 5708(1) and (2) and 6105(b) of Title 18
     are amended to read:
      § 5708.  Order authorizing interception of wire, electronic or
                oral communications.
        The Attorney General, or, during the absence or incapacity of
     the Attorney General, a deputy attorney general designated in
     writing by the Attorney General, or the district attorney or,
     during the absence or incapacity of the district attorney, an
     assistant district attorney designated in writing by the
     district attorney of the county wherein the interception is to
     be made, may make written application to any Superior Court
     judge for an order authorizing the interception of a wire,
     electronic or oral communication by the investigative or law
     enforcement officers or agency having responsibility for an
     investigation involving suspected criminal activities when such
     interception may provide evidence of the commission of any of
     the following offenses, or may provide evidence aiding in the
     apprehension of the perpetrator or perpetrators of any of the
     following offenses:
            (1)  Under this title:
                Section 911 (relating to corrupt organizations)
                Section 2501 (relating to criminal homicide)
                Section 2502 (relating to murder)
                Section 2503 (relating to voluntary manslaughter)
                Section 2702 (relating to aggravated assault)
                Section 2706 (relating to terroristic threats)
                [Section 2709(b) (relating to harassment and
            stalking)]
                Section 2709.1 (relating to stalking)
                Section 2901 (relating to kidnapping)
                Section 3121 (relating to rape)
                Section 3123 (relating to involuntary deviate sexual
            intercourse)
                Section 3124.1 (relating to sexual assault)
                Section 3125 (relating to aggravated indecent
            assault)
                Section 3301 (relating to arson and related offenses)
                Section 3302 (relating to causing or risking
            catastrophe)
                Section 3502 (relating to burglary)
                Section 3701 (relating to robbery)
                Section 3921 (relating to theft by unlawful taking or
            disposition)
                Section 3922 (relating to theft by deception)
                Section 3923 (relating to theft by extortion)
                Section 4701 (relating to bribery in official and
            political matters)
                Section 4702 (relating to threats and other improper
            influence in official and political matters)
                Section 5512 (relating to lotteries, etc.)
                Section 5513 (relating to gambling devices, gambling,
            etc.)
                Section 5514 (relating to pool selling and
            bookmaking)
                Section 6318 (relating to unlawful contact or
            communication with minor)
            (2)  Under this title, where such offense is dangerous to
        life, limb or property and punishable by imprisonment for
        more than one year:
                Section 910 (relating to manufacture, distribution or
            possession of devices for theft of telecommunications
            services)
                Section 2709(a)(4), (5), (6) or (7) (relating to
            harassment)
                Section 3925 (relating to receiving stolen property)
                Section 3926 (relating to theft of services)
                Section 3927 (relating to theft by failure to make
            required disposition of funds received)
                Section 3933 (relating to unlawful use of computer)
                Section 4108 (relating to commercial bribery and
            breach of duty to act disinterestedly)
                Section 4109 (relating to rigging publicly exhibited
            contest)
                Section 4117 (relating to insurance fraud)
                Section 4305 (relating to dealing in infant children)
                Section 4902 (relating to perjury)
                Section 4909 (relating to witness or informant taking
            bribe)
                Section 4911 (relating to tampering with public
            records or information)
                Section 4952 (relating to intimidation of witnesses
            or victims)
                Section 4953 (relating to retaliation against witness
            or victim)
                Section 5101 (relating to obstructing administration
            of law or other governmental function)
                Section 5111 (relating to dealing in proceeds of
            unlawful activities)
                Section 5121 (relating to escape)
                [Section 5504 (relating to harassment by
            communication or address)]
                Section 5902 (relating to prostitution and related
            offenses)
                Section 5903 (relating to obscene and other sexual
            materials and performances)
                Section 7313 (relating to buying or exchanging
            Federal food order coupons, stamps, authorization cards
            or access devices)
            * * *
      § 6105.  Persons not to possess, use, manufacture, control,
                sell or transfer firearms.
        * * *
        (b)  Enumerated offenses.--The following offenses shall apply
     to subsection (a):
            Section 908 (relating to prohibited offensive weapons).
            Section 911 (relating to corrupt organizations).
            Section 912 (relating to possession of weapon on school
        property).
            Section 2502 (relating to murder).
            Section 2503 (relating to voluntary manslaughter).
            Section 2504 (relating to involuntary manslaughter) if
        the offense is based on the reckless use of a firearm.
            Section 2702 (relating to aggravated assault).
            Section 2703 (relating to assault by prisoner).
            Section 2704 (relating to assault by life prisoner).
            [Section 2709 (relating to harassment and stalking) if
        the offense relates to stalking.]
            Section 2709.1 (relating to stalking).
            Section 2901 (relating to kidnapping).
            Section 2902 (relating to unlawful restraint).
            Section 2910 (relating to luring a child into a motor
        vehicle).
            Section 3121 (relating to rape).
            Section 3123 (relating to involuntary deviate sexual
        intercourse).
            Section 3125 (relating to aggravated indecent assault).
            Section 3301 (relating to arson and related offenses).
            Section 3302 (relating to causing or risking
        catastrophe).
            Section 3502 (relating to burglary).
            Section 3503 (relating to criminal trespass) if the
        offense is graded a felony of the second degree or higher.
            Section 3701 (relating to robbery).
            Section 3702 (relating to robbery of motor vehicle).
            Section 3921 (relating to theft by unlawful taking or
        disposition) upon conviction of the second felony offense.
            Section 3923 (relating to theft by extortion) when the
        offense is accompanied by threats of violence.
            Section 3925 (relating to receiving stolen property) upon
        conviction of the second felony offense.
            Section 4912 (relating to impersonating a public servant)
        if the person is impersonating a law enforcement officer.
            Section 4952 (relating to intimidation of witnesses or
        victims).
            Section 4953 (relating to retaliation against witness or
        victim).
            Section 5121 (relating to escape).
            Section 5122 (relating to weapons or implements for
        escape).
            Section 5501(3) (relating to riot).
            Section 5515 (relating to prohibiting of paramilitary
        training).
            Section 6110.1 (relating to possession of firearm by
        minor).
            Section 6301 (relating to corruption of minors).
            Section 6302 (relating to sale or lease of weapons and
        explosives).
            Any offense equivalent to any of the above-enumerated
        offenses under the prior laws of this Commonwealth or any
        offense equivalent to any of the above-enumerated offenses
        under the statutes of any other state or of the United
        States.
        * * *
        Section 6.  Section 3304(a) of Title 5 is amended to read:
      § 3304.  Issuance of registration to certain persons
     prohibited.
        (a)  Prior criminal acts.--The commission shall not issue
     athletic agent registration to or renew the athletic agent
     registration of a person who has been convicted of any of the
     following offenses, or any comparable offense in another
     jurisdiction, within ten years of the date of application:
            (1)  An offense under the act of April 14, 1972 (P.L.233,
        No.64), known as The Controlled Substance, Drug, Device and
        Cosmetic Act.
            (2)  An offense under the following provisions of 18
        Pa.C.S. (relating to crimes and offenses):
            Section 902 (relating to criminal solicitation).
            Section 908 (relating to prohibited offensive weapons).
            Section 2502 (relating to murder).
            Section 2709(a)(4), (5), (6) or (7) (relating to
        harassment).
            Section 2709.1 (relating to stalking).
            Section 2901 (relating to kidnapping).
            Section 3121 (relating to rape).
            Section 3126 (relating to indecent assault).
            Section 3923 (relating to theft by extortion).
            Section 4109 (relating to rigging publicly exhibited
        contest).
            Section 4302 (relating to incest).
            Section 4304 (relating to endangering welfare of
        children).
            Section 4305 (relating to dealing in infant children).
            Section 4701 (relating to bribery in official and
        political matters).
            Section 4902 (relating to perjury).
            Section 5501 (relating to riot).
            [Section 5504 (relating to harassment by communication or
        address).]
            Section 5512 (relating to lotteries, etc.).
            Section 5513 (relating to gambling devices, gambling,
        etc.).
            Section 5514 (relating to pool selling and bookmaking).
            Section 5901 (relating to open lewdness).
            Section 5902 (relating to prostitution and related
        offenses).
            Section 5903 (relating to obscene and other sexual
        materials and performances).
            Section 5904 (relating to public exhibition of insane or
        deformed person).
            Section 6301 (relating to corruption of minors).
            Section 6312 (relating to sexual abuse of children).
            Section 7107 (relating to unlawful actions by athlete
        agents).
        * * *
        Section 7.  Sections 5303(b.1)(2), 6108(a)(9) and 6344(c)(2)
     of Title 23 are amended to read:
      § 5303.  Award of custody, partial custody or visitation.
        * * *
        (b.1)  Consideration of criminal charge.--
            * * *
            (2)  In evaluating any request for temporary custody or
        modification of a custody, partial custody or visitation
        order, the court shall consider whether the parent who is or
        has been charged with an offense listed below poses a risk of
        harm to the child:
                (i)  18 Pa.C.S. Ch. 25;
                (ii)  18 Pa.C.S. § 2702 (relating to aggravated
            assault);
                (iii)  18 Pa.C.S. § 2706 (relating to terroristic
            threats);
                (iv)  18 Pa.C.S. § [2709(b) (relating to harassment
            and] 2709.1 (relating to stalking);
                (v)  18 Pa.C.S. § 2901;
                (vi)  18 Pa.C.S. § 2902;
                (vii)  18 Pa.C.S. § 2903 (relating to false
            imprisonment);
                (viii)  18 Pa.C.S. § 3121;
                (ix)  18 Pa.C.S. § 3122.1;
                (x)  18 Pa.C.S. § 3123;
                (xi)  18 Pa.C.S. § 3124.1;
                (xii)  18 Pa.C.S. § 3125;
                (xiii)  18 Pa.C.S. § 3126;
                (xiv)  18 Pa.C.S. § 3127;
                (xv)  18 Pa.C.S. § 3301 (relating to arson and
            related offenses);
                (xvi)  18 Pa.C.S. § 4302;
                (xvii)  18 Pa.C.S. § 4304;
                (xviii)  18 Pa.C.S. § 6312; and
                (xix)  23 Pa.C.S. § 6114 (relating to contempt for
            violation of order or agreement).
            * * *
      § 6108.  Relief.
        (a)  General rule.--The court may grant any protection order
     or approve any consent agreement to bring about a cessation of
     abuse of the plaintiff or minor children. The order or agreement
     may include:
            * * *
            (9)  Directing the defendant to refrain from stalking or
        harassing the plaintiff and other designated persons as
        defined in 18 Pa.C.S. [§] §§ 2709 (relating to harassment
        [and stalking]) and 2709.1 (relating to stalking).
            * * *
      § 6344.  Information relating to prospective child-care
                personnel.
        * * *
        (c)  Grounds for denying employment.--
            * * *
            (2)  In no case shall an administrator hire an applicant
        if the applicant's criminal history record information
        indicates the applicant has been convicted of one or more of
        the following offenses under Title 18 (relating to crimes and
        offenses) or an equivalent crime under Federal law or the law
        of another state:
            Chapter 25 (relating to criminal homicide).
            Section 2702 (relating to aggravated assault).
            [Section 2709 (relating to harassment and stalking).]
            Section 2709.1 (relating to stalking).
            Section 2901 (relating to kidnapping).
            Section 2902 (relating to unlawful restraint).
            Section 3121 (relating to rape).
            Section 3122.1 (relating to statutory sexual assault).
            Section 3123 (relating to involuntary deviate sexual
        intercourse).
            Section 3124.1 (relating to sexual assault).
            Section 3125 (relating to aggravated indecent assault).
            Section 3126 (relating to indecent assault).
            Section 3127 (relating to indecent exposure).
            Section 4302 (relating to incest).
            Section 4303 (relating to concealing death of child).
            Section 4304 (relating to endangering welfare of
        children).
            Section 4305 (relating to dealing in infant children).
            A felony offense under section 5902(b) (relating to
        prostitution and related offenses).
            Section 5903(c) or (d) (relating to obscene and other
        sexual materials and performances).
            Section 6301 (relating to corruption of minors).
            Section 6312 (relating to sexual abuse of children).
            The attempt, solicitation or conspiracy to commit any of
        the offenses set forth in this paragraph.
            * * *
        Section 8.  Section 3573(c)(1) of Title 42 is amended to
     read:
      § 3573.  Municipal corporation portion of fines, etc.
        * * *
        (c)  Summary offenses.--Fines, forfeited recognizances and
     other forfeitures imposed, lost or forfeited under the following
     provisions of law shall, when any such offense is committed in a
     municipal corporation, be payable to such municipal corporation:
            (1)  Under the following provisions of Title 18 (relating
        to crimes and offenses):
                [Section 2709 (relating to harassment).]
                Section 3304 (relating to criminal mischief).
                Section 3503 (relating to criminal trespass).
                Section 3929 (relating to retail theft).
                Section 4105 (relating to bad checks).
                Section 5503 (relating to disorderly conduct).
                Section 5505 (relating to public drunkenness).
                Section 5511 (relating to cruelty to animals).
                Section 6308 (relating to purchase, consumption,
            possession or transportation of intoxicating beverages).
                Section 6501 (relating to scattering rubbish).
            * * *
        Section 9.  (1)  Except as otherwise provided for in
        paragraph (2), any reference in any act or part of an act to
        18 Pa.C.S. § 2709 without specification as to subsection (a)
        or (b) of that section shall be deemed to include a reference
        to 18 Pa.C.S. § 2709.1 as if fully set forth in that act or
        part of that act.
            (2)  Any reference in any act or part of an act to 18
        Pa.C.S. § 2709(b) shall be deemed a reference to 18 Pa.C.S. §
        2709.1 as if fully set forth in that act or part of that act.
        Section 10.  (1)  Except as otherwise provided for in
        paragraph (2) or (3), any reference in any act or part of an
        act to 18 Pa.C.S. § 5504 without specification as to
        subsection (a) or (a.1) of that section shall be deemed a
        reference to 18 Pa.C.S. §§ 2709(a)(4), (5), (6) and (7) and
        2709.1 as if fully set forth in that act or part of that act.
            (2)  Any reference in any act or part of an act to 18
        Pa.C.S. § 5504(a) shall be deemed a reference to 18 Pa.C.S. §
        2709(a)(4), (5), (6) and (7) as if fully set forth in that
        act or part of that act.
            (3)  Any reference in any act or part of an act to 18
        Pa.C.S. § 5504(a.1) shall be deemed a reference to 18 Pa.C.S.
        § 2709.1 as if fully set forth in that act or part of that
        act.
        Section 11.  This act shall take effect in 60 days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER