PRINTER'S NO. 2207
No. 1515 Session of 2002
INTRODUCED BY CONTI, GREENLEAF, HOLL, COSTA, LAVALLE,
TARTAGLIONE, A. WILLIAMS AND C. WILLIAMS, AUGUST 30, 2002
REFERRED TO JUDICIARY, AUGUST 30, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 harassment and stalking; and making conforming amendments to
4 Titles 5, 18, 23 and 42.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2709 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 2709. Harassment [and stalking].
10 (a) [Harassment] Offense defined.--A person commits the
11 crime of harassment when, with intent to harass, annoy or alarm
12 another, the person:
13 (1) strikes, shoves, kicks or otherwise subjects the
14 other person to physical contact, or attempts or threatens to
15 do the same;
16 (2) follows the other person in or about a public place
17 or places; [or]
18 (3) engages in a course of conduct or repeatedly commits
19 acts which serve no legitimate purpose[.];
1 (4) communicates to or about such other person any lewd,
2 lascivious, threatening or obscene words, language, drawings
3 or caricatures;
4 (5) communicates repeatedly in an anonymous manner;
5 (6) communicates repeatedly at extremely inconvenient
6 hours; or
7 (7) communicates repeatedly in a manner other than
8 specified in paragraphs (4), (5) and (6).
9 [(b) Stalking.--A person commits the crime of stalking when
10 he engages in a course of conduct or repeatedly commits acts
11 toward another person, including following the person without
12 proper authority, under circumstances which demonstrate either
13 of the following:
14 (1) an intent to place the person in reasonable fear of
15 bodily injury; or
16 (2) an intent to cause substantial emotional distress to
17 the person.]
18 (b.1) Venue.--
19 (1) An offense committed under this section may be
20 deemed to have been committed at either the place at which
21 the communication or communications were made or at the place
22 where the communication or communications were received.
23 (2) Acts indicating a course of conduct which occur in
24 more than one jurisdiction may be used by any other
25 jurisdiction in which an act occurred as evidence of a
26 continuing pattern of conduct or a course of conduct.
27 (c) Grading.--
28 [(1)] An offense under [subsection (a)] this section
29 shall constitute a summary offense.
30 [(2) (i) An offense under subsection (b) shall
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1 constitute a misdemeanor of the first degree.
2 (ii) A second or subsequent offense under subsection
3 (b) or a first offense under subsection (b) if the person
4 has been previously convicted of any crime of violence
5 involving this same victim, family or household members,
6 including, but not limited to, a violation of section
7 2701 (relating to simple assault), 2702 (relating to
8 aggravated assault), 2705 (relating to recklessly
9 endangering another person), 2901 (relating to
10 kidnapping), 3121 (relating to rape), 3123 (relating to
11 involuntary deviate sexual intercourse) or 3128 (relating
12 to spousal sexual assault), an order issued under section
13 4954 (relating to protective orders) or an order issued
14 under 23 Pa.C.S. § 6108 (relating to relief), shall
15 constitute a felony of the third degree.]
16 (d) False reports.--A person who knowingly gives false
17 information to any law enforcement officer with the intent to
18 implicate another under this section commits an offense under
19 section 4906 (relating to false reports to law enforcement
20 authorities).
21 (e) Application of section.--This section shall not apply to
22 conduct by a party to a labor dispute as defined in the act of
23 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
24 Injunction Act, or to any constitutionally protected activity.
25 [(e.1) Course of conduct.--Acts indicating a course of
26 conduct which occur in more than one jurisdiction may be used by
27 any other jurisdiction in which an act occurred as evidence of a
28 continuing pattern of conduct or a course of conduct.]
29 (f) Definitions.--As used in this section, the following
30 words and phrases shall have the meanings given to them in this
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1 subsection:
2 "Communicates." Conveys a message without intent of
3 legitimate communication or address by oral, nonverbal, written
4 or electronic means, including telephone, electronic mail,
5 Internet, facsimile, telex, wireless communication or similar
6 transmission.
7 "Course of conduct." A pattern of actions composed of more
8 than one act over a period of time, however short, evidencing a
9 continuity of conduct. [The term includes lewd, lascivious,
10 threatening or obscene words, language, drawings, caricatures or
11 actions, either in person or anonymously.] Acts indicating a
12 course of conduct which occur in more than one jurisdiction may
13 be used by any other jurisdiction in which an act occurred as
14 evidence of a continuing pattern of conduct or a course of
15 conduct.
16 ["Emotional distress." A temporary or permanent state of
17 great physical or mental strain.
18 "Family or household member." Spouses or persons who have
19 been spouses, persons living as spouses or who lived as spouses,
20 parents and children, other persons related by consanguinity or
21 affinity, current or former sexual or intimate partners or
22 persons who share biological parenthood.]
23 Section 2. Title 18 is amended by adding a section to read:
24 § 2709.1. Stalking.
25 (a) Offense defined.--A person commits the crime of stalking
26 when the person either:
27 (1) engages in a course of conduct or repeatedly commits
28 acts toward another person, including following the person
29 without proper authority, under circumstances which
30 demonstrate either an intent to place such other person in
20020S1515B2207 - 4 -
1 reasonable fear of bodily injury or to cause substantial
2 emotional distress to such other person; or
3 (2) engages in a course of conduct or repeatedly
4 communicates to another person under circumstances which
5 demonstrate or communicate either an intent to place such
6 other person in reasonable fear of bodily injury or to cause
7 substantial emotional distress to such other person.
8 (b) Venue.--
9 (1) An offense committed under this section may be
10 deemed to have been committed at either the place at which
11 the communication or communications were made or at the place
12 where the communication or communications were received.
13 (2) Acts indicating a course of conduct which occur in
14 more than one jurisdiction may be used by any other
15 jurisdiction in which an act occurred as evidence of a
16 continuing pattern of conduct or a course of conduct.
17 (c) Grading.--
18 (1) Except as otherwise provided for in paragraph (2), a
19 first offense under this section shall constitute a
20 misdemeanor of the first degree.
21 (2) A second or subsequent offense under this section or
22 a first offense under subsection (a) if the person has been
23 previously convicted of a crime of violence involving the
24 same victim, family or household member, including, but not
25 limited to, a violation of section 2701 (relating to simple
26 assault), 2702 (relating to aggravated assault), 2705
27 (relating to recklessly endangering another person), 2901
28 (relating to kidnapping), 3121 (relating to rape) or 3123
29 (relating to involuntary deviate sexual intercourse), an
30 order issued under section 4954 (relating to protective
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1 orders) or an order issued under 23 Pa.C.S. § 6108 (relating
2 to relief), shall constitute a felony of the third degree.
3 (d) False reports.--A person who knowingly gives false
4 information to any law enforcement officer with the intent to
5 implicate another under this section commits an offense under
6 section 4906 (relating to false reports to law enforcement
7 authorities).
8 (e) Application of section.--This section shall not apply to
9 conduct by a party to a labor dispute as defined in the act of
10 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
11 Injunction Act, or to any constitutionally protected activity.
12 (f) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "Communicates." To convey a message without intent of
16 legitimate communication or address by oral, nonverbal, written
17 or electronic means, including telephone, electronic mail,
18 Internet, facsimile, telex, wireless communication or similar
19 transmission.
20 "Course of conduct." A pattern of actions composed of more
21 than one act over a period of time, however short, evidencing a
22 continuity of conduct. The term includes lewd, lascivious,
23 threatening or obscene words, language, drawings, caricatures or
24 actions, either in person or anonymously. Acts indicating a
25 course of conduct which occur in more than one jurisdiction may
26 be used by any other jurisdiction in which an act occurred as
27 evidence of a continuing pattern of conduct or a course of
28 conduct.
29 "Emotional distress." A temporary or permanent state of
30 mental anguish.
20020S1515B2207 - 6 -
1 "Family or household member." Spouses or persons who have
2 been spouses, persons living as spouses or who lived as spouses,
3 parents and children, other persons related by consanguinity or
4 affinity, current or former sexual or intimate partners or
5 persons who share biological parenthood.
6 Section 3. Sections 2710(a), 2711(a), 4954 and 4955(a)(2) of
7 Title 18 are amended to read:
8 § 2710. Ethnic intimidation.
9 (a) Offense defined.--A person commits the offense of ethnic
10 intimidation if, with malicious intention toward the race,
11 color, religion or national origin of another individual or
12 group of individuals, he commits an offense under any other
13 provision of this article or under Chapter 33 (relating to
14 arson, criminal mischief and other property destruction)
15 exclusive of section 3307 (relating to institutional vandalism)
16 or under section 3503 (relating to criminal trespass) [or under
17 section 5504 (relating to harassment by communication or
18 address)] with respect to such individual or his or her property
19 or with respect to one or more members of such group or to their
20 property.
21 * * *
22 § 2711. Probable cause arrests in domestic violence cases.
23 (a) General rule.--A police officer shall have the same
24 right of arrest without a warrant as in a felony whenever he has
25 probable cause to believe the defendant has violated section
26 2504 (relating to involuntary manslaughter), 2701 (relating to
27 simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
28 assault), 2705 (relating to recklessly endangering another
29 person), 2706 (relating to terroristic threats) or [2709(b)
30 (relating to harassment and stalking)] 2709.1 (relating to
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1 stalking) against a family or household member although the
2 offense did not take place in the presence of the police
3 officer. A police officer may not arrest a person pursuant to
4 this section without first observing recent physical injury to
5 the victim or other corroborative evidence. For the purposes of
6 this subsection, the term "family or household member" has the
7 meaning given that term in 23 Pa.C.S. § 6102 (relating to
8 definitions).
9 * * *
10 § 4954. Protective orders.
11 Any court with jurisdiction over any criminal matter may,
12 after a hearing and in its discretion, upon substantial
13 evidence, which may include hearsay or the declaration of the
14 prosecutor that a witness or victim has been intimidated or is
15 reasonably likely to be intimidated, issue protective orders,
16 including, but not limited to, the following:
17 (1) An order that a defendant not violate any provision
18 of this subchapter or section 2709 (relating to harassment
19 [and stalking]) or 2709.1 (relating to stalking).
20 (2) An order that a person other than the defendant,
21 including, but not limited to, a subpoenaed witness, not
22 violate any provision of this subchapter.
23 (3) An order that any person described in paragraph (1)
24 or (2) maintain a prescribed geographic distance from any
25 specified witness or victim.
26 (4) An order that any person described in paragraph (1)
27 or (2) have no communication whatsoever with any specified
28 witness or victim, except through an attorney under such
29 reasonable restrictions as the court may impose.
30 § 4955. Violation of orders.
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1 (a) Punishment.--Any person violating any order made
2 pursuant to section 4954 (relating to protective orders) may be
3 punished in any of the following ways:
4 * * *
5 (2) As a contempt of the court making such order. No
6 finding of contempt shall be a bar to prosecution for a
7 substantive offense under section 2709 (relating to
8 harassment [and stalking]), 2709.1 (relating to stalking),
9 4952 (relating to intimidation of witnesses or victims) or
10 4953 (relating to retaliation against witness or victim),
11 but:
12 (i) any person so held in contempt shall be entitled
13 to credit for any punishment imposed therein against any
14 sentence imposed on conviction of said substantive
15 offense; and
16 (ii) any conviction or acquittal for any substantive
17 offense under this title shall be a bar to subsequent
18 punishment for contempt arising out of the same act.
19 * * *
20 Section 4. Section 5504 of Title 18 is repealed.
21 Section 5. Sections 5708(1) and (2) and 6105(b) of Title 18
22 are amended to read:
23 § 5708. Order authorizing interception of wire, electronic or
24 oral communications.
25 The Attorney General, or, during the absence or incapacity of
26 the Attorney General, a deputy attorney general designated in
27 writing by the Attorney General, or the district attorney or,
28 during the absence or incapacity of the district attorney, an
29 assistant district attorney designated in writing by the
30 district attorney of the county wherein the interception is to
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1 be made, may make written application to any Superior Court
2 judge for an order authorizing the interception of a wire,
3 electronic or oral communication by the investigative or law
4 enforcement officers or agency having responsibility for an
5 investigation involving suspected criminal activities when such
6 interception may provide evidence of the commission of any of
7 the following offenses, or may provide evidence aiding in the
8 apprehension of the perpetrator or perpetrators of any of the
9 following offenses:
10 (1) Under this title:
11 Section 911 (relating to corrupt organizations)
12 Section 2501 (relating to criminal homicide)
13 Section 2502 (relating to murder)
14 Section 2503 (relating to voluntary manslaughter)
15 Section 2702 (relating to aggravated assault)
16 Section 2706 (relating to terroristic threats)
17 [Section 2709(b) (relating to harassment and
18 stalking)]
19 Section 2709.1 (relating to stalking)
20 Section 2901 (relating to kidnapping)
21 Section 3121 (relating to rape)
22 Section 3123 (relating to involuntary deviate sexual
23 intercourse)
24 Section 3124.1 (relating to sexual assault)
25 Section 3125 (relating to aggravated indecent
26 assault)
27 Section 3301 (relating to arson and related offenses)
28 Section 3302 (relating to causing or risking
29 catastrophe)
30 Section 3502 (relating to burglary)
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1 Section 3701 (relating to robbery)
2 Section 3921 (relating to theft by unlawful taking or
3 disposition)
4 Section 3922 (relating to theft by deception)
5 Section 3923 (relating to theft by extortion)
6 Section 4701 (relating to bribery in official and
7 political matters)
8 Section 4702 (relating to threats and other improper
9 influence in official and political matters)
10 Section 5512 (relating to lotteries, etc.)
11 Section 5513 (relating to gambling devices, gambling,
12 etc.)
13 Section 5514 (relating to pool selling and
14 bookmaking)
15 Section 6318 (relating to unlawful contact or
16 communication with minor)
17 (2) Under this title, where such offense is dangerous to
18 life, limb or property and punishable by imprisonment for
19 more than one year:
20 Section 910 (relating to manufacture, distribution or
21 possession of devices for theft of telecommunications
22 services)
23 Section 2709(a)(4), (5), (6) or (7) (relating to
24 harassment)
25 Section 3925 (relating to receiving stolen property)
26 Section 3926 (relating to theft of services)
27 Section 3927 (relating to theft by failure to make
28 required disposition of funds received)
29 Section 3933 (relating to unlawful use of computer)
30 Section 4108 (relating to commercial bribery and
20020S1515B2207 - 11 -
1 breach of duty to act disinterestedly)
2 Section 4109 (relating to rigging publicly exhibited
3 contest)
4 Section 4117 (relating to insurance fraud)
5 Section 4305 (relating to dealing in infant children)
6 Section 4902 (relating to perjury)
7 Section 4909 (relating to witness or informant taking
8 bribe)
9 Section 4911 (relating to tampering with public
10 records or information)
11 Section 4952 (relating to intimidation of witnesses
12 or victims)
13 Section 4953 (relating to retaliation against witness
14 or victim)
15 Section 5101 (relating to obstructing administration
16 of law or other governmental function)
17 Section 5111 (relating to dealing in proceeds of
18 unlawful activities)
19 Section 5121 (relating to escape)
20 [Section 5504 (relating to harassment by
21 communication or address)]
22 Section 5902 (relating to prostitution and related
23 offenses)
24 Section 5903 (relating to obscene and other sexual
25 materials and performances)
26 Section 7313 (relating to buying or exchanging
27 Federal food order coupons, stamps, authorization cards
28 or access devices)
29 * * *
30 § 6105. Persons not to possess, use, manufacture, control, sell
20020S1515B2207 - 12 -
1 or transfer firearms.
2 * * *
3 (b) Enumerated offenses.--The following offenses shall apply
4 to subsection (a):
5 Section 908 (relating to prohibited offensive weapons).
6 Section 911 (relating to corrupt organizations).
7 Section 912 (relating to possession of weapon on school
8 property).
9 Section 2502 (relating to murder).
10 Section 2503 (relating to voluntary manslaughter).
11 Section 2504 (relating to involuntary manslaughter) if
12 the offense is based on the reckless use of a firearm.
13 Section 2702 (relating to aggravated assault).
14 Section 2703 (relating to assault by prisoner).
15 Section 2704 (relating to assault by life prisoner).
16 [Section 2709 (relating to harassment and stalking) if
17 the offense relates to stalking.]
18 Section 2709.1 (relating to stalking).
19 Section 2901 (relating to kidnapping).
20 Section 2902 (relating to unlawful restraint).
21 Section 2910 (relating to luring a child into a motor
22 vehicle).
23 Section 3121 (relating to rape).
24 Section 3123 (relating to involuntary deviate sexual
25 intercourse).
26 Section 3125 (relating to aggravated indecent assault).
27 Section 3301 (relating to arson and related offenses).
28 Section 3302 (relating to causing or risking
29 catastrophe).
30 Section 3502 (relating to burglary).
20020S1515B2207 - 13 -
1 Section 3503 (relating to criminal trespass) if the
2 offense is graded a felony of the second degree or higher.
3 Section 3701 (relating to robbery).
4 Section 3702 (relating to robbery of motor vehicle).
5 Section 3921 (relating to theft by unlawful taking or
6 disposition) upon conviction of the second felony offense.
7 Section 3923 (relating to theft by extortion) when the
8 offense is accompanied by threats of violence.
9 Section 3925 (relating to receiving stolen property) upon
10 conviction of the second felony offense.
11 Section 4912 (relating to impersonating a public servant)
12 if the person is impersonating a law enforcement officer.
13 Section 4952 (relating to intimidation of witnesses or
14 victims).
15 Section 4953 (relating to retaliation against witness or
16 victim).
17 Section 5121 (relating to escape).
18 Section 5122 (relating to weapons or implements for
19 escape).
20 Section 5501(3) (relating to riot).
21 Section 5515 (relating to prohibiting of paramilitary
22 training).
23 Section 6110.1 (relating to possession of firearm by
24 minor).
25 Section 6301 (relating to corruption of minors).
26 Section 6302 (relating to sale or lease of weapons and
27 explosives).
28 Any offense equivalent to any of the above-enumerated
29 offenses under the prior laws of this Commonwealth or any
30 offense equivalent to any of the above-enumerated offenses
20020S1515B2207 - 14 -
1 under the statutes of any other state or of the United
2 States.
3 * * *
4 Section 6. Section 3304(a) of Title 5 is amended to read:
5 § 3304. Issuance of registration to certain persons prohibited.
6 (a) Prior criminal acts.--The commission shall not issue
7 athletic agent registration to or renew the athletic agent
8 registration of a person who has been convicted of any of the
9 following offenses, or any comparable offense in another
10 jurisdiction, within ten years of the date of application:
11 (1) An offense under the act of April 14, 1972 (P.L.233,
12 No.64), known as The Controlled Substance, Drug, Device and
13 Cosmetic Act.
14 (2) An offense under the following provisions of 18
15 Pa.C.S. (relating to crimes and offenses):
16 Section 902 (relating to criminal solicitation).
17 Section 908 (relating to prohibited offensive weapons).
18 Section 2502 (relating to murder).
19 Section 2709(a)(4), (5), (6) or (7) (relating to
20 harassment).
21 Section 2709.1 (relating to stalking).
22 Section 2901 (relating to kidnapping).
23 Section 3121 (relating to rape).
24 Section 3126 (relating to indecent assault).
25 Section 3923 (relating to theft by extortion).
26 Section 4109 (relating to rigging publicly exhibited
27 contest).
28 Section 4302 (relating to incest).
29 Section 4304 (relating to endangering welfare of
30 children).
20020S1515B2207 - 15 -
1 Section 4305 (relating to dealing in infant children).
2 Section 4701 (relating to bribery in official and
3 political matters).
4 Section 4902 (relating to perjury).
5 Section 5501 (relating to riot).
6 [Section 5504 (relating to harassment by communication or
7 address).]
8 Section 5512 (relating to lotteries, etc.).
9 Section 5513 (relating to gambling devices, gambling,
10 etc.).
11 Section 5514 (relating to pool selling and bookmaking).
12 Section 5901 (relating to open lewdness).
13 Section 5902 (relating to prostitution and related
14 offenses).
15 Section 5903 (relating to obscene and other sexual
16 materials and performances).
17 Section 5904 (relating to public exhibition of insane or
18 deformed person).
19 Section 6301 (relating to corruption of minors).
20 Section 6312 (relating to sexual abuse of children).
21 Section 7107 (relating to unlawful actions by athlete
22 agents).
23 * * *
24 Section 7. Sections 5303(b.1)(2), 6108(a)(9) and 6344(c)(2)
25 of Title 23 are amended to read:
26 § 5303. Award of custody, partial custody or visitation.
27 * * *
28 (b.1) Consideration of criminal charge.--
29 * * *
30 (2) In evaluating any request for temporary custody or
20020S1515B2207 - 16 -
1 modification of a custody, partial custody or visitation
2 order, the court shall consider whether the parent who is or
3 has been charged with an offense listed below poses a risk of
4 harm to the child:
5 (i) 18 Pa.C.S. Ch. 25;
6 (ii) 18 Pa.C.S. § 2702 (relating to aggravated
7 assault);
8 (iii) 18 Pa.C.S. § 2706 (relating to terroristic
9 threats);
10 (iv) 18 Pa.C.S. § [2709(b) (relating to harassment
11 and] 2709.1 (relating to stalking);
12 (v) 18 Pa.C.S. § 2901;
13 (vi) 18 Pa.C.S. § 2902;
14 (vii) 18 Pa.C.S. § 2903 (relating to false
15 imprisonment);
16 (viii) 18 Pa.C.S. § 3121;
17 (ix) 18 Pa.C.S. § 3122.1;
18 (x) 18 Pa.C.S. § 3123;
19 (xi) 18 Pa.C.S. § 3124.1;
20 (xii) 18 Pa.C.S. § 3125;
21 (xiii) 18 Pa.C.S. § 3126;
22 (xiv) 18 Pa.C.S. § 3127;
23 (xv) 18 Pa.C.S. § 3301 (relating to arson and
24 related offenses);
25 (xvi) 18 Pa.C.S. § 4302;
26 (xvii) 18 Pa.C.S. § 4304;
27 (xviii) 18 Pa.C.S. § 6312; and
28 (xix) 23 Pa.C.S. § 6114 (relating to contempt for
29 violation of order or agreement).
30 * * *
20020S1515B2207 - 17 -
1 § 6108. Relief.
2 (a) General rule.--The court may grant any protection order
3 or approve any consent agreement to bring about a cessation of
4 abuse of the plaintiff or minor children. The order or agreement
5 may include:
6 * * *
7 (9) Directing the defendant to refrain from stalking or
8 harassing the plaintiff and other designated persons as
9 defined in 18 Pa.C.S. [§] §§ 2709 (relating to harassment
10 [and stalking]) and 2709.1 (relating to stalking).
11 * * *
12 § 6344. Information relating to prospective child-care
13 personnel.
14 * * *
15 (c) Grounds for denying employment.--
16 * * *
17 (2) In no case shall an administrator hire an applicant
18 if the applicant's criminal history record information
19 indicates the applicant has been convicted of one or more of
20 the following offenses under Title 18 (relating to crimes and
21 offenses) or an equivalent crime under Federal law or the law
22 of another state:
23 Chapter 25 (relating to criminal homicide).
24 Section 2702 (relating to aggravated assault).
25 Section 2709 (relating to harassment [and stalking]).
26 Section 2709.1 (relating to stalking).
27 Section 2901 (relating to kidnapping).
28 Section 2902 (relating to unlawful restraint).
29 Section 3121 (relating to rape).
30 Section 3122.1 (relating to statutory sexual assault).
20020S1515B2207 - 18 -
1 Section 3123 (relating to involuntary deviate sexual
2 intercourse).
3 Section 3124.1 (relating to sexual assault).
4 Section 3125 (relating to aggravated indecent assault).
5 Section 3126 (relating to indecent assault).
6 Section 3127 (relating to indecent exposure).
7 Section 4302 (relating to incest).
8 Section 4303 (relating to concealing death of child).
9 Section 4304 (relating to endangering welfare of
10 children).
11 Section 4305 (relating to dealing in infant children).
12 A felony offense under section 5902(b) (relating to
13 prostitution and related offenses).
14 Section 5903(c) or (d) (relating to obscene and other
15 sexual materials and performances).
16 Section 6301 (relating to corruption of minors).
17 Section 6312 (relating to sexual abuse of children).
18 The attempt, solicitation or conspiracy to commit any of
19 the offenses set forth in this paragraph.
20 * * *
21 Section 8. Section 3573(c)(1) of Title 42 is amended to
22 read:
23 § 3573. Municipal corporation portion of fines, etc.
24 * * *
25 (c) Summary offenses.--Fines, forfeited recognizances and
26 other forfeitures imposed, lost or forfeited under the following
27 provisions of law shall, when any such offense is committed in a
28 municipal corporation, be payable to such municipal corporation:
29 (1) Under the following provisions of Title 18 (relating
30 to crimes and offenses):
20020S1515B2207 - 19 -
1 [Section 2709 (relating to harassment).]
2 Section 3304 (relating to criminal mischief).
3 Section 3503 (relating to criminal trespass).
4 Section 3929 (relating to retail theft).
5 Section 4105 (relating to bad checks).
6 Section 5503 (relating to disorderly conduct).
7 Section 5505 (relating to public drunkenness).
8 Section 5511 (relating to cruelty to animals).
9 Section 6308 (relating to purchase, consumption,
10 possession or transportation of intoxicating beverages).
11 Section 6501 (relating to scattering rubbish).
12 * * *
13 Section 9. (1) Except as otherwise provided for in
14 paragraph (2), any reference in any act or part of an act to
15 18 Pa.C.S. § 2709 without specification as to subsection (a)
16 or (b) of that section shall be deemed to include a reference
17 to 18 Pa.C.S. § 2709.1 as if fully set forth in that act or
18 part of that act.
19 (2) Any reference in any act or part of an act to 18
20 Pa.C.S. § 2709(b) shall be deemed a reference to 18 Pa.C.S. §
21 2709.1 as if fully set forth in that act or part of that act.
22 Section 10. (1) Except as otherwise provided for in
23 paragraph (2) or (3), any reference in any act or part of an
24 act to 18 Pa.C.S. § 5504 without specification as to
25 subsection (a) or (a.1) of that section shall be deemed a
26 reference to 18 Pa.C.S. §§ 2709(a)(4), (5), (6) and (7) and
27 2709.1 as if fully set forth in that act or part of that act.
28 (2) Any reference in any act or part of an act to 18
29 Pa.C.S. § 5504(a) shall be deemed a reference to 18 Pa.C.S. §
30 2709(a)(4), (5), (6) and (7) as if fully set forth in that
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1 act or part of that act.
2 (3) Any reference in any act or part of an act to 18
3 Pa.C.S. § 5504(a.1) shall be deemed a reference to 18 Pa.C.S.
4 § 2709.1 as if fully set forth in that act or part of that
5 act.
6 Section 11. This act shall take effect in 60 days.
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