Regular Session 2015-2016 House Bill 0468 P.N. 0513

PRINTER'S NO. 513

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

468

Session of

2015

INTRODUCED BY SCHREIBER, REGAN, FRANKEL, COHEN, SNYDER, BISHOP,

STEPHENS, SCHLOSSBERG, SCHWEYER, GINGRICH, MENTZER, DAVIDSON,

READSHAW, BOBACK, ROEBUCK, DAVIS, HELM, McNEILL, KORTZ,

D. COSTA, WATERS, KINSEY, HARHAI, PASHINSKI, THOMAS AND

DONATUCCI, FEBRUARY 12, 2015

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2015

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in assault, further providing for terroristic

threats; and, in magisterial district judges, further

providing for jurisdiction and venue.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2706 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2706. Terroristic threats.

(a) Offense defined.--A person commits the crime of

terroristic threats if the person communicates, either directly

or indirectly, a threat to:

(1) commit any crime of violence with intent to

terrorize another;

(1.1) place fear upon an individual who is employed,

educated or otherwise located in a building, place of

assembly or facility of public transportation;

(2) cause evacuation of a building, place of assembly or

facility of public transportation; or

(3) otherwise cause serious public inconvenience, or

cause terror or serious public inconvenience with reckless

disregard of the risk of causing such terror or

inconvenience.

(b) Restitution.--A person convicted of violating this

section shall, in addition to any other sentence imposed or

restitution ordered under 42 Pa.C.S. § 9721(c) (relating to

sentencing generally), be sentenced to pay restitution in an

amount equal to the cost of the evacuation, including, but not

limited to, fire and police response; emergency medical service

or emergency preparedness response; and transportation of an

individual from the building, place of assembly or facility.

of restitution shall debar a person, by appropriate action, to

recover from the offender as otherwise provided by law, provided

that any civil award shall be reduced by the amount paid under

the criminal judgment.

(d) Grading.--[An]

(1) Except as otherwise provided under paragraph (2), an

offense under subsection (a) constitutes a misdemeanor of the

first degree unless the threat causes the occupants of the

building, place of assembly or facility of public

transportation to be diverted from their normal or customary

operations, in which case the offense constitutes a felony of

the third degree.

(2) (i) Except as otherwise provided under subparagraph

(ii), an offense under subsection (a) constitutes a

felony of the third degree when the threat is related to

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an educational facility. Subsequent offenses under this

subparagraph constitute a felony of the second degree.

(ii) An offense under subsection (a) constitutes a

felony of the second degree when the threat is related to

an educational facility and causes the occupants of the

educational facility to be diverted from their normal or

customary operations. Subsequent offenses under this

subparagraph constitute a felony of the first degree.

(d.1) Notification.--The jail, prison or detention facility

holding an individual for violation under subsection (d)(2)

shall immediately notify the local law enforcement agency that

made the arrest of the individual if and when the individual

posts bail.

(d.2) Duty to educational facility.--A local law enforcement

agency making an arrest of an individual for a violation under

subsection (d)(2) shall notify the educational facility

immediately upon receiving notification under subsection (d.1)

that the individual has posted bail.

(d.3) Jurisdiction.--The courts of common pleas shall have

jurisdiction of actions brought under subsection (d)(2).

(e) Definition.--As used in this section, [the term

"communicates" means conveys] the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Communicates." Conveys in person or by written or

electronic means, including telephone, electronic mail,

Internet, facsimile, telex and similar transmissions.

"Educational facility." A public or private school district,

an intermediate unit, an area vocational-technical school or an

institution of higher education.

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"Institution of higher education." Any of the following:

(1) A community college operating under Article XIX-A of

the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949.

(2) A State-owned institution.

(3) A State-related institution.

(4) Thaddeus Stevens College of Technology.

(5) Any accredited private or independent college or

university.

"Local law enforcement agency." The municipal police

department having jurisdiction in the municipality or, if there

is no police department, the Pennsylvania State Police.

"State-owned institution." An institution which is part of

the State System of Higher Education under Article XX-A of the

Public School Code of 1949 and all branches and campuses of the

institution.

"State-related institution." The Pennsylvania State

University, the University of Pittsburgh, Temple University, the

Pennsylvania College of Technology and Lincoln University.

Section 2. Section 1515(a)(4) of Title 42 is amended to

read:

§ 1515. Jurisdiction and venue.

(a) Jurisdiction.--Except as otherwise prescribed by general

rule adopted pursuant to section 503 (relating to reassignment

of matters), magisterial district judges shall, under procedures

prescribed by general rule, have jurisdiction of all of the

following matters:

* * *

(4) As commissioners to preside at arraignments, fix and

accept bail, except for offenses under 18 Pa.C.S. §§ 2502

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(relating to murder) [and], 2503 (relating to voluntary

manslaughter) and 2706(d)(2) (relating to terroristic

threats) for which the fixing and accepting of bail shall be

performed by any judge of any court of common pleas, and to

issue warrants and perform duties of a similar nature,

including the jurisdiction of a committing magistrate in all

criminal proceedings.

* * *

Section 3. This act shall take effect in 60 days.

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