Regular Session 2019-2020 Senate Bill 0106 P.N. 0078

PRINTER'S NO. 78

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

106

Session of

2019

INTRODUCED BY MARTIN, BROWNE, AUMENT, BARTOLOTTA, YUDICHAK AND

STEFANO, JANUARY 24, 2019

REFERRED TO JUDICIARY, JANUARY 24, 2019

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 juvenile matters, further providing for

detention of child and for investigation and report.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2706(a) and (d) of Title 18 of the

Pennsylvania Consolidated Statutes are 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;

(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[.]; or

(4) commit any crime of violence against the population

of a school, regardless of whether or not the threat causes

the school to evacuate.

* * *

(d) Grading.--As follows:

(1) An offense under subsection [(a)] (a)(1) 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) An offense under subsection (a)(2) or (3)

constitutes a felony of the third degree.

(3) An offense under subsection (a)(4) constitutes a

felony of the second degree.

* * *

Section 2. Sections 6325 and 6339(b) of Title 42 are amended

to read:

§ 6325. Detention of child.

(a) Detention.--A child taken into custody shall not be

detained or placed in shelter care prior to the hearing on the

petition unless his detention or care is required to protect the

person or property of others or of the child or because the

child may abscond or be removed from the jurisdiction of the

court or because he has no parent, guardian, or custodian or

other person able to provide supervision and care for him and

return him to the court when required, or an order for his

detention or shelter care has been made by the court pursuant to

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this chapter.

(b) Terroristic threats.--A child who is charged with the

crime of terroristic threats under 18 Pa.C.S. § 2706(a)

(relating to terroristic threats) shall be placed in a secure

detention facility. The child shall be detained and may not be

released until completion of a mental health examination and a

home risk assessment, which shall include a visit to the primary

residence of the child.

§ 6339. Investigation and report.

* * *

(b) Physical and mental examinations and treatment.--The

following apply:

(1) During the pendency of any proceeding the court may

order the child to be examined at a suitable place by a

physician or psychologist and may also order medical or

surgical treatment of a child who is suffering from a serious

physical condition or illness which in the opinion of a

licensed physician requires prompt treatment, even if the

parent, guardian, or other custodian has not been given

notice of a hearing, is not available, or without good cause

informs the court of his refusal to consent to the treatment.

(2) The court shall order a child who is charged with

the crime of terroristic threats under 18 Pa.C.S. § 2706(a)

(relating to terroristic threats) to be examined at a

suitable place by a psychiatrist or psychologist prior to the

hearing on a petition.

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

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