HOUSE AMENDED
PRIOR PRINTER'S NOS. 164, 550, 634, PRINTER'S NO. 1486
684, 1072, 1338
No. 167 Session of 1999
INTRODUCED BY DENT, LEMMOND, BELL, COSTA, SCHWARTZ, WAUGH,
STAPLETON, STOUT, SLOCUM, WOZNIAK, KASUNIC, MURPHY, ROBBINS,
RHOADES AND BOSCOLA, JANUARY 19, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 9, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for POSSESSION OF <--
3 FIREARM OR OTHER DANGEROUS WEAPON IN COURT FACILITY, FOR
4 terroristic threats, for harassment and stalking, FOR GRADING <--
5 OF THEFT OFFENSES AND for harassment by communication or
6 address and; DEFINING THE OFFENSE OF MEDICAL SUPPLY OR DRUG <--
7 PRICE FRAUD; FURTHER PROVIDING for offenses relating to
8 weapons or implements for escape; and providing for stalking <--
9 by communication or address, FOR PERSONS NOT TO POSSESS, USE, <--
10 MANUFACTURE, CONTROL, SELL OR TRANSFER FIREARMS; PROVIDING
11 FOR POSSESSION OF FIREARMS WITH ALTERED MANUFACTURER'S
12 NUMBER; FURTHER PROVIDING FOR THE SALE OR TRANSFER OF
13 FIREARMS AND FOR REGISTRATION OF FIREARMS; PROVIDING FOR
14 FAILURE TO REPORT LOST OR STOLEN FIREARMS AND NOTICE OF
15 MULTIPLE PURCHASE REPORTING AND FOR LOCKING DEVICE FOR
16 FIREARMS; AND DEFINING THE OFFENSE OF EXCESSIVE VEHICLE
17 EMISSION INSPECTION FEES.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 2706(a) of Title 18 of the Pennsylvania <--
21 Consolidated Statutes is amended and the section is amended by
22 adding subsections to read:
23 SECTION 1. SECTION 913(E) OF TITLE 18 OF THE PENNSYLVANIA <--
1 CONSOLIDATED STATUTES IS AMENDED TO READ:
2 § 913. POSSESSION OF FIREARM OR OTHER DANGEROUS WEAPON IN COURT
3 FACILITY.
4 * * *
5 (E) FACILITIES FOR CHECKING FIREARMS OR OTHER DANGEROUS
6 WEAPONS.--EACH COUNTY SHALL MAKE AVAILABLE AT OR WITHIN THE
7 BUILDING CONTAINING A COURT FACILITY BY JULY 1, 1996, LOCKERS OR
8 SIMILAR FACILITIES AT NO CHARGE OR COST FOR THE TEMPORARY
9 CHECKING OF FIREARMS BY PERSONS CARRYING FIREARMS UNDER SECTION
10 6106(B) OR 6109 OR FOR THE CHECKING OF OTHER DANGEROUS WEAPONS
11 THAT ARE NOT OTHERWISE PROHIBITED BY LAW. ANY INDIVIDUAL
12 CHECKING A FIREARM, DANGEROUS WEAPON OR AN ITEM DEEMED TO BE A
13 DANGEROUS WEAPON AT A COURT FACILITY MUST BE ISSUED A RECEIPT.
14 NOTICE OF THE LOCATION OF THE FACILITY SHALL BE POSTED AS
15 REQUIRED UNDER SUBSECTION (D).
16 * * *
17 SECTION 2. SECTION 2706(A) OF TITLE 18 IS AMENDED AND THE
18 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
19 § 2706. Terroristic threats.
20 (a) Offense defined.--A person [is guilty of a misdemeanor
21 of the first degree] commits the crime of terroristic threats if
22 [he threatens to] the person, WITH THE INTENT TO TERRORIZE, <--
23 communicates, EITHER DIRECTLY OR INDIRECTLY, a threat to: <--
24 (1) commit, either directly or indirectly, any crime of <--
25 violence [with intent to terrorize another [[or to]; <--
26 (2) cause evacuation of a building, place of assembly,
27 or facility of public transportation[,]; or
28 (3) otherwise [to] cause serious public inconvenience[,
29 or in] with reckless disregard of the risk of causing such
30 terror or inconvenience.
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1 * * *
2 (d) Grading.--An offense under subsection (a) constitutes a
3 misdemeanor of the first degree.
4 (e) Definition.--As used in this section, the term
5 "communicates" means conveys in person or by written or
6 electronic means including telephone, electronic mail, Internet,
7 facsimile, telex and similar transmissions.
8 Section 2. Sections 2709(a), (c)(1) and (f), 5122 and 5504 <--
9 of Title 18 are amended to read:
10 SECTION 3. SECTIONS 2709(A) AND (F) AND 3903(A) AND (A.1) OF <--
11 TITLE 18 ARE AMENDED TO READ:
12 § 2709. Harassment and stalking.
13 (a) Harassment.--A person commits the crime of harassment
14 when, with intent to harass, annoy or alarm another, the person:
15 (1) [he] strikes, shoves, kicks or otherwise subjects
16 [him] the other person to physical contact, or attempts or
17 threatens to do the same; [or]
18 (2) [he] follows [a] the other person in or about a
19 public place or places; or
20 (3) [he] engages in a course of conduct or repeatedly
21 commits acts which [alarm or seriously annoy such other
22 person and which] serve no legitimate purpose.
23 * * *
24 (c) Grading.-- <--
25 (1) An offense under subsection (a) shall constitute a
26 [summary offense] misdemeanor of the third degree.
27 * * *
28 (f) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
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1 "Course of conduct." A pattern of actions composed of more
2 than one act over a period of time, however short, evidencing a
3 continuity of conduct. The term includes lewd, lascivious,
4 threatening or obscene words, language, drawings, caricatures or
5 actions, either in person or anonymously.
6 * * *
7 § 3903. GRADING OF THEFT OFFENSES. <--
8 (A) FELONY OF THE SECOND DEGREE.--THEFT CONSTITUTES A FELONY
9 OF THE SECOND DEGREE IF [THE]:
10 (1) THE OFFENSE IS COMMITTED DURING A MANMADE DISASTER,
11 A NATURAL DISASTER OR A WAR-CAUSED DISASTER AND CONSTITUTES A
12 VIOLATION OF SECTION 3921 (RELATING TO THEFT BY UNLAWFUL
13 TAKING OR DISPOSITION), 3925 (RELATING TO RECEIVING STOLEN
14 PROPERTY), 3928 (RELATING TO UNAUTHORIZED USE OF AUTOMOBILES
15 AND OTHER VEHICLES) OR 3929 (RELATING TO RETAIL THEFT).
16 (2) THE PROPERTY STOLEN IS A FIREARM.
17 (3) IN THE CASE OF THEFT BY RECEIVING STOLEN PROPERTY,
18 THE PROPERTY RECEIVED, RETAINED OR DISPOSED OF IS A FIREARM
19 AND THE RECEIVER IS IN THE BUSINESS OF BUYING OR SELLING
20 STOLEN PROPERTY.
21 (A.1) FELONY OF THE THIRD DEGREE.--EXCEPT AS PROVIDED IN
22 SUBSECTION (A), THEFT CONSTITUTES A FELONY OF THE THIRD DEGREE
23 IF THE AMOUNT INVOLVED EXCEEDS $2,000, OR IF THE PROPERTY STOLEN
24 IS [A FIREARM,] AN AUTOMOBILE, AIRPLANE, MOTORCYCLE, MOTORBOAT
25 OR OTHER MOTOR-PROPELLED VEHICLE, OR IN THE CASE OF THEFT BY
26 RECEIVING STOLEN PROPERTY, IF THE RECEIVER IS IN THE BUSINESS OF
27 BUYING OR SELLING STOLEN PROPERTY.
28 * * *
29 SECTION 4. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
30 § 4121. MEDICAL SUPPLY OR DRUG PRICE FRAUD.
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1 (A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE OF MEDICAL
2 SUPPLY OR DRUG PRICE FRAUD, A MISDEMEANOR OF THE THIRD DEGREE,
3 IF HE ADDS OR SURCHARGES THE DISPLAYED OR ELECTRONICALLY STORED
4 PRICE FOR A MEDICAL SUPPLY OR DRUG TO A CONSUMER BECAUSE OF THE
5 CONSUMER'S MEDICAL CONDITION OR LACK OF HEALTH INSURANCE.
6 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
7 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
8 SUBSECTION:
9 "DRUG." A DRUG AS DEFINED IN THE ACT OF SEPTEMBER 27, 1961
10 (P.L.1700, NO.699), KNOWN AS THE PHARMACY ACT.
11 "MEDICAL SUPPLY." A MEDICAL SUPPLY AS DEFINED IN THE ACT OF
12 SEPTEMBER 27, 1961 (P.L.1700, NO.699), KNOWN AS THE PHARMACY
13 ACT.
14 SECTION 5. SECTIONS 5122 AND 5504 OF TITLE 18 ARE AMENDED TO
15 READ:
16 § 5122. Weapons or implements for escape.
17 (a) Offenses defined.--
18 (1) A person commits a misdemeanor of the first degree
19 if he unlawfully introduces within a detention facility,
20 correctional institution or mental hospital, or unlawfully
21 provides an inmate thereof with any weapon, tool, implement,
22 or other thing which may be used for escape.
23 (2) An inmate commits a misdemeanor of the first degree
24 if he unlawfully procures, makes or otherwise provides
25 himself with, or unlawfully has in his possession or under
26 his control, any weapon, tool, implement or other thing which
27 may be used for escape.
28 [(3) An inmate commits a misdemeanor of the second
29 degree if he unlawfully procures, makes or otherwise provides
30 himself with, or unlawfully has in his possession or under
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1 his control, any tool, implement or other thing which may be
2 used for escape.]
3 (b) Definitions.--
4 (1) As used in this section the word "unlawfully" means
5 surreptitiously or contrary to law, regulation or order of
6 the detaining authority.
7 (2) As used in this section the word "weapon" means any
8 implement readily capable of lethal use and shall include any
9 firearm, ammunition, knife, dagger, razor, other cutting or
10 stabbing implement or club, including any item which has been
11 modified or adopted so that it can be used as a firearm,
12 ammunition, knife, dagger, razor, other cutting or stabbing
13 implement, or club. The word "firearm" includes an unloaded
14 firearm and the unassembled components of a firearm.
15 § 5504. Harassment and stalking by communication or address.
16 (a) [Offense defined] Harassment by communication or
17 address.--A person commits [a misdemeanor of the third degree
18 if] the crime of harassment by communication or address when,
19 with intent to harass, annoy or alarm another, [he] the person:
20 (1) [makes a telephone call without intent of legitimate
21 communication or addresses] communicates to or about such
22 other person any lewd, lascivious, threatening or [indecent]
23 obscene words [or], language [or anonymously telephones
24 another person repeatedly], drawings or caricatures; or
25 (2) [makes repeated communications anonymously or at
26 extremely inconvenient hours, or in offensively coarse
27 language.] communicates repeatedly in an anonymous manner;
28 (3) communicates repeatedly at extremely inconvenient
29 hours; or
30 (4) communicates repeatedly in a manner not covered by
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1 paragraph (2) or (3).
2 (a.1) Stalking by communication or address.--A person
3 commits the crime of stalking by communication or address when
4 the person engages in a course of conduct or repeatedly
5 communicates to another under circumstances which demonstrate or
6 communicate either of the following:
7 (1) An intent to place such other person in reasonable
8 fear of bodily injury.
9 (2) An intent to cause substantial emotional distress to
10 such other person.
11 (b) Venue.--Any offense committed under [paragraph (a)(1) of
12 this section] subsection (a) or (a.1) may be deemed to have been
13 committed at either the place at which the [telephone call or
14 calls] communication or communications were made or at the place
15 where the [telephone call or calls] communication or
16 communications were received.
17 (c) Grading.--
18 (1) An offense under subsection (a) shall constitute a
19 misdemeanor of the third degree.
20 (2) Except as set forth under paragraph (3) or (4), an
21 offense under subsection (a.1) shall constitute a misdemeanor
22 of the first degree.
23 (3) A second or subsequent offense under subsection
24 (a.1) shall constitute a felony of the third degree.
25 (4) A first offense under subsection (a.1), if the
26 person has been previously convicted of any crime of violence
27 involving this same victim, family or household members,
28 including, but not limited to, a violation of section 2701
29 (relating to simple assault), 2702 (relating to aggravated
30 assault), 2705 (relating to recklessly endangering another
19990S0167B1486 - 7 -
1 person), 2709 (relating to harassment and stalking), 2901
2 (relating to kidnapping), 3121 (relating to rape), 3123
3 (relating to involuntary deviate sexual intercourse) or
4 3124.1 (relating to sexual assault), an order issued under
5 section 4954 (relating to protective orders) or an order
6 issued under 23 Pa.C.S. § 6108 (relating to relief), shall
7 constitute a felony of the third degree.
8 (d) False reports.--A person who knowingly gives false
9 information to any law enforcement officer with the intent to
10 implicate another under this section commits an offense under
11 section 4906 (relating to false reports to law enforcement
12 authorities).
13 (e) Application of section.--This section shall not apply to
14 conduct by a party to a labor dispute as defined in the act of
15 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
16 Injunction Act, or to any constitutionally protected activity.
17 (f) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Communicates." Conveys, without intent of legitimate
21 communication or address, by written or electronic means
22 including telephone, electronic mail, Internet, facsimile, telex
23 and similar transmissions.
24 "Course of conduct." A pattern of actions composed of more
25 than one act over a period of time, however short, evidencing a
26 continuity of conduct. Acts indicating a course of conduct which
27 occur in more than one jurisdiction may be used by any other
28 jurisdiction in which an act occurred as evidence of a
29 continuing pattern of conduct or a course of conduct.
30 "Emotional distress." A temporary or permanent state of
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1 great physical or mental strain. MENTAL ANGUISH. <--
2 "Family or household member." Spouses or persons who have
3 been spouses, persons living as spouses or who lived as spouses,
4 parents and children, other persons related by consanguinity or
5 affinity, current or former sexual or intimate partners or
6 persons who share biological parenthood.
7 SECTION 6. SECTION 6105(C)(2) OF TITLE 18 IS AMENDED AND THE <--
8 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
9 § 6105. PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL
10 OR TRANSFER FIREARMS.
11 * * *
12 (A.1) PENALTY.--ANY PERSON CONVICTED OF A FELONY ENUMERATED
13 UNDER SUBSECTION (B) OR A FELONY UNDER THE ACT OF APRIL 14, 1972
14 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
15 DEVICE AND COSMETIC ACT, OR ANY EQUIVALENT FEDERAL STATUTE OR
16 EQUIVALENT STATUTE OF ANY OTHER STATE, WHO VIOLATES SUBSECTION
17 (A) COMMITS A FELONY OF THE SECOND DEGREE.
18 * * *
19 (C) OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN
20 CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE
21 FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF
22 SUBSECTION (A):
23 * * *
24 (2) A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE UNDER
25 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
26 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ANY
27 EQUIVALENT FEDERAL STATUTE OR EQUIVALENT STATUTE OF ANY OTHER
28 STATE, THAT MAY BE PUNISHABLE BY A TERM OF IMPRISONMENT
29 EXCEEDING TWO YEARS.
30 * * *
19990S0167B1486 - 9 -
1 SECTION 7. TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ:
2 § 6110.2. POSSESSION OF FIREARM WITH ALTERED MANUFACTURER'S
3 NUMBER.
4 (A) GENERAL RULE.--NO PERSON SHALL POSSESS A FIREARM WHICH
5 HAS HAD THE MANUFACTURER'S NUMBER INTEGRAL TO THE FRAME OR
6 RECEIVER ALTERED, CHANGED, REMOVED OR OBLITERATED.
7 (B) PENALTY.--A PERSON WHO VIOLATES THIS SECTION COMMITS A
8 MISDEMEANOR OF THE FIRST DEGREE.
9 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "FIREARM"
10 SHALL HAVE THE SAME MEANING AS THAT TERM IS DEFINED IN SECTION
11 6105(I) (RELATING TO PERSONS NOT TO POSSESS, USE, MANUFACTURE,
12 CONTROL, SELL OR TRANSFER FIREARMS).
13 § 6142. LOCKING DEVICE FOR FIREARMS.
14 (A) OFFENSE DEFINED.--IT SHALL BE UNLAWFUL FOR ANY LICENSEE
15 TO SELL, DELIVER OR TRANSFER ANY FIREARM AS DEFINED IN SECTION
16 6102 (RELATING TO DEFINITIONS) TO ANY OTHER PERSON, OTHER THAN
17 ANOTHER LICENSEE, UNLESS THE TRANSFEREE IS PROVIDED WITH OR
18 PURCHASES A LOCKING DEVICE FOR THAT FIREARM OR THE DESIGN OF THE
19 FIREARM INCORPORATES A LOCKING DEVICE.
20 (B) EXCEPTIONS.--FIREARMS FOR TRANSFER TO OR POSSESSION BY
21 ANY LAW ENFORCEMENT OFFICER EMPLOYED BY ANY FEDERAL, STATE OR
22 LOCAL GOVERNMENT ENTITY OR RAIL POLICE EMPLOYED AND CERTIFIED BY
23 A RAIL CARRIER AS A POLICE OFFICER ARE NOT SUBJECT TO THE
24 PROVISIONS OF THIS SECTION.
25 (C) PENALTIES.--A VIOLATION OF THE PROVISIONS OF THIS
26 SECTION SHALL BE A SUMMARY OFFENSE.
27 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
28 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
29 SUBSECTION:
30 "LICENSEE." ANY LICENSED MANUFACTURER, IMPORTER OR DEALER OF
19990S0167B1486 - 10 -
1 FIREARMS.
2 "LOCKING DEVICE." EITHER OF THE FOLLOWING:
3 (1) A DEVICE THAT, WHEN INSTALLED ON A FIREARM, IS
4 DESIGNED TO PREVENT THE FIREARM FROM BEING OPERATED WITHOUT
5 FIRST DEACTIVATING THE DEVICE; OR
6 (2) A DEVICE THAT IS INCORPORATED INTO THE DESIGN OF A
7 FIREARM AND THAT IS DESIGNED TO PREVENT THE OPERATION OF THE
8 FIREARM BY ANYONE NOT HAVING ACCESS TO THE DEVICE.
9 SECTION 8. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
10 § 7330. EXCESSIVE VEHICLE EMISSION INSPECTION FEES.
11 A PERSON COMMITS A MISDEMEANOR OF THE THIRD DEGREE IF HE
12 CHARGES A FEE FOR A VEHICLE EMISSIONS INSPECTION TO THE OWNER OF
13 A VEHICLE SUBJECT TO EXCEPTION UNDER 75 PA.C.S. § 4702(G)
14 (RELATING TO REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES)
15 AND THAT FEE EXCEEDS THE DATA TRANSMISSION FEE CHARGED BY THE
16 PROGRAM MANAGER PLUS $10.
17 Section 3 9. This act shall take effect in 60 days. <--
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