PRIOR PRINTER'S NOS. 164, 550, 634, PRINTER'S NO. 1550
684, 1072, 1338, 1486
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, DECEMBER 6, 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 AND STALKING by <--
6 communication or address; defining the offense of medical <--
7 supply or drug price fraud; further providing for offenses
8 relating to AND weapons or implements for escape; providing <--
9 for stalking by communication or address, AND for persons not <--
10 to possess, use, manufacture, control, sell or transfer
11 firearms; providing for possession of firearms with altered
12 manufacturer's number; further providing for the sale or
13 transfer of firearms and for registration of firearms;
14 providing for failure to report lost or stolen firearms and <--
15 notice of multiple purchase reporting and for locking device
16 for firearms; and defining the offense of excessive vehicle <--
17 emission inspection fees.; AND LIMITING CERTAIN LAWSUITS. <--
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 913(e) of Title 18 of the Pennsylvania
21 Consolidated Statutes is amended to read:
22 § 913. Possession of firearm or other dangerous weapon in court
23 facility.
24 * * *
1 (e) Facilities for checking firearms or other dangerous
2 weapons.--Each county shall make available at or within the
3 building containing a court facility by July 1, [1996] 2002, <--
4 lockers or similar facilities at no charge or cost for the
5 temporary checking of firearms by persons carrying firearms
6 under section 6106(b) or 6109 or for the checking of other
7 dangerous weapons that are not otherwise prohibited by law. Any
8 individual checking a firearm, dangerous weapon or an item
9 deemed to be a dangerous weapon at a court facility must be
10 issued a receipt. Notice of the location of the facility shall
11 be posted as required under subsection (d).
12 * * *
13 Section 2. Section 2706(a) of Title 18 is amended and the
14 section is amended by adding subsections to read:
15 § 2706. Terroristic threats.
16 (a) Offense defined.--A person [is guilty of a misdemeanor
17 of the first degree] commits the crime of terroristic threats if
18 [he threatens to] the person communicates, either directly or
19 indirectly, a threat to:
20 (1) commit any crime of violence with intent to
21 terrorize another [or to];
22 (2) cause evacuation of a building, place of assembly,
23 or facility of public transportation[,]; or
24 (3) otherwise [to] cause serious public inconvenience[, <--
25 or [in] CAUSE TERROR OR SERIOUS PUBLIC INCONVENIENCE with <--
26 reckless disregard of the risk of causing such terror or
27 inconvenience.
28 * * *
29 (d) Grading.--An offense under subsection (a) constitutes a
30 misdemeanor of the first degree.
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1 (e) Definition.--As used in this section, the term
2 "communicates" means conveys in person or by written or
3 electronic means including telephone, electronic mail, Internet,
4 facsimile, telex and similar transmissions.
5 Section 3. Sections 2709(a) and (f) and 3903(a) and (a.1), <--
6 3903(A) AND (A.1), 5122 AND 5504 of Title 18 are amended to
7 read:
8 § 2709. Harassment and stalking.
9 (a) Harassment.--A person commits the crime of harassment
10 when, with intent to harass, annoy or alarm another, the person:
11 (1) [he] strikes, shoves, kicks or otherwise subjects
12 [him] the other person to physical contact, or attempts or
13 threatens to do the same; [or]
14 (2) [he] follows [a] the other person in or about a
15 public place or places; or
16 (3) [he] engages in a course of conduct or repeatedly
17 commits acts which [alarm or seriously annoy such other
18 person and which] serve no legitimate purpose.
19 * * *
20 (f) Definitions.--As used in this section, the following
21 words and phrases shall have the meanings given to them in this
22 subsection:
23 "Course of conduct." A pattern of actions composed of more
24 than one act over a period of time, however short, evidencing a
25 continuity of conduct. The term includes lewd, lascivious,
26 threatening or obscene words, language, drawings, caricatures or
27 actions, either in person or anonymously.
28 * * *
29 § 3903. Grading of theft offenses.
30 (a) Felony of the second degree.--Theft constitutes a felony
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1 of the second degree if [the]:
2 (1) The offense is committed during a manmade disaster,
3 a natural disaster or a war-caused disaster and constitutes a
4 violation of section 3921 (relating to theft by unlawful
5 taking or disposition), 3925 (relating to receiving stolen
6 property), 3928 (relating to unauthorized use of automobiles
7 and other vehicles) or 3929 (relating to retail theft).
8 (2) The property stolen is a firearm.
9 (3) In the case of theft by receiving stolen property,
10 the property received, retained or disposed of is a firearm
11 and the receiver is in the business of buying or selling
12 stolen property.
13 (a.1) Felony of the third degree.--Except as provided in
14 subsection (a), theft constitutes a felony of the third degree
15 if the amount involved exceeds $2,000, or if the property stolen
16 is [a firearm,] an automobile, airplane, motorcycle, motorboat
17 or other motor-propelled vehicle, or in the case of theft by
18 receiving stolen property, if the receiver is in the business of
19 buying or selling stolen property.
20 * * *
21 Section 4. Title 18 is amended by adding a section to read: <--
22 § 4121. Medical supply or drug price fraud.
23 (a) Offense defined.--A person commits an offense of medical
24 supply or drug price fraud, a misdemeanor of the third degree,
25 if he adds or surcharges the displayed or electronically stored
26 price for a medical supply or drug to a consumer because of the
27 consumer's medical condition or lack of health insurance.
28 (b) 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 "Drug." A drug as defined in the act of September 27, 1961
2 (P.L.1700, No.699), known as the Pharmacy Act.
3 "Medical supply." A medical supply as defined in the act of
4 September 27, 1961 (P.L.1700, No.699), known as the Pharmacy
5 Act.
6 Section 5. Sections 5122 and 5504 of Title 18 are amended to
7 read:
8 § 5122. Weapons or implements for escape.
9 (a) Offenses defined.--
10 (1) A person commits a misdemeanor of the first degree
11 if he unlawfully introduces within a detention facility,
12 correctional institution or mental hospital, or unlawfully
13 provides an inmate thereof with any weapon, tool, implement,
14 or other thing which may be used for escape.
15 (2) An inmate commits a misdemeanor of the first degree
16 if he unlawfully procures, makes or otherwise provides
17 himself with, or unlawfully has in his possession or under
18 his control, any weapon, tool, implement or other thing which
19 may be used for escape.
20 [(3) An inmate commits a misdemeanor of the second
21 degree if he unlawfully procures, makes or otherwise provides
22 himself with, or unlawfully has in his possession or under
23 his control, any tool, implement or other thing which may be
24 used for escape.]
25 (b) Definitions.--
26 (1) As used in this section the word "unlawfully" means
27 surreptitiously or contrary to law, regulation or order of
28 the detaining authority.
29 (2) As used in this section the word "weapon" means any
30 implement readily capable of lethal use and shall include any
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1 firearm, ammunition, knife, dagger, razor, other cutting or
2 stabbing implement or club, including any item which has been
3 modified or adopted so that it can be used as a firearm,
4 ammunition, knife, dagger, razor, other cutting or stabbing
5 implement, or club. The word "firearm" includes an unloaded
6 firearm and the unassembled components of a firearm.
7 § 5504. Harassment and stalking by communication or address.
8 (a) [Offense defined] Harassment by communication or
9 address.--A person commits [a misdemeanor of the third degree
10 if] the crime of harassment by communication or address when,
11 with intent to harass, annoy or alarm another, [he] the person:
12 (1) [makes a telephone call without intent of legitimate
13 communication or addresses] communicates to or about such
14 other person any lewd, lascivious, threatening or [indecent]
15 obscene words [or], language [or anonymously telephones
16 another person repeatedly], drawings or caricatures; or
17 (2) [makes repeated communications anonymously or at
18 extremely inconvenient hours, or in offensively coarse
19 language.] communicates repeatedly in an anonymous manner;
20 (3) communicates repeatedly at extremely inconvenient
21 hours; or
22 (4) communicates repeatedly in a manner not covered by
23 paragraph (2) or (3).
24 (a.1) Stalking by communication or address.--A person
25 commits the crime of stalking by communication or address when
26 the person engages in a course of conduct or repeatedly
27 communicates to another under circumstances which demonstrate or
28 communicate either of the following:
29 (1) An intent to place such other person in reasonable
30 fear of bodily injury.
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1 (2) An intent to cause substantial emotional distress to
2 such other person.
3 (b) Venue.--Any offense committed under [paragraph (a)(1) of
4 this section] subsection (a) or (a.1) may be deemed to have been
5 committed at either the place at which the [telephone call or
6 calls] communication or communications were made or at the place
7 where the [telephone call or calls] communication or
8 communications were received.
9 (c) Grading.--
10 (1) An offense under subsection (a) shall constitute a
11 misdemeanor of the third degree.
12 (2) Except as set forth under paragraph (3) or (4), an
13 offense under subsection (a.1) shall constitute a misdemeanor
14 of the first degree.
15 (3) A second or subsequent offense under subsection
16 (a.1) shall constitute a felony of the third degree.
17 (4) A first offense under subsection (a.1), if the
18 person has been previously convicted of any crime of violence
19 involving this same victim, family or household members,
20 including, but not limited to, a violation of section 2701
21 (relating to simple assault), 2702 (relating to aggravated
22 assault), 2705 (relating to recklessly endangering another
23 person), 2709 (relating to harassment and stalking), 2901
24 (relating to kidnapping), 3121 (relating to rape), 3123
25 (relating to involuntary deviate sexual intercourse) or
26 3124.1 (relating to sexual assault), an order issued under
27 section 4954 (relating to protective orders) or an order
28 issued under 23 Pa.C.S. § 6108 (relating to relief), shall
29 constitute a felony of the third degree.
30 (d) False reports.--A person who knowingly gives false
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1 information to any law enforcement officer with the intent to
2 implicate another under this section commits an offense under
3 section 4906 (relating to false reports to law enforcement
4 authorities).
5 (e) Application of section.--This section shall not apply to
6 conduct by a party to a labor dispute as defined in the act of
7 June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
8 Injunction Act, or to any constitutionally protected activity.
9 (f) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Communicates." Conveys, without intent of legitimate
13 communication or address, by written or electronic means
14 including telephone, electronic mail, Internet, facsimile, telex
15 and similar transmissions.
16 "Course of conduct." A pattern of actions composed of more
17 than one act over a period of time, however short, evidencing a
18 continuity of conduct. Acts indicating a course of conduct which
19 occur in more than one jurisdiction may be used by any other
20 jurisdiction in which an act occurred as evidence of a
21 continuing pattern of conduct or a course of conduct.
22 "Emotional distress." A temporary or permanent state of
23 mental anguish.
24 "Family or household member." Spouses or persons who have
25 been spouses, persons living as spouses or who lived as spouses,
26 parents and children, other persons related by consanguinity or
27 affinity, current or former sexual or intimate partners or
28 persons who share biological parenthood.
29 Section 6 4. Section 6105(c)(2) of Title 18 is amended and <--
30 the section is amended by adding a subsection to read:
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1 § 6105. Persons not to possess, use, manufacture, control, sell
2 or transfer firearms.
3 * * *
4 (a.1) Penalty.--Any person convicted of a felony enumerated
5 under subsection (b) or a felony under the act of April 14, 1972
6 (P.L.233, No.64), known as The Controlled Substance, Drug,
7 Device and Cosmetic Act, or any equivalent Federal statute or
8 equivalent statute of any other state, who violates subsection
9 (a) commits a felony of the second degree.
10 * * *
11 (c) Other persons.--In addition to any person who has been
12 convicted of any offense listed under subsection (b), the
13 following persons shall be subject to the prohibition of
14 subsection (a):
15 * * *
16 (2) A person who has been convicted of an offense under
17 the act of April 14, 1972 (P.L.233, No.64), known as The
18 Controlled Substance, Drug, Device and Cosmetic Act, or any
19 equivalent Federal statute or equivalent statute of any other
20 state, that may be punishable by a term of imprisonment
21 exceeding two years.
22 * * *
23 Section 7 5. Title 18 is amended by adding sections A <--
24 SECTION to read:
25 § 6110.2. Possession of firearm with altered manufacturer's
26 number.
27 (a) General rule.--No person shall possess a firearm which
28 has had the manufacturer's number integral to the frame or
29 receiver altered, changed, removed or obliterated.
30 (b) Penalty.--A person who violates this section commits a
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1 misdemeanor of the first degree.
2 (c) Definition.--As used in this section, the term "firearm"
3 shall have the same meaning as that term is defined in section
4 6105(i) (relating to persons not to possess, use, manufacture,
5 control, sell or transfer firearms), EXCEPT THAT THE TERM SHALL <--
6 NOT INCLUDE ANTIQUE FIREARMS AS DEFINED IN SECTION 6118
7 (RELATING TO ANTIQUE FIREARMS).
8 SECTION 6. SECTION 6111 OF TITLE 18 IS AMENDED BY ADDING A
9 SUBSECTION TO READ:
10 § 6111. SALE OR TRANSFER OF FIREARMS.
11 * * *
12 (J) EXEMPTION.--THE PROVISIONS OF SUBSECTIONS (A) AND (B)
13 SHALL NOT APPLY TO SALES OF FIREARMS AS DEFINED IN SECTION 6102,
14 BETWEEN FEDERAL FIREARMS LICENSEES.
15 SECTION 7. SECTION 6120 OF TITLE 18 IS AMENDED TO READ:
16 § 6120. LIMITATION ON [MUNICIPAL] THE REGULATION OF FIREARMS
17 AND AMMUNITION.
18 (A) GENERAL RULE.--NO COUNTY, MUNICIPALITY OR TOWNSHIP MAY
19 IN ANY MANNER REGULATE THE LAWFUL OWNERSHIP, POSSESSION,
20 TRANSFER OR TRANSPORTATION OF FIREARMS, AMMUNITION OR AMMUNITION
21 COMPONENTS WHEN CARRIED OR TRANSPORTED FOR PURPOSES NOT
22 PROHIBITED BY THE LAWS OF THIS COMMONWEALTH.
23 (A.1) NO RIGHT OF ACTION.--
24 (1) NO POLITICAL SUBDIVISION MAY BRING OR MAINTAIN AN
25 ACTION AT LAW OR IN EQUITY AGAINST ANY FIREARMS OR AMMUNITION
26 MANUFACTURER, TRADE ASSOCIATION OR DEALER FOR DAMAGES,
27 ABATEMENT, INJUNCTIVE RELIEF OR ANY OTHER RELIEF OR REMEDY
28 RESULTING FROM OR RELATING TO EITHER THE LAWFUL DESIGN OR
29 MANUFACTURE OF FIREARMS OR AMMUNITION OR THE LAWFUL MARKETING
30 OR SALE OF FIREARMS OR AMMUNITION TO THE PUBLIC.
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1 (2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
2 PROHIBIT A POLITICAL SUBDIVISION FROM BRINGING OR MAINTAINING
3 AN ACTION AGAINST A FIREARMS OR AMMUNITION MANUFACTURER OR
4 DEALER FOR BREACH OF CONTRACT OR WARRANTY AS TO FIREARMS OR
5 AMMUNITION PURCHASED BY THE POLITICAL SUBDIVISION.
6 (B) [DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
7 "FIREARMS" HAS THE MEANING GIVEN IN SECTION 5515 (RELATING TO
8 PROHIBITING OF PARAMILITARY TRAINING) BUT SHALL NOT INCLUDE AIR
9 RIFLES AS DEFINED IN SECTION 6304 (RELATING TO SALE AND USE OF
10 AIR RIFLES).] DEFINITIONS.--AS USED IN THIS SECTION, THE
11 FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO
12 THEM IN THIS SUBSECTION:
13 "DEALER." THE TERM SHALL INCLUDE ANY PERSON ENGAGED IN THE
14 BUSINESS OF SELLING AT WHOLESALE OR RETAIL A FIREARM OR
15 AMMUNITION.
16 "FIREARMS." THIS TERM SHALL HAVE THE MEANING GIVEN TO IT IN
17 SECTION 5515 (RELATING TO PROHIBITING OF PARAMILITARY TRAINING),
18 BUT SHALL NOT INCLUDE AIR RIFLES AS THAT TERM IS DEFINED IN
19 SECTION 6304 (RELATING TO SALE AND USE OF AIR RIFLES).
20 "POLITICAL SUBDIVISION." THE TERM SHALL INCLUDE ANY HOME
21 RULE CHARTER MUNICIPALITY, COUNTY, CITY, BOROUGH, INCORPORATED
22 TOWN, TOWNSHIP OR SCHOOL DISTRICT.
23 SECTION 8. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
24 § 6142. Locking device for firearms.
25 (a) Offense defined.--It shall be unlawful for any licensee
26 to sell, deliver or transfer any firearm as defined in section
27 6102 (relating to definitions), OTHER THAN AN ANTIQUE FIREARM AS <--
28 DEFINED IN SECTION 6118 (RELATING TO ANTIQUE FIREARMS), to any
29 other person, other than another licensee, unless the transferee
30 is provided with or purchases a locking device for that firearm
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1 or the design of the firearm incorporates a locking device.
2 (b) Exceptions.--Firearms for transfer to or possession by
3 any law enforcement officer employed by any Federal, State or
4 local government entity or rail police employed and certified by
5 a rail carrier as a police officer are not subject to the
6 provisions of this section.
7 (c) Penalties.--A violation of the provisions of this
8 section shall be a summary offense.
9 (D) GOOD FAITH COMPLIANCE.--A LICENSEE WHO IN GOOD FAITH <--
10 COMPLIES WITH THIS SECTION SHALL NOT BE CIVILLY LIABLE AS A
11 RESULT OF SUCH COMPLIANCE WITH THIS SECTION, EXCEPT FOR ANY ACTS
12 OR OMISSIONS INTENTIONALLY DESIGNED TO HARM OR FOR GROSSLY
13 NEGLIGENT ACTS OR OMISSIONS WHICH RESULT IN HARM.
14 (E) A TRANSFEREE'S PURCHASE OR RECEIPT OF A LOCKING DEVICE
15 IN CONJUNCTION WITH THE PURCHASE OF A FIREARM PURSUANT TO THIS
16 SECTION SHALL NOT BE ADMISSIBLE AS EVIDENCE IN ANY CIVIL ACTION
17 BROUGHT AGAINST THE TRANSFEREE.
18 (d) (F) Definitions.--As used in this section, the following <--
19 words and phrases shall have the meanings given to them in this
20 subsection:
21 "Licensee." Any licensed manufacturer, importer or dealer of
22 firearms.
23 "Locking device." Either of the following:
24 (1) A device that, when installed on a firearm, is
25 designed to prevent the firearm from being operated without
26 first deactivating the device; or
27 (2) A device that is incorporated into the design of a
28 firearm and that is designed to prevent the operation of the
29 firearm by anyone not having access to the device.
30 Section 8. Title 18 is amended by adding a section to read: <--
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1 § 7330. Excessive vehicle emission inspection fees.
2 A person commits a misdemeanor of the third degree if he
3 charges a fee for a vehicle emissions inspection to the owner of
4 a vehicle subject to exception under 75 Pa.C.S. § 4702(g)
5 (relating to requirement for periodic inspection of vehicles)
6 and that fee exceeds the data transmission fee charged by the
7 program manager plus $10.
8 Section 9. This act shall take effect in 60 days.
9 SECTION 9. THE AMENDMENT OF 18 PA.C.S. § 6120 SHALL APPLY TO <--
10 ALL ACTIONS PENDING ON OR BROUGHT AFTER THE EFFECTIVE DATE OF
11 SECTION 6120.
12 SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
13 (1) THE AMENDMENT OF 18 PA.C.S. § 6120 SHALL TAKE EFFECT
14 IMMEDIATELY.
15 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
16 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
17 DAYS.
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