HB 407 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of stalking.

PRINTER'S NO.   379

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 407
                                                 Session of
                                                   2025

     INTRODUCED BY POWELL, KHAN, SANCHEZ, MARCELL, GIRAL, HILL-EVANS,
        DONAHUE, HADDOCK, SCHLOSSBERG, CIRESI, DEASY, STEELE AND
        GREEN, JANUARY 29, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in assault, further providing for the
 3      offense of stalking.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Section 2709.1(a), (b) and (c) of Title 18 of the
 7   Pennsylvania Consolidated Statutes are amended and the section
 8   is amended by adding subsections to read:
 9   § 2709.1.      Stalking.
10      (a)   [Offense] Stalking offense defined.--A person commits
11   the crime of stalking when the person either:
12            (1)    engages in a course of conduct or repeatedly commits
13      acts toward another person, including following the person
14      without proper authority, under circumstances which
15      demonstrate either an intent to place such other person in
16      reasonable fear of bodily injury or to cause substantial
17      emotional distress to such other person; or
18            (2)    engages in a course of conduct or repeatedly
 1    communicates to another person under circumstances which
 2    demonstrate or communicate either an intent to place such
 3    other person in reasonable fear of bodily injury or to cause
 4    substantial emotional distress to such other person.
 5    (b)   Venue for stalking offense.--
 6          (1)   An offense committed under [this section] subsection
 7    (a) may be deemed to have been committed at either the place
 8    at which the communication or communications were made or at
 9    the place where the communication or communications were
10    received.
11          (2)   [Acts] For an offense committed under subsection
12    (a), acts indicating a course of conduct which occur in more
13    than one jurisdiction may be used by any other jurisdiction
14    in which an act occurred as evidence of a continuing pattern
15    of conduct or a course of conduct.
16    (c)   Grading for stalking offense.--
17          (1)   Except as otherwise provided for in paragraph (2), a
18    first offense under [this section] subsection (a) shall
19    constitute a misdemeanor of the first degree.
20          (2)   A second or subsequent offense under [this section]
21    subsection (a) or a first offense under subsection (a) if the
22    person has been previously convicted of a crime of violence
23    involving the same victim, family or household member,
24    including, but not limited to, a violation of section 2701
25    (relating to simple assault), 2702 (relating to aggravated
26    assault), 2705 (relating to recklessly endangering another
27    person), 2718 (relating to strangulation), 2901 (relating to
28    kidnapping), 3121 (relating to rape) or 3123 (relating to
29    involuntary deviate sexual intercourse), an order issued
30    under section 4954 (relating to protective orders) or an

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 1      order issued under 23 Pa.C.S. § 6108 (relating to relief)
 2      shall constitute a felony of the third degree.
 3      (c.1)   Unauthorized location tracking offense defined.--
 4   Except as provided under subsection (c.2), a person commits the
 5   offense of unauthorized location tracking when the person
 6   installs or places a technological device or causes the
 7   technological device to be placed on the person or property of
 8   another person to determine or monitor the location or movement
 9   of another person.
10      (c.2)   Exceptions.--The provisions of subsection (c.1) shall
11   not apply to the installation, placement or use of an electronic
12   tracking device:
13          (1)   by an investigative officer, law enforcement officer
14      or agency while conducting an investigation, when the
15      investigative officer, law enforcement officer or agency is
16      engaged in the lawful performance of official duties and is
17      otherwise in accordance with Federal and State law;
18          (2)   pursuant to a court order or as part of supervision
19      for a pretrial diversionary program, probation or parole;
20          (3)   unless prohibited by court order, by the parent or
21      legal guardian of a minor when tracking the minor or by a
22      person authorized by the parent or legal guardian to serve as
23      a caretaker of the minor at any time when the minor is under
24      the caretaker's sole care, if:
25                (i)    the parents or legal guardians are lawfully
26          married to each other and are not separated or otherwise
27          living apart;
28                (ii)    the parent or legal guardian is the sole
29          surviving parent or legal guardian of the minor;
30                (iii)    the parent or legal guardian has primary

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 1        physical custody of the minor while the electronic
 2        tracking device is installed and monitored; or
 3              (iv)    the parents or legal guardians are divorced,
 4        separated or otherwise living apart and both consent to
 5        the installation of and monitoring by the electronic
 6        tracking device;
 7        (4)   by a legally authorized guardian of an incapacitated
 8    person as defined in 20 Pa.C.S. § 5902 (relating to
 9    definitions) or by a caregiver or family member of a senior
10    citizen or an adult with a disability, if a physician of the
11    senior citizen or adult with a disability recommends the
12    installation of an electronic tracking device or tracking
13    application to ensure the safety of the senior citizen or
14    adult with a disability;
15        (5)   by the owner, lessee or contractor of a fleet
16    vehicle who installs or directs the installation of the
17    electronic tracking device on the vehicle during the period
18    of ownership, lease or contract if:
19              (i)    the electronic tracking device is removed before
20        the vehicle's title is transferred or the vehicle's lease
21        expires;
22              (ii)    the new owner of the vehicle, in the case of a
23        sale, the lessor of the vehicle, in the case of an
24        expired lease, or the contractor, in the case of an
25        expired contractual agreement, consents in writing to the
26        nonremoval of the electronic tracking device; or
27              (iii)    the owner of the vehicle at the time of
28        installation of the electronic tracking device was the
29        original manufacturer of the vehicle;
30        (6)   by an electronic communications provider to the

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 1      extent that the installation, placement or use is disclosed
 2      in the provider's terms of use, privacy policy or similar
 3      document and accepted by the customer; or
 4          (7)   by a person acting in good faith on behalf of a
 5      business entity for a legitimate business interest.
 6      (c.3)   Venue for unauthorized location tracking offense.--An
 7   offense committed under subsection (c.1) may be deemed to have
 8   been committed where:
 9          (1)   the information was received;
10          (2)   the victim resides; or
11          (3)   the property is located.
12      (c.4)   Grading for unauthorized location tracking offense.--A
13   violation under subsection (c.1) shall constitute a misdemeanor
14   of the third degree.
15      * * *
16      Section 2.   This act shall take effect in 60 days.




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