2023-2024 Regular Session SB 975 PN 1228 Bill Text (HTM)

PRIOR PRINTER'S NO. 1199

PRINTER'S NO. 1228

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

975

Session of

2023

INTRODUCED BY BROOKS, BROWN, COSTA, DUSH, SCHWANK AND STEFANO,

OCTOBER 31, 2023

SENATOR BAKER, JUDICIARY, AS AMENDED, NOVEMBER 14, 2023

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in assault, further providing for the

offense of terroristic threats.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

Pennsylvania Consolidated Statutes is amended to read:

§ 2706. Terroristic threats.

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(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

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DISREGARD OF THE RISK OF CAUSING SUCH TERROR OR

INCONVENIENCE.

(B) [RESTITUTION.--A] COSTS OF RESPONDING TO THREAT.--

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON CONVICTED

OR ADJUDICATED DELINQUENT 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.] BE SENTENCED TO

PAY ANY COSTS OF AN EVACUATION OR OTHER RESPONSE RESULTING FROM

THE THREAT THAT GAVE RISE TO THE VIOLATION OF THIS SECTION,

INCLUDING, BUT NOT LIMITED TO:

(1) THE COSTS OF SUPPLIES, EQUIPMENT OR MATERIALS USED

BY AN EMERGENCY MEDICAL SERVICES AGENCY, FIRE COMPANY, LAW

ENFORCEMENT AGENCY, SCHOOL DISTRICT, EDUCATIONAL FACILITY OR

OTHER GOVERNMENTAL ENTITY TO RESPOND TO THE THREAT.

(2) THE COSTS OF PREPARED AND UNPREPARED FOOD THAT WENT

UNUSED AS A RESULT OF AN EVACUATION OR DIVERSION FROM THE

NORMAL OR CUSTOMARY OPERATIONS OF A SCHOOL OR EDUCATIONAL

FACILITY THAT RESPONDED TO THE THREAT.

(3) THE SALARY OR OTHER WAGES, INCLUDING OVERTIME PAY,

OF ANY EMPLOYEE OF A LAW ENFORCEMENT AGENCY, POLICE

DEPARTMENT, FIRE COMPANY, MEDICAL SERVICES AGENCY, SCHOOL

DISTRICT, EDUCATIONAL FACILITY OR OTHER GOVERNMENTAL ENTITY

FOR THE TIME SPENT RESPONDING TO THE THREAT.

(4) THE SALARY OR OTHER WAGES, INCLUDING OVERTIME PAY,

OF ANY TEACHER, ADMINISTRATOR, AIDE OR OTHER EMPLOYEE OF A

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SCHOOL OR EDUCATIONAL FACILITY WHO WAS PAID DESPITE THE

DIVERSION OF NORMAL OR CUSTOMARY OPERATIONS OF THE SCHOOL OR

EDUCATIONAL FACILITY.

OF [RESTITUTION] COSTS 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 provided under paragraph (2), an offense

under subsection (a) constitutes a misdemeanor of the first

degree [unless the].

(2) An offense under subsection (a) constitutes a felony

of the third degree if:

(i) 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.]; or

(ii) the threat relates to a school or educational

facility.

* * *

(E) DEFINITION.--AS USED IN THIS SECTION, THE TERM

"COMMUNICATES" MEANS CONVEYS IN PERSON OR BY WRITTEN OR

ELECTRONIC MEANS, INCLUDING TELEPHONE, ELECTRONIC MAIL,

INTERNET, FACSIMILE, TELEX AND SIMILAR TRANSMISSIONS.

Section 2. This act shall take effect in 60 days.

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