PRIOR PRINTER'S NOS. 1199, 1228
PRINTER'S NO. 1518
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
975
Session of
2023
INTRODUCED BY BROOKS, BROWN, COSTA, DUSH, SCHWANK AND STEFANO,
OCTOBER 31, 2023
AS AMENDED ON THIRD CONSIDERATION, APRIL 9, 2024
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 of Title 18 of the Pennsylvania
Consolidated Statutes is 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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
SCHOOL ENTITY OR INSTITUTION OF HIGHER EDUCATION 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 SCHOOL ENTITY OR INSTITUTION OF HIGHER EDUCATION
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 SCHOOL ENTITY OR INSTITUTION
OF HIGHER EDUCATION or other governmental entity for the time
spent responding to the threat.
20230SB0975PN1518 - 2 -
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) The salary or other wages, including overtime pay,
of any teacher, administrator, aide or other employee of a
school or educational facility SCHOOL ENTITY OR INSTITUTION
OF HIGHER EDUCATION who was paid despite the diversion of
normal or customary operations of the school or educational
facility SCHOOL ENTITY OR INSTITUTION OF HIGHER EDUCATION .
(c) Preservation of private remedies.--No judgment or order
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.
SCHOOL ENTITY OR INSTITUTION OF HIGHER EDUCATION.
(E) DEFINITION.--[AS USED IN THIS SECTION, THE TERM
20230SB0975PN1518 - 3 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"COMMUNICATES" MEANS CONVEYS IN PERSON OR BY WRITTEN OR
ELECTRONIC MEANS, INCLUDING TELEPHONE, ELECTRONIC MAIL,
INTERNET, FACSIMILE, TELEX AND SIMILAR TRANSMISSIONS.] AS USED
IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE
MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT
CLEARLY INDICATES OTHERWISE:
"COMMUNICATES." CONVEYS IN PERSON OR BY WRITTEN OR
ELECTRONIC MEANS, INCLUDING TELEPHONE, ELECTRONIC MAIL,
INTERNET, FACSIMILE, TELEX AND SIMILAR TRANSMISSIONS.
"INSTITUTION OF HIGHER EDUCATION." THE TERM INCLUDES ANY OF
THE FOLLOWING:
(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A OF
THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE
PUBLIC SCHOOL CODE OF 1949 .
(2) A UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER
EDUCATION.
(3) THE PENNSYLVANIA STATE UNIVERSITY.
(4) THE UNIVERSITY OF PITTSBURGH.
(5) TEMPLE UNIVERSITY.
(6) LINCOLN UNIVERSITY.
(7) ANY OTHER INSTITUTION THAT IS DESIGNATED AS "STATE-
RELATED" BY THE COMMONWEALTH.
(8) ANY ACCREDITED PRIVATE OR INDEPENDENT COLLEGE OR
UNIVERSITY.
(9) ANY PRIVATE LICENSED SCHOOL AS DEFINED IN THE ACT OF
DECEMBER 15, 1986 (P.L.1585, NO.174), KNOWN AS THE PRIVATE
LICENSED SCHOOLS ACT.
"SCHOOL ENTITY." A PUBLIC SCHOOL, INCLUDING A CHARTER SCHOOL
OR CYBER CHARTER SCHOOL, PRIVATE SCHOOL, NONPUBLIC SCHOOL,
INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL SCHOOL OPERATING
20230SB0975PN1518 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
WITHIN THIS COMMONWEALTH.
Section 2. This act shall take effect in 60 days.
20230SB0975PN1518 - 5 -
1
2