act-1999-0-59•Pennsylvania Act 1999-59 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1999-59 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
act-1999-0-591999 Pa. Act 59Law
Act text
CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 15, 1999, P.L. 915, No. 59 Cl. 18
Session of 1999
No. 1999-59
SB 167
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for possession of
firearm or other dangerous weapon in court facility, for
terroristic threats, for harassment and stalking, for grading
of theft offenses, for harassment and stalking by
communication or address and weapons or implements for escape
and for persons not to possess, use, manufacture, control,
sell or transfer firearms; providing for possession of
firearms with altered manufacturer's number; further
providing for the sale or transfer of firearms and for
registration of firearms; providing for locking device for
firearms ; and limiting certain lawsuits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 913(e) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 913. Possession of firearm or other dangerous weapon in
court facility.
* * *
(e) Facilities for checking firearms or other dangerous
weapons.--Each county shall make available at or within the
building containing a court facility by July 1, [1996] 2002,
lockers or similar facilities at no charge or cost for the
temporary checking of firearms by persons carrying firearms
under section 6106(b) or 6109 or for the checking of other
dangerous weapons that are not otherwise prohibited by law. Any
individual checking a firearm, dangerous weapon or an item
deemed to be a dangerous weapon at a court facility must be
issued a receipt. Notice of the location of the facility shall
be posted as required under subsection (d).
* * *
Section 2. Section 2706(a) of Title 18 is amended and the
section is amended by adding subsections to read:
§ 2706. Terroristic threats.
(a) Offense defined.--A person [is guilty of a misdemeanor
of the first degree] commits the crime of terroristic threats if
[he threatens to] the person communicates, either directly or
indirectly, a threat to:
(1) commit any crime of violence with intent to
terrorize another [or to];
(2) cause evacuation of a building, place of assembly[,]
or facility of public transportation[,]; or
(3) otherwise [to] cause serious public inconvenience,
or [in] cause terror or serious public inconvenience with
reckless disregard of the risk of causing such terror or
inconvenience.
* * *
(d) Grading.--An offense under subsection (a) constitutes a
misdemeanor of the first degree.
(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 3. Sections 2709(a) and (f) , 3903(a) and (a.1),
5122 and 5504 of Title 18 are amended to read:
§ 2709. Harassment and stalking.
(a) Harassment.--A person commits the crime of harassment
when, with intent to harass, annoy or alarm another, the person:
(1) [he] strikes, shoves, kicks or otherwise subjects
[him] the other person to physical contact, or attempts or
threatens to do the same; [or]
(2) [he] follows [a] the other person in or about a
public place or places; or
(3) [he] engages in a course of conduct or repeatedly
commits acts which [alarm or seriously annoy such other
person and which] serve no legitimate purpose.
* * *
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Course of conduct." A pattern of actions composed of more
than one act over a period of time, however short, evidencing a
continuity of conduct. The term includes lewd, lascivious,
threatening or obscene words, language, drawings, caricatures or
actions, either in person or anonymously.
* * *
§ 3903. Grading of theft offenses.
(a) Felony of the second degree.--Theft constitutes a felony
of the second degree if [the]:
(1) The offense is committed during a manmade disaster,
a natural disaster or a war-caused disaster and constitutes a
violation of section 3921 (relating to theft by unlawful
taking or disposition), 3925 (relating to receiving stolen
property), 3928 (relating to unauthorized use of automobiles
and other vehicles) or 3929 (relating to retail theft).
(2) The property stolen is a firearm.
(3) In the case of theft by receiving stolen property,
the property received, retained or disposed of is a firearm
and the receiver is in the business of buying or selling
stolen property.
(a.1) Felony of the third degree.--Except as provided in
subsection (a), theft constitutes a felony of the third degree
if the amount involved exceeds $2,000, or if the property stolen
is [a firearm,] an automobile, airplane, motorcycle, motorboat
or other motor-propelled vehicle, or in the case of theft by
receiving stolen property, if the receiver is in the business of
buying or selling stolen property.
* * *
§ 5122. Weapons or implements for escape.
(a) Offenses defined.--
(1) A person commits a misdemeanor of the first degree
if he unlawfully introduces within a detention facility,
correctional institution or mental hospital, or unlawfully
provides an inmate thereof with any weapon, tool, implement,
or other thing which may be used for escape.
(2) An inmate commits a misdemeanor of the first degree
if he unlawfully procures, makes or otherwise provides
himself with, or unlawfully has in his possession or under
his control, any weapon, tool, implement or other thing which
may be used for escape.
[(3) An inmate commits a misdemeanor of the second
degree if he unlawfully procures, makes or otherwise provides
himself with, or unlawfully has in his possession or under
his control, any tool, implement or other thing which may be
used for escape.]
(b) Definitions.--
(1) As used in this section, the word "unlawfully" means
surreptitiously or contrary to law, regulation or order of
the detaining authority.
(2) As used in this section, the word "weapon" means any
implement readily capable of lethal use and shall include any
firearm, ammunition, knife, dagger, razor, other cutting or
stabbing implement or club, including any item which has been
modified or adopted so that it can be used as a firearm,
ammunition, knife, dagger, razor, other cutting or stabbing
implement, or club. The word "firearm" includes an unloaded
firearm and the unassembled components of a firearm.
§ 5504. Harassment and stalking by communication or address.
(a) [Offense defined] Harassment by communication or
address.--A person commits [a misdemeanor of the third degree
if] the crime of harassment by communication or address when,
with intent to harass, annoy or alarm another, [he] the person:
(1) [makes a telephone call without intent of legitimate
communication or addresses] communicates to or about such
other person any lewd, lascivious, threatening or [indecent]
obscene words [or], language [or anonymously telephones
another person repeatedly], drawings or caricatures; or
(2) [makes repeated communications anonymously or at
extremely inconvenient hours, or in offensively coarse
language.] communicates repeatedly in an anonymous manner;
(3) communicates repeatedly at extremely inconvenient
hours; or
(4) communicates repeatedly in a manner not covered by
paragraph (2) or (3).
(a.1) Stalking by communication or address.--A person
commits the crime of stalking by communication or address when
the person engages in a course of conduct or repeatedly
communicates to another under circumstances which demonstrate or
communicate either of the following:
(1) An intent to place such other person in reasonable
fear of bodily injury.
(2) An intent to cause substantial emotional distress to
such other person.
(b) Venue.--Any offense committed under [paragraph (a)(1) of
this section] subsection (a) or (a.1) may be deemed to have been
committed at either the place at which the [telephone call or
calls] communication or communications were made or at the place
where the [telephone call or calls] communication or
communications were received.
(c) Grading.--
(1) An offense under subsection (a) shall constitute a
misdemeanor of the third degree.
(2) Except as set forth under paragraph (3) or (4), an
offense under subsection (a.1) shall constitute a misdemeanor
of the first degree.
(3) A second or subsequent offense under subsection
(a.1) shall constitute a felony of the third degree.
(4) A first offense under subsection (a.1) if the person
has been previously convicted of any crime of violence
involving this same victim, family or household members,
including, but not limited to, a violation of section 2701
(relating to simple assault), 2702 (relating to aggravated
assault), 2705 (relating to recklessly endangering another
person), 2709 (relating to harassment and stalking), 2901
(relating to kidnapping), 3121 (relating to rape), 3123
(relating to involuntary deviate sexual intercourse) or
3124.1 (relating to sexual assault), an order issued under
section 4954 (relating to protective orders) or an order
issued under 23 Pa.C.S. § 6108 (relating to relief), shall
constitute a felony of the third degree.
(d) False reports.--A person who knowingly gives false
information to any law enforcement officer with the intent to
implicate another under this section commits an offense under
section 4906 (relating to false reports to law enforcement
authorities).
(e) Application of section.--This section shall not apply to
conduct by a party to a labor dispute as defined in the act of
June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-
Injunction Act, or to any constitutionally protected activity.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Communicates." Conveys, without intent of legitimate
communication or address, by written or electronic means
including telephone, electronic mail, Internet, facsimile, telex
and similar transmissions.
"Course of conduct." A pattern of actions composed of more
than one act over a period of time, however short, evidencing a
continuity of conduct. Acts indicating a course of conduct which
occur in more than one jurisdiction may be used by any other
jurisdiction in which an act occurred as evidence of a
continuing pattern of conduct or a course of conduct.
"Emotional distress." A temporary or permanent state of
mental anguish.
"Family or household member." Spouses or persons who have
been spouses, persons living as spouses or who lived as spouses,
parents and children, other persons related by consanguinity or
affinity, current or former sexual or intimate partners or
persons who share biological parenthood.
Section 4. Section 6105(c)(2) of Title 18 is amended and the
section is amended by adding a subsection to read:
§ 6105. Persons not to possess, use, manufacture, control,
sell or transfer firearms.
* * *
(a.1) Penalty.--Any person convicted of a felony enumerated
under subsection (b) or a felony under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or any equivalent Federal statute or
equivalent statute of any other state, who violates subsection
(a) commits a felony of the second degree.
* * *
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
* * *
Section 5. Title 18 is amended by adding a section to read:
§ 6110.2. Possession of firearm with altered manufacturer's
number.
(a) General rule.--No person shall possess a firearm which
has had the manufacturer's number integral to the frame or
receiver altered, changed, removed or obliterated.
(b) Penalty.--A person who violates this section commits a
misdemeanor of the first degree.
(c) Definition.--As used in this section, the term "firearm"
shall have the same meaning as that term is defined in section
6105(i) (relating to persons not to possess, use, manufacture,
control, sell or transfer firearms), except that the term shall
not include antique firearms as defined in section 6118
(relating to antique firearms).
Section 6. Section 6111 of Title 18 is amended by adding a
subsection to read:
§ 6111. Sale or transfer of firearms.
* * *
(j) Exemption.--The provisions of subsections (a) and (b)
shall not apply to sales of firearms as defined in section 6102
between Federal firearms licensees.
Section 7. Section 6120 of Title 18 is amended to read:
§ 6120. Limitation on [municipal] the regulation of firearms
and ammunition.
(a) General rule.--No county, municipality or township may
in any manner regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an
action at law or in equity against any firearms or ammunition
manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy
resulting from or relating to either the lawful design or
manufacture of firearms or ammunition or the lawful marketing
or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to
prohibit a political subdivision from bringing or maintaining
an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision.
(b) [Definition.--For the purposes of this section, the term
"firearms" has the meaning given in section 5515 (relating to
prohibiting of paramilitary training) but shall not include air
rifles as defined in section 6304 (relating to sale and use of
air rifles).] Definitions.--As used in this section, the
following words and phrases shall have the meanings given to
them in this subsection:
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
ammunition.
"Firearms." This term shall have the meaning given to it in
section 5515 (relating to prohibiting of paramilitary training)
but shall not include air rifles as that term is defined in
section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
Section 8. Title 18 is amended by adding a section to read:
§ 6142. Locking device for firearms.
(a) Offense defined.--It shall be unlawful for any licensee
to sell, deliver or transfer any firearm as defined in section
6102 (relating to definitions), other than an antique firearm as
defined in section 6118 (relating to antique firearms), to any
other person, other than another licensee, unless the transferee
is provided with or purchases a locking device for that firearm
or the design of the firearm incorporates a locking device.
(b) Exceptions.--Firearms for transfer to or possession by
any law enforcement officer employed by any Federal, State or
local government entity or rail police employed and certified by
a rail carrier as a police officer are not subject to the
provisions of this section.
(c) Penalties.--A violation of the provisions of this
section shall be a summary offense.
(d) Good faith compliance.--A licensee who in good faith
complies with this section shall not be civilly liable as a
result of such compliance with this section, except for any acts
or omissions intentionally designed to harm or for grossly
negligent acts or omissions which result in harm.
(e) A transferee's purchase or receipt of a locking device
in conjunction with the purchase of a firearm pursuant to this
section shall not be admissible as evidence in any civil action
brought against the transferee.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Licensee." Any licensed manufacturer, importer or dealer of
firearms.
"Locking device." Either of the following:
(1) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device; or
(2) a device that is incorporated into the design of a
firearm and that is designed to prevent the operation of the
firearm by anyone not having access to the device.
Section 9. The amendment of 18 Pa.C.S. § 6120 shall apply to
all actions pending on or brought after the effective date of
the amendment section 6120.
Section 10. This act shall take effect as follows:
(1) The amendment of 18 Pa.C.S. § 6120 shall take effect
immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
APPROVED--The 15th day of December, A. D. 1999.
THOMAS J. RIDGE
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