More Law, Less Justice | 2021-2022 Session Pipeline Bills
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BILL #
SUBJECT
1
2021 Act 48

HB 1429

Creates a new, duplicative offense prohibiting the financial exploitation of an older adult or care-dependent person

2
2021 Act 49

HB 1431

Creates a new criminal offense for using any audio/video/image of a care-dependent person that "ridicules or demeans" them

3
2021 Act 53

SB 87

Increases the criminal penalties for child pornography

4
2021 Act 71

HB 184

Enhances criminal penalties for causing/aiding suicide if the person was under 18 or had an intellectual disability or autism disorder (Shawn's Law)

5
2021 Act 89

SB 550

Criminalizes the removal of a Memorial Day flag from a grave

6
2022 Act 59

HB 773

Increases the penalty for refusal to take a DUI breath or chemical test and imposes mandatory consecutive sentences for DUI offenses (Deana's Law)

7
2022 Act 60

HB 940

Creates new, duplicative offenses for harming police animals by eliminating the requirement for criminal intent (Titan's Law)

8
2022 Act 61

HB 975

Creates a felony offense for an employee to have any kind of sexual contact, including consensual sex, with a person who receives care at a facility

9
2022 Act 74

HB 2157

Creates new and increased fines for fireworks offenses

10
2022 Act 75

HB 2271

Creates a new sentencing enhancement for sexual extortion if the victim attempts or dies by suicide within 90 days (Lindsey's Law)

11
2022 Act 83

SB 251

Expands fertilizer regulations and adds new criminal enforcement penalties

12
2022 Act 88

SB 982

Criminalizes the solicitation of, application for, or receipt of non-public funding for the purpose of administering elections

13
2022 Act 92

SB 1183

Criminalizes riding dirt bikes & off-road vehicles in cities and permits police forfeiture of those vehicles

14
2022 Act 95

SB 814

Prohibits evading police arrest or detention on foot (Wilding's Law)

15
2022 Act 99

HB 103

Creates new felony offenses for causing (or attempting to cause) a police officer to come into contact with bodily fluids, including by "expelling saliva"

16
2022 Act 130

HB 2398

Creates new offenses and penalties for catalytic converter theft and for violating highly automated vehicle (HAV) regulations

17
2022 Act 144

SB 118

Expands the list of offenses that require registration under Megan's Law

18
2022 Act 165

HB 1546

Creates a new offense and penalties for communicating the personal information of a public safety official

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Senate vote-FP
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Act 48 of 2021:

Creates a new offense as 18 § 3922.1. Financial exploitation of an older adult or care-dependent person, creating 4 separate new suboffenses and penalties:

  • F1 if more than $500K
  • F2 if between $500K - $100K
  • F3 if between $2,000 and $100K
  • M1 for all other taking

This behavior is already criminalized under:

  • 18 § 3921. Theft by unlawful taking; and
  • 18 § 3922. Theft by deception, with grading dependent on the amount taken.
4
4
0
0
House | Bipartisan support
Senate | Bipartisan support

201-0-1

49-1-0

Amends Title 18 (Crimes and Offenses), in theft and related offenses, providing for the offense of financial exploitation of an older adult or care-dependent person. This legislation establishes grading for the financial exploitation of an older adult or care-dependent person and the concurrent jurisdiction of the attorney general in amounts exceeding $20,000 and provides for enforcement by the district attorney. The legislation provides for an offense of a first degree felony if the amount involved is at least $500,000 or if the person participated in a course of conduct resulting in the loss of property of two or more older adults or care-dependent persons.

18 Pa.C.S. Crimes & Offenses
6/30/2021
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=1429
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2021&sessInd=0&smthLwInd=0&act=48

Act 49 of 2021:

  • Expands the definition of 18 § 2713.1. Abuse of care-dependent person, creating a new suboffense that makes it an M3 to "use any audio, video or image of the care-dependent person" in a way that "ridicules or demeans" that person.

This behavior is already criminalized under:

  • 18 § 2709. Harassment. A person commits the crime of harassment, when, with intent to harass, annoy or alarm another, the person engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose.
1
1
0
1
House | Bipartisan support
Senate | Bipartisan support

198-4-0

48-2-0

Amends Title 18 (Crimes and Offenses), in assault, adding to the offense of abuse of care-dependent person a caretaker who, with the intent to ridicule or demean a care-dependent person, uses any audio, video or still image of the care-dependent person in any format or medium on or through any electronic service, wireless communication or any form of electronic service or wireless communication as pertaining to communication, which is subject to a penalty of a misdemeanor of the third degree.

18 Pa.C.S. Crimes & Offenses
6/30/2021
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=1431
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2021&sessInd=0&smthLwInd=0&act=49

Act 53 of 2021:

  • Increases the grading for 18 § 6312. Sexual abuse of children if the child is under 10. A first offense goes from F3 to F2; a second offense from F2 to F1.
  • Directs the Sentencing Commission to create a new enhancement where the "child depicted is known to the defendant."
  • Directs the Sentencing Commission to create new enhancements where the child is less than 10 years old or prepubescent.
  • Creates a task force on child pornography.

This behavior is already criminalized under:

  • 18 § 6301. Corruption of minors is already an F3.
  • 18 § 3125. Aggravated indecent assault of a child under 13 years old is already an F1.
  • 18 § 3126. Indecent assault with a child victim under 13 years old is an M1 or an F3, depending on the conduct.
  • Conspiracy could also be charged, so any person engaged in the manufacturing of child pornography could be guilty of conspiracy to commit any of the above existing offenses (corruption of minors, indecent assault, and so on).
0
2
2
0
House | Bipartisan support
Senate | Bipartisan support

199-2-1

46-2-1

Amends Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary), in minors, increasing penalties for those convicted of child pornography where images or videos depict a victim younger than 10 years of age or prepubescent; in child protective services, establishing the Task Force of Child Pornography; and, in sentencing, providing that the Pennsylvania Commission on Sentencing may provide a sentence enhancement for those convicted of the sexual abuse of children when the person depicted is known to the defendant. The legislation establishes members and enumerates the duties of the task force.

18 Pa.C.S. Crimes & Offenses
23 Pa.C.S. Domestic Relations
42 Pa.C.S. Judiciary
6/30/2021
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=S&type=B&bn=0087
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2021&sessInd=0&smthLwInd=0&act=53

Act 71 of 2021:

  • Directs the Sentencing Commission to create a new enhancement under 18 § 2505. Causing or aiding suicide when the person who died by suicide was either (a) under 18 years old or (b) has an intellectual or autism spectrum disorder.

This behavior is already criminalized under:

  • 18 § 2505 Causing or aiding suicide:
  • Life without parole for intentionally causing suicide by force, duress or deception (criminal homicide).
  • F2 for intentionally aiding or soliciting suicide that causes someone to attempt or die by suicide.
  • M2 for intentionally aiding or soliciting suicide that does not result in an attempt or death, e.g., simply telling someone “I think you should kill yourself."
0
1
2
0
House | Bipartisan support
Senate | Bipartisan support

152-49-0

34-16-0

Amends Title 18 (Crimes & Offenses), in criminal homicide, further providing for the offense of causing or aiding suicide. Requires the Pennsylvania Commission on Sentencing to provide for a sentence enhancement within its guidelines for an offense under this section when at the time of the offense the person who committed suicide or was aided or solicited to commit suicide is under 18 years of age or has an intellectual disability or autism spectrum disorder.

18 Pa.C.S. Crimes & Offenses
9/30/2021
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=0184
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2021&sessInd=0&smthLwInd=0&act=71

Act 89 of 2021:

  • Current law mandates that counties place flags at every veteran's grave for Memorial Day. Act 89 amends § 2122 of the Second Class County Code to create a new summary offense (punishable by 90 days incarceration and a $300 fine) for a person to remove one of these Memorial Day flags from a veteran's grave before July 4th.

This behavior is already criminalized under:

  • 18 § 5509. Desecration, theft, or sale of venerated objects, which makes it an M2 to intentionally desecrate a burial place with extra protections for veterans' markers.
1
1
0
1
House | Bipartisan support
Senate | Bipartisan support

200-0-1

50-0-0

Amends Second Class County Code, in special powers and duties of the county, further providing for flags to decorate graves. Requires the governing body of the county to provide flags on each Memorial Day with which to decorate each grave of a deceased service person and each grave of other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or any organization officially connected to those forces, whose separation from service was honorable, whether by discharge or otherwise, and who are interred within the county.

16 P.S. Counties
11/17/2021
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=S&type=B&bn=0550
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2021&sessInd=0&smthLwInd=0&act=89

Act 59 of 2022:

  • Increases the penalty for refusing a DUI breath or chemical test from an F3 to an F2 if the person has three or more prior DUIs.
  • Imposes mandatory consecutive sentences for anyone with two or more prior DUIs.
  • Creates new enhancements for DUI test refusals where the individual had four or more prior offenses.
0
3
1
0
House | Bipartisan support
Senate | Bipartisan support

168-32-2

46-4-0

Amends Title 75 (Vehicles), in licensing of drivers, providing that a person who violates the sections related to driving under the influence and refuses testing pursuant to a search warrant or court order commits a felony of the third degree if the individual has two prior offenses or a felony of the second degree if the individual has three or more prior offenses. Provides for a consecutive sentence and establishes a sentencing enhancement for violations where the individual refuses testing pursuant to a search warrant or court order or if the individual has four or more prior offenses. Establishes suspension of operating privileges upon conviction and provides that suspension shall be 18 months for a misdemeanor of the first degree or felony of the second or third degree under the relevant chapter.

75 Pa.C.S. Vehicles
7/11/2022
Effective in 120 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=0773
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=59

Act 60 of 2022:

  • Creates new sentencing enhancements for burglary and criminal trespass where a domestic animal is harmed or killed during the course of a crime.
  • Adds a new suboffense—the reckless injury, killing, or disabling of a police animal—graded as an F3 with no requirement of intent. Previously, under 18 § 5548. Police animals, the mens rea required was intentionally or knowingly.
  • Permits EMTs to transport injured police animals to veterinary hospitals and creates canine training standards.

This (nearly identical) behavior is already criminalized under:

  • 18 § 5533. Cruelty to animal. M2 if a person intentionally, knowingly, or recklessly illtreats, overloads, beats, abandons, or abuses an animal and places the animal at risk of serious bodily injury.
  • 18 § 5534. Aggravated cruelty to animal. F3 to torture an animal or cause an animal serious bodily injury or death.
1
3
2
1
House | Bipartisan support
Senate | Bipartisan support

147-53-2

32-18-0

Amends Titles 18 (Crimes and Offenses), 35 (Health and Safety), 42 (Judiciary and Judiciary Procedure) and 53 (Municipalities Generally), in burglary and other criminal intrusion, further providing for definitions, for the offense of burglary and for the offense of criminal trespass; in cruelty to animals, further providing for police animals; and, in employees, providing for canine training standards for police officers. This legislation adds a section defining domestic animal and provides for a sentencing enhancement for burglary and criminal trespass when a domestic animal is harmed or killed during the course of the crime. Establishes it is illegal to torture or kill police animals and establishes the crime of intentionally or knowingly torturing or killing a police animal as a second-degree felony. Provides reckless torture or killing a police animal is a first-degree misdemeanor. Establishes it is illegal to torture or kill police animals during the perpetration of a felony and violating provisions of this subsection constitutes a third-degree felony. Provides an emergency response provider may transport a police animal injured in the line of duty to a veterinary clinic, hospital emergency department or similar facility if there is no individual requiring immediate medical attention or transport at that time. An emergency response provider may provide emergency medical care to a police animal injured in the line of duty while at the scene of the emergency or while the police animal is being transported to a veterinary clinic, hospital emergency department or similar facility. Provides emergency response provider and bystander Good Samaritan civil liability. Adds a section providing for canine training standards for police officers, maintenance certifications, record-keeping policies and notification requirements for the Pennsylvania Bulletin.

18 Pa.C.S. Crimes & Offenses
42 Pa.C.S. Judiciary
35 Pa.C.S. Health & Safety
53 Pa.C.S. Municipalities
7/11/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=0940
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=60

Act 61 of 2022:

  • Creates a third-degree felony offense for an employee of a facility to have any kind of sexual contact (including consensual sex) with any person who receives care from a facility.

This behavior is already criminalized under:

  • This new offense is entirely unnecessary and duplicative. Nearly all sexual offenses make it rape if the person is incapable of providing consent due to a mental or physical disability, including:
  • 18 § 3121. Rape: It is already either an F1 or a super felony to have sexual intercourse with a person "who suffers from a mental disability which renders the complainant incapable of consent." In other words, sex with an Alzheimer's patient is first-degree felony rape.
  • 18 § 3125.  Aggravated indecent assault.
  • 18 § 3124.1. Sexual assault.
  • 18 § 3123. Involuntary deviate sexual intercourse.
1
1
0
1
House | Bipartisan support
Senate | Bipartisan support

164-36-2

48-2-0

Amends Title 18 (Crimes and Offenses), in assault, further providing for definitions and offense of institutional sexual assault under sexual offenses. Establishes a caretaker commits a felony of the third degree if the caretaker engages in sexual intercourse, deviate sexual intercourse or indecent contact with a care-dependent person who receives care, services, or treatment in or from a facility. Provides exemptions if the victim and defendant are spouses, persons living as spouses, or current sexual or intimate partners whose relationship existed prior to the caretaker relationship.

18 Pa.C.S. Crimes & Offenses
7/11/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=0975
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=61

Act 74 of 2022:

  • Creates numerous penalties related to the use and sale of fireworks. While the grading of these offenses remains the same as the Act passed in 2017, this act increases the fines.
  • Summary - for a person to use consumer fireworks violates the numerous provisions of this statute. A first offense - the penalty is $500 a second offense - $1,000
  • M2 - for selling consumer fireworks in violation of this chapter. First offense $10,000 fine. Subsequent offense within 3 years - M2 - $15,000 and revocation of license.
  • F3 - selling or using display fireworks in violation of the provisions of this chapter. First offense $10,000. Subsequent offense - $15,000.
  • F3 - selling federally illegal explosives - First offense $10,000, second offense $15,000.

This behavior is already criminalized under:

  • 18 § 3302. Causing or risking catastrophe (a) Causing catastrophe, which makes it an F1 or an F2 to cause a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful or destructive force or substance, or by any other means of causing potentially widespread injury or damage, including selling, dealing in or otherwise providing licenses or permits to transport hazardous materials in violation of 75 Pa.C.S. Ch. 83 (relating to hazardous materials transportation).
  • 18 § 3302. Causing or risking catastrophe (b) Risking catastrophe, which makes it an F3 to recklessly create a risk of catastrophe in the employment of fire, explosives or other dangerous means.
4
8
0
0
House | Bipartisan support
Senate | Bipartisan support

163-37-2

44-6-0

Amends Title 3 (Agriculture), providing for fireworks and making a related appeal. Adds Chapter 11 entitled Fireworks, including definitions, use of display fireworks, use of consumer fireworks, agricultural purposes, rules and regulations by a municipality, sales locations, fees, granting of licenses and inspections, refusal, suspension or revocation of license, conditions for facilities, attorney general, consumer fireworks tax, disposition of certain funds, penalties, and removal, storage, and destruction. Prohibits display fireworks from being ignited within 30 feet of a facility that meets the requirements of section 1107 (relating to sales locations). Provides for permits for displays of display fireworks within a municipality, limitations for display fireworks, insurance, and permit extension. Allows a person at least 18 years of age to purchase, possess and use consumer fireworks and prohibits the use of consumer fireworks on private or public property, directed at or directed from a vehicle or building, directed at another person, while the person is under the influence of alcohol, a controlled substance or drug, or within 150 feet of a building or vehicle. Provides for conditional use of consumer fireworks. Allows municipalities to grant permits for use of display fireworks for agricultural purposes, providing for the duration of the permit and conditions. Allows a municipality to provide rules and regulations relating to fireworks. Allows a municipality to enact restrictions on consumer fireworks from 10 p.m. and 10 a.m. except on July 2, 3, and 4 and December 31 when the consumer fireworks may be used until 1 a.m. the following day, the preceding and following Friday and Saturday until 1 a.m. when July 4 falls on a Tuesday, Wednesday, or Thursday. Prevents fireworks from being limited on Memorial Day and Labor Day, including preceding Saturday and Sunday. Requires consumer fireworks only be sold from facilities licensed by the Department of Agriculture (PDA) that meet certain criteria. Provides for an initial application fee of $2,500, annual licensing fee, granting of licenses, term of licenses, license renewal, and inspections. Allows PDA to refuse, suspend or revoke a license issued or renewed if the licensee is noncompliant. Directs PDA to provide opportunities for a hearing for a person appealing action of PDA relating to refusal, suspension or revocation of license. Provides for conditions of facilities, requiring them to be exclusively dedicated to the storage and sale of consumer fireworks and related items, as well as provides for rules relating to facilities. Requires entities performing, providing or supervising fireworks displays or exhibitions for profit to register annually with the Attorney General. Imposes a tax on each separate sale at retail of consumer fireworks to be paid to the Department of Revenue (DOR) and deposited into the General Fund. Imposes and collects at the rate of 12 percent of the purchase price per

3 Pa.C.S. Agriculture
7/11/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=2157
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=74

Act 75 of 2022:

  • Directs the Sentencing Commission to create a new sentencing enhancement when the complainant attempts or dies by suicide within 90 days of the commission of the offense "as a proximate result of the trauma that the complainant experienced during or following the commission of the offense."

This behavior is already criminalized under:

  • 18 § 2505. Causing or aiding suicide:
  • M2 if the person attempts suicide.
  • F2 if the person dies by suicide.
0
1
1
1
House | Bipartisan support
Senate | Bipartisan support

180-23-0

48-2-0

Amends Title 18 (Crimes and Offenses), in sexual offenses, further providing for the offense of sexual extortion; provides a sentence enhancement shall also consider if the complainant attempted suicide resulting in serious injury or death within 90 days of the sexual offense as a proximate result of the trauma the complainant experienced during or following the commission of the offense

18 Pa.C.S. Crimes & Offenses
7/11/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=2271
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=75

Act 83 of 2022:

  • Repeals the prior Fertilizer Act and replaces it with Chapter 68 of the Agricultural Code to add numerous new regulations and enforcement for manufacturers and consumers of fertilizer.


These are new, and very specific, regulatory crimes.

3
3
0
3
House | Bipartisan support
Senate | Bipartisan support

184-16-2

49-1-0

Amends Title 3 (Agriculture), repealing provisions related to fertilizer; providing for fertilizer, disposition of funds for soil and plant amendment, and disposition of funds for seed; establishing the Agronomic Regulatory Account within the General Fund; imposing duties on the Department of Agriculture (PDA); and making conforming amendments. Repeals Chapter 67 of Title 3. Adds Chapter 68, entitling it Fertilizer and providing for definitions, licensing, registration of specialty fertilizers, components of fertilizer labeled for turf, labels and labeling, inspection fees, tonnage reports, plant nutrient deficiency, commercial value, misbranding, adulteration, application of fertilizer, application of fertilizer to turf, prohibited acts, agricultural and homeowner education, publications, rules and regulations, short weight, refusal, suspension or revocation of registration or license, stop-sale orders, seizure and condemnation, unlawful conduct, inspection, sampling and analysis, interference with officer or employee of department, enforcement and penalties, appeal process, civil remedy, cooperation with other entities, exchanges between manufacturers, confidentiality, disposition of funds, exclusion of local laws and regulations, and definitions. Removes Subchapters C and D, as well as parts of Subchapters E, F, and G. Requires money from license fees, registration fees, inspection fees, fines, and penalties to be paid into the Agronomic Regulatory Account and appropriated to PDA. Additions to 3 Pa.C.S. 6805(A) (3) and (4), (g), (h), (i), (j), (k) and (1) shall take effect in 18 months with the remainder of the bill going into effect immediately.

3 Pa.C.S. Agriculture
7/11/2022
Portions effective in 18 months, remainder effective immediately
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=S&type=B&bn=0251
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=83

Act 88 of 2022:

  • Creates a new section of the Election Code that requires election-related expenses may only be funded by state, local, or other public revenue.
  • Prohibits state and local governments from soliciting or receiving grants or donations from any nonprofit or individual to help with voter registration or conducting an election.
  • Creates an M2 offense for any government employee who violates this section.

This behavior could already be covered under:

  • 25 § 1714 Crimes Code. The provisions of 18 Pa.C.S. §§ 4902 (relating to perjury), 4903 (relating to false swearing) and 4904 (relating to unsworn falsification to authorities) apply to violations of this part.
  • 25 § 1706. Duties under part. Any commissioner, registrar, clerk, inspector of registration, commission officer, commission assistant, commission employee, individual, partnership or corporation that intentionally delays, neglects or refuses to perform a duty imposed by this part commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not more than $5,000 or to imprisonment for not more than two years, or both.
1
1
0
0
House | Bipartisan support
Senate | Bipartisan support

103-96-03

46-4-0

Amends the Election Code, providing the cost and expense to state and local governments relating to voter registrations and the preparation of elections shall be funded by lawful appropriation of federal, state, and local governments and limited to money derived from taxes, fees, and other public revenue; governments and their representatives may not solicit, apply for, enter a contract for, or receive gifts, donations, grants, or funding from any nongovernmental entity or organization for voter registration or the facilitation of elections. Establishes the Election Integrity Grant Program within the Department of Humans Services (DHS) to provide grants to counties for the administration of elections. Provides definitions for account, department, and program. Provides money in the program account is appropriated to DHS continuously. DHS shall accept applications to the program by August 1, 2022, and each August 1 thereafter and counties shall apply no later than August 15 of each year. Provides each county is entitled to an allotment equal to the total appropriation multiplied by the quotient of the county's number of registered voters divided by the total number of registered voters in every county. Provides counties shall use the grant money to hire and train staff and election officials, ensure elections are secure, and fund any costs, materials, or staff. DHS shall make grant payments to counties no later than September 1 of this year and each year thereafter. No later than 90 days after each general, municipal, and primary election, counties awarded grant money shall submit a report to the respective leaders of the state government committees of the Senate and House of Representatives on how the grants were utilized. Provides counties that fail to substantially comply with the act shall return grant money to the account; outlines the grant agreement between DHS and counties. County board of elections shall conduct an internal review of practices and certify. Any person in violation of public funding of elections provisions shall be guilty of a misdemeanor of the second degree and upon conviction shall be fined an amount not to exceed $5,000 or undergo imprisonment of not more than two years, or both.

25 P.S. Elections & Electoral Districts
7/11/2022
Certain portions effective in 60 days, remainder effective immediately
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=S&type=B&bn=0982
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=88

Act 92 of 2022:

  • Creates a new offense that specifically targets people in urban municipalities—making it a crime only in cities to ride an off-road vehicle on the street, sidewalk, or bike land.
  • 1st conviction: A summary offense punishable by 10 days incarceration and a fine of not less than $50 and not more than $200.
  • 2nd and subsequent conviction: Summary offense punishable by 30 and not less than $100 and not more than $300.
  • Creates egregious forfeiture provisions: Any all-terrain vehicle operated in violation of this act is subject to civil asset forfeiture. A police officer may simply impound any dirt bike operated in violation of this law right at the time of the stop.
  • This is akin to taking every driver's car because they failed to stop at a red light or taking a lawfully purchased firearm because someone failed to comply with a storage regulation.

Act 92 criminalizes everyday behavior (riding a dirt-bike down the road) and allows police to seize a person's ATV at the time of the stop—no conviction is necessary for police to steal and keep a vehicle.

1
3
0
0
House | Bipartisan support
Senate | Bipartisan support

135-65-2

48-2-0

Amends Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles), in forfeiture of assets, further providing for asset forfeiture, miscellaneous provisions, off-road vehicles in urban municipalities, and definitions in snowmobiles and all-terrain vehicles. Applies the section on asset forfeiture to 75 Pa.C.S. 3721 (relating to off-road vehicles in urban municipalities). Amends Title 75 to prohibit individuals from operating all-terrain vehicles or dirt bikes in specific public areas within the boundaries of an urban municipality. Provides exceptions for the operation of a dirt bike while making a direct crossing of a highway in compliance with specific requirements. Establishes violations as a summary offense with fines of not less than $50 and no more than $200 and costs of prosecution and, in default of the payment of the fine or costs, be imprisoned for not more than 10 days and a fine of no less than $100 and no more than $300, costs of prosecution, and, in default of the payment of the fine or costs, be imprisoned for not more than 30 days. Provides for the prohibition of similar citations. Establishes that all-terrain vehicles or dirt bikes operated in violation are subject to forfeiture. Clarifies forfeiture may not occur unless the individual is convicted of a violation of subsection (a). Allows a police officer to impound an all-terrain vehicle or dirt bike pending final disposition of the case or court order. Clarifies nothing in this section shall be construed to allow the operation of an all-terrain vehicle or dirt bike outside of the boundaries of an urban municipality in a manner that is inconsistent with this title or other law of the commonwealth.

42 Pa.C.S. Judiciary
75 Pa.C.S. Vehicles
7/11/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=S&type=B&bn=1183
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=92

Act 95 of 2022:

  • Creates a new offense at 18 § 5104.2 Evading arrest or detention on foot that occurs if a person “knowingly and intentionally flees on foot from a public servant attempting to lawfully arrest or detain that person.” Gradation ranges from a summary offense to an F2 depending upon circumstances, but a run-of-the-mill case is graded as an M2 where the flight is from an underlying offense that constitutes a felony or misdemeanor and there is no death or serious bodily injury as a direct result thereof.
  • Creates a new offense at 18 § 5104.3 Harming a police animal while evading arrest or detention, which makes it an F2 if the animal dies or is seriously injured, otherwise it's an M2.

This behavior is already criminalized under:

  • 18 § 5104. Resisting arrest or other law enforcement. M2 if a person with the intent to prevent a public servant from effectuating a lawful arrest or discharging other duty creates a substantial risk of bodily injury to the public servant or anyone else.
  • 18 § 5121. Escape. If a person unlawfully removes himself from official detention. F3 if the underlying offense is a felony. Otherwise, it's an M2.
  • 18 § 5126. Flight to avoid apprehension, trial or punishment. F3 when a person who willfully conceals himself or moves or travels within or outside the Commonwealth with the intent to avoid apprehension when the crime he has been charged or convicted of is a felony. M2 if he has been charged or convicted of a misdemeanor.
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0
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House | Bipartisan support
Senate | Bipartisan support

127-73-2

35-15-0

Amends Title 18 (Crimes and Offenses), in obstructing governmental operations, providing for the offense of evading arrest or detention on foot and the offense of harming a police animal while evading arrest or detention. Establishes that a person commits an offense if the person knowingly and intentionally flees on foot from a public servant attempting to lawfully arrest or detain that person. Provides for grading, clarifying that it is a felony of the third degree if the person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers serious bodily injury as a direct result of a violation of this section, a felony of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers death as a direct result of a violation of this section, or a misdemeanor of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor. Establishes that a person commits an offense, if while engaging in an act prohibited under section 5104 (relating to resisting arrest or other law enforcement), 5104.1 (relating to disarming law enforcement officer), 5104.2 (relating to evading arrest or detention on foot), or 75 Pa.C.S. 3733 (relating to fleeing or attempting to elude police officer) the person harms a police animal as defined in section 5531 (relating to definitions). Grades the offense as a felony of the third degree if the police animal suffers death or serious bodily injury or a misdemeanor of the second degree if the police animal suffers bodily injury. Provides for restitution, requiring the defendant to make restitution to the agency or individual owning the animal for veterinary bills, replacement costs of the animal if it is disabled or killed, and salary of the animal's handler for the period of time the handler's services are lost to the agency.

18 Pa.C.S. Crimes & Offenses
7/18/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=S&type=B&bn=0814
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=95

Act 99 of 2022:

  • Creates two new felony suboffenses under 18 § 2702.1(2) Assault of law enforcement officer:
  • F3 if a person causes or attempts to cause a police officer to come in contact with bodily fluids, including for simply “expelling” saliva on an officer.
  • F2 if the person charged under this section has a communicable disease.

This behavior is already criminalized under:

  • 18 § 2702 Aggravated assault already carves out special protections for law enforcement officers, which automatically makes any assault against an officer an F1.
  • 18 § 2701 Simple assault (M2)
  • 18 § 2705 Recklessly endangering another person (M2)
  • 18 § 2709(a)(1) Harassment (M3)
2
2
0
2
House | Bipartisan support
Senate | Bipartisan support

164-35-2

43-6-1

Amends Title 18 (Crimes and Offenses), in assault, providing for assault of law enforcement officer, provides a person is guilty of a felony of the first degree if the person intentionally or knowingly causes or attempts to cause a law enforcement officer to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material. Provides it is a felony of the second degree if, at the time of the offense, the person knew, had reason to know, should have known or believed such fluid or material to have been obtained from an individual, including the person charged, infected by a communicable disease, including, but not limited to, human immunodeficiency virus (HIV) or hepatitis B, and otherwise, the offense constitutes a misdemeanor of the first degree. Provisions shall also apply to assaults from prisoners and life prisoners.

18 Pa.C.S. Crimes & Offenses
11/3/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=0103
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=99

Act 130 of 2022:

  • Creates a new offense and penalties under 75 § 3723. Theft of catalytic converter:
  • F3 if the value of the catalytic converter is $1,000 or more.
  • M1 if the value of the catalytic converter is between $200 or more but less than $1,000.
  • M2 if the value of the catalytic converter is between $50 and less than $200.
  • M3 if the value of the catalytic converter is less than $50; 

This behavior is already criminalized under:

  • Catalytic converter theft would be covered by a nearly identical offense under a different statutory title, 18 § 3934. Theft from a motor vehicle, which includes:
  • M1 if the amount involved was greater than $200.
  • M2 if the amount involved was $50 or more but less than $200.
  • M3 if the amount involved was less than $50.
  • F3 if the offense is a 3rd or subsequent offense within a five-year period, regardless of the amount involved and regardless of the grading of the prior offenses.
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8
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House | Bipartisan support
Senate | Bipartisan support

119-79-3

29-20-1

Amends Title 75 (Vehicles), in general provisions, further providing for definitions; in certificate of title and security interests, further providing for content and effect of certificate of title; in rules of the road in general, repealing provisions relating to platooning; in miscellaneous provisions, providing for theft of catalytic converter; in miscellaneous provisions relating to accidents and reports, further providing for accidents involving death or personal injury, for accidents involving damage to unattended vehicle or property and for immediate notice of accident to police department; in equipment standards, further providing for promulgation of vehicle equipment standards; in inspection of vehicles, further providing for requirement for periodic inspection of vehicles; in size, weight and loan, further providing for width of vehicles; in powers of department and local authorities, further providing for specific powers of department and local authorities; and, in highly automated vehicles, further providing for definitions, highly automated vehicles and Highly Automated Vehicle Advisory Committee, providing for certificate of complicate required, for powers of department, for self-certification application, for self-certification review, for operation requirements, for commercial operation, for preemption, for enforcement and penalties, for regulations and guidelines, for confidential records, for appeals and interstate agreements; and adding provisions relating to other automated vehicles. Provides for definitions. Adds a highly automated vehicle to 1106 on content and effect of certificate of title. Repeals Section 3317 of Title 75. Provides for theft of catalytic converter, including definition of offense and grading. Amends Sections 3742, 3743, 3744, 3745, 3746, 4103, 4702 and 4921 of Title 75 to add subsections relating to accidents for highly automated vehicles. Provides for the Highly Automated Vehicle Advisory Committee, including members, powers, special reports, and contents of special reports. Requires certificate of compliance for highly automated vehicles. Grants sole regulatory authority over the operation of highly automated vehicles on highways within the commonwealth to the Department of Transportation (PennDOT). Provides for specific powers and duties of PennDOT. Requires self-certification for a certification of compliance be submitted on a form and in a manner determined by PennDOT, providing for contents of the form. Allows PennDOT to review a self-certification form and reject the form. Provides for duty of certificate holders. Establishes operation requirements for certificate holders. Provides the subchapter preempts and supersedes all ordinances, policies and rules of a local authority relating to highly automated vehicles. Provides for enforcement of title, enforcement by PennDOT, and penalties. Allows PennDOT to promulgate regulations or publish guidelines consistent with Title 75 or federal law or regulat

75 Pa.C.S. Vehicles
11/3/2022
Effective immediately with exceptions
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=2398
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=130

Act 144 of 2022:

  • Expands the definition of offenses that require Sex Offender Registration and Notification Act (SORNA) registration under 42 § 9799.14 Sexual offenses and tier system by adding three human trafficking offenses to the list:
  • Trafficking in individuals added as a Tier I offense.
  • Patronizing a victim of sexual servitude added as Tier I offense.
  • Involuntary servitude as it relates to sexual servitude added as a Tier II offense.
  • These added offenses become subject to mandatory sentencing provisions under the Judicial Code as second or subsequent sex offenses. Mandatory sentences for sexual offenders are 25 years incarceration for a second offense and life imprisonment for a subsequent offense.

Legislators have repeatedly expanded the registry list, adding new offenses in:

  • 2012
  • 2014
  • 2018
  • 2020
0
0
0
2
House | Bipartisan support
Senate | Bipartisan support

184-16-1

47-2-0

Amends Title 42 (Judiciary and Judicial Procedure), in sentencing, further providing for sexual offenses and tier system. The bill establishes that the following offenses are classified as Tier I sexual offenses: relating to trafficking in individuals and relating to patronizing a victim of sexual servitude. The offense relating to involuntary servitude shall be classified as a Tier II sexual offense.

42 Pa.C.S. Judiciary
11/3/2022
Effective in 60 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=S&type=B&bn=0118
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=144

Act 165 of 2022:

  • Creates a new offense under 18 § 2719. Endangerment of public safety official, prohibiting the communication or publication of restricted personal information of a public official or their family or household member.
  • M1 if the person posted such information with intent or reckless disregard that someone else could use it to threaten or intimidate the public official.
  • F2 if the public official (or family/household member) is injured as a result of sharing that information.

This behavior is already criminalized under:

  • 18 § 2706. Terroristic threats, which covers any threat made to harm a public official.
  • 18 § 2709. Harassment.
  • 18 § 2709.1 Stalking, which covers anyone who engages in, or repeatedly commits, acts toward another person[... ]under circumstances which demonstrate an intent to place such other person in reasonable fear of bodily injury or cause substantial emotional distress.
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2
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House | Bipartisan support
Senate | Bipartisan support

158-39-4

47-2-1

Amends Title 18 (Crimes and Offenses), in assault, providing for the offense of endangerment of public safety official. Provides that a person who commits the offense of endangering a public safety official if the person intentionally or knowingly communicates, or publishes through an electronic social media service, the restricted personal information of a public safety official or a family or household member of a public safety official with specified intent. Grades the offense as a misdemeanor of the first degree. Clarifies an offense resulting in bodily injury to a public safety official or a family or household member of a public safety official shall constitute a felony of the second degree. Provides for definitions.

18 Pa.C.S. Crimes & Offenses
11/17/2022
Effective in 90 days
https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2021&sind=0&body=H&type=B&bn=1546
https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2022&sessInd=0&smthLwInd=0&act=165
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