HB 2437 — An Act amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of stalking; in wiretapping and electronic surveillance, further providing for definitions; in child custody, further providing for consideration of criminal conviction; in domestic and sexual violence victim address confidentiality, further providing for penalties; and, in sentencing, further providing for sentences for second and subsequent offenses.

PRIOR PRINTER'S NO.

3575 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

41972437 THE2018 GENERALINTRODUCED ASSEMBLYBY OFCORBIN, PENNSYLVANIAREADSHAW, HOUSEBERNSTINE, BILLCORR, SessionSCHLEGEL YOUNGBLOOD, GILLESPIE, McCLINTON, DALEY, PICKETT, HILL-EVANS, ROE, HEFFLEY AND SCHWEYER, MAY 24, 2018 REFERRED TO COMMITTEE ON JUDICIARY, MAY 24, 2018 AN ACT Amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of No.the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of stalking;

2437 2018 INTRODUCED BY CORBIN, READSHAW, BERNSTINE, CORR, SCHLEGEL YOUNGBLOOD, GILLESPIE, McCLINTON, DALEY, PICKETT, HILL-EVANS, ROE, HEFFLEY, SCHWEYER, OBERLANDER, GILLEN, DRISCOLL, KORTZ AND DAVIS, MAY 24, 2018 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 9, 2018 AN ACT Amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of stalking;

CRIMINALin CONVICTION;domestic and sexual violence victim address confidentiality, further providing for penalties;

and, in domesticsubsequent offenses.providing for sentences for second and sexualThe violenceGeneral victimAssembly <--of addressthe confidentiality,Commonwealth furtherof providingPennsylvania forhereby penalties;enacts as follows:

and, in sentencing, further providing for sentences for second and subsequent offenses.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

(ii) Voluntary manslaughter as defined in section 2503 (relating to voluntary manslaughter), drug delivery resulting in death as defined in section 2506(a) (relating to drug delivery resulting in death), aggravated assault as defined in section 2702(a)(1) or (2) (relating to aggravated assault), 2718 (relating to strangulation), kidnapping as defined in section 2901(a) 20180HB2437PN4197 - 2 - or (a.1) (relating to kidnapping), rape as defined in 20180HB2437PN3575 - 2 - section 3121(a), (c) or (d) (relating to rape), involuntary deviate sexual intercourse as defined in section 3123(a), (b) or (c) (relating to involuntary deviate sexual intercourse), sexual assault as defined in section 3124.1 (relating to sexual assault), aggravated indecent assault as defined in section 3125(a) or (b) (relating to aggravated indecent assault), incest as defined in section 4302(a) or (b) (relating to incest), arson as defined in section 3301(a) (relating to arson and related offenses), burglary as defined in section 3502(a)(1) (relating to burglary), robbery as defined in section 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or robbery of a motor vehicle as defined in section 3702(a) (relating to robbery of [a] motor vehicle).

(2) Any offense equivalent to an offense under paragraph (1) under the laws of this Commonwealth in effect at the time 20180HB2437PN4197 - 3 - of the commission of that offense or under the laws of 20180HB2437PN3575 - 3 - another jurisdiction.

* * * SECTIONSection 3.

SECTIONSection 5329(A)6711(b)(2) OFof TITLETitle 23,23 AMENDEDis MAYamended 4,to 2018read: <-- (P.L.112, NO.21), IS AMENDED TO READ:

§ 5329.

CONSIDERATION OF CRIMINAL CONVICTION.

(A) OFFENSES.--WHERE A PARTY SEEKS ANY FORM OF CUSTODY, THE COURT SHALL CONSIDER WHETHER THAT PARTY OR MEMBER OF THAT PARTY'S HOUSEHOLD HAS BEEN CONVICTED OF OR HAS PLEADED GUILTY OR NO CONTEST TO ANY OF THE OFFENSES IN THIS SECTION OR AN OFFENSE IN ANOTHER JURISDICTION SUBSTANTIALLY EQUIVALENT TO ANY OF THE OFFENSES IN THIS SECTION.

THE COURT SHALL CONSIDER SUCH CONDUCT AND DETERMINE THAT THE PARTY DOES NOT POSE A THREAT OF HARM TO THE CHILD BEFORE MAKING ANY ORDER OF CUSTODY TO THAT PARTY WHEN CONSIDERING THE FOLLOWING OFFENSES:

18 PA.C.S.

CH.

25 (RELATING TO CRIMINAL HOMICIDE).

18 PA.C.S.

§ 2702 (RELATING TO AGGRAVATED ASSAULT).

18 PA.C.S.

§ 2706 (RELATING TO TERRORISTIC THREATS).

18 PA.C.S.

§ 2709.1 (RELATING TO STALKING).

18 PA.C.S.

§ 2718 (RELATING TO STRANGULATION).

18 PA.C.S.

§ 2901 (RELATING TO KIDNAPPING).

18 PA.C.S.

§ 2902 (RELATING TO UNLAWFUL RESTRAINT).

18 PA.C.S.

§ 2903 (RELATING TO FALSE IMPRISONMENT).

18 PA.C.S.

§ 2910 (RELATING TO LURING A CHILD INTO A MOTOR VEHICLE OR STRUCTURE).

18 PA.C.S.

§ 3121 (RELATING TO RAPE).

18 PA.C.S.

§ 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).

18 PA.C.S.