PRINTER'S NO. 51 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.96 Session of 2025 INTRODUCED BY BROOKS, LANGERHOLC, FONTANA, ROTHMAN, SCHWANK AND STEFANO, JANUARY 22, 2025 REFERRED TO JUDICIARY, JANUARY 22, 2025 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 person convicted 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. ] Costs of responding to threat.--A person convicted of or adjudicated delinquent for violating this section shall 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 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 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 entity or institution of higher education or other governmental entity for the time spent responding to the threat. (4) The salary or other wages, including overtime pay, 20250SB0096PN0051 - 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 of any teacher, administrator, aide or other employee of a school entity or institution of higher education who was paid despite the diversion of normal or customary operations of the 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 entity or institution of higher education. (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. ] 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 20250SB0096PN0051 - 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 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) An accredited private or independent college or university. (9) A 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 within this Commonwealth. Section 2. This act shall take effect in 60 days. 20250SB0096PN0051 - 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