SENATE APPROPRIATIONS COMMITTEE FISCAL NOTE BILL NO. Senate Bill 96 PRINTER NO. 51 AMOUNT FUND See Fiscal Impact General Fund Judicial Computer System Augmentation Account Political Subdivision Funds DATE INTRODUCED PRIME SPONSOR January 22, 2025 Senator Brooks DESCRIPTION Senate Bill 96 amends Title 18 (Crimes and Offenses) to increase the grading of the offense of terroristic threats. Section 2706 (relating to terroristic threats) of Title 18 is amended by increasing the grading of the offense from a misdemeanor of the first degree to a felony of the third degree when the threat relates to a school entity or institution of higher education. Additionally, the legislation provides for reimbursement to affected entities for costs of an evacuation or other response resulting from the threat. These costs would include, but not limited to, the following: • Costs of supplies, equipment, or materials used to respond to the threat; • Costs of prepared and unprepared food that went unused as the result of an evacuation or diversion from normal operations of a school entity or institution of higher education; • The salary or other wages, including overtime pay, of employees of police, fire company, EMS, school district, or other governmental entities for time spent responding to the threat; and • The salary or other wages, including overtime pay, of any teacher, administrator, aide, or other employee of a school entity or institution of higher education who was paid despite the diversion from normal or customary operations. “Institution of higher education” is defined as 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; SENATE APPROPRIATIONS COMMITTEE FISCAL NOTE 7) Any other institution that is designated as "State -related" by the Commonwealth; 8) An accredited private or independent college or university; and 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" is defined as 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. This act shall take effect in 60 days. FISCAL IMPACT: A person convicted of a misdemeanor of the first degree may be sentenced to imprisonment for a term of not more than five years and/or be required to pay a fine not exceeding $10,000. A person convicted of a felony of the third degree may be sentenced to imprisonment for a term of not more than seven years and/or be required to pay a fine not exceeding $15,000. Using the Department of Corrections’ minimum marginal cost of $ 46.58 per inmate/per day for less than 300 inmates, the Commonwealth would incur additional annual costs of approximately $17,002 for each inmate, or $85,010 for every five defendants sentenced to a State Correctional Institution. Senate Bill 96 provides for reimbursement to affected entities for costs associated with an evacuation or other response resulting from the threat. It is anticipated that compensation to affected entities will offset any additional costs associated with incarcerating individuals convicted of this offense. Additional revenue to be deposited into the Judicial Computer System Augmentation Account will be dependent upon the number of fines collected by the courts.