HB 1079 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in public utilities, providing for unlawful change of consumer electric or natural gas supplier.

PRINTER'S NO.    1197

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 1079
                                                 Session of
                                                   2025

     INTRODUCED BY SCHLEGEL, DIAMOND, KUZMA, COOK, JAMES AND
        ZIMMERMAN, APRIL 1, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, APRIL 1, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in public utilities, providing for
 3      unlawful change of consumer electric or natural gas supplier.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Title 18 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 6911.    Unlawful change of consumer electric or natural gas
 9                   supplier.
10      (a)    Offense.--A person commits an offense if the person
11   knowingly changes a consumer's electric or natural gas supplier
12   without the consumer's consent as required under 66 Pa.C.S. §§
13   2206(b) (relating to consumer protections and customer service)
14   or 2807(d)(1) (relating duties of electric distribution
15   companies).
16      (b)    Grading.--
17             (1)   Except as provided in paragraphs (2) and (3), an
18      offense under subsection (a) shall be graded as follows:
 1                (i)    A first offense shall be a misdemeanor of the
 2                      first degree.
 3                (ii)    A second or subsequent offense shall be a
 4                      felony of the third degree.
 5          (2)    When a person commits an offense under subsection
 6    (a) and there are multiple victims, the grading shall be one
 7    grade higher than specified in paragraph (1).
 8          (3)    When a person commits an offense under subsection
 9    (a) and the victim of the offense is 60 years of age or older
10    or a care-dependent person as defined in section 2713
11    (relating to neglect of care-dependent person), the grading
12    of the offense shall be one grade higher than specified in
13    paragraph (1).
14    (c)   Concurrent Jurisdiction.--
15          (1)    A district attorney for the county where either the
16    victim resides or where the person initiated the contact
17    shall have the authority to investigate and to institute
18    criminal proceedings for a violation of this section.
19          (2)    In addition to the authority conferred upon the
20    Attorney General by the act of October 15, 1980 (P.L.950,
21    No.164), known as the Commonwealth Attorneys Act, the
22    Attorney General shall have the authority to investigate and
23    to institute criminal proceedings for a violation of this
24    section or a series of violations of this section involving
25    more than one county of this Commonwealth or involving a
26    county of this Commonwealth and another state. No person
27    charged with a violation of this section by the Attorney
28    General shall have standing to challenge the authority of the
29    Attorney General to investigate or prosecute the case, and,
30    if any such challenge is made, the challenge shall be

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 1      dismissed, and no relief shall be available in the courts of
 2      this Commonwealth to the person making the challenge.
 3            (3)   An administrative proceeding held before the
 4      Pennsylvania Public Utility Commission or other agency shall
 5      not preclude prosecution under this section.
 6      (d)   Definitions.--As used in this section, "person" includes
 7   an electric or natural gas distribution company, electricity or
 8   natural gas supplier, marketer, aggregator, broker as defined in
 9   66 Pa.C.S. §§ 2202 (relating to definitions) and 2803 (relating
10   to definitions), including any of their agents or employees.
11      Section 2.    This act shall take effect in 60 days.




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