HB 1477 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of stalking.

PRINTER'S NO.   2268

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1477
                                                 Session of
                                                   2025

     INTRODUCED BY TOMLINSON, LABS, MARCELL, MAJOR, MIHALEK,
        ARMANINI, STAATS AND GILLEN, SEPTEMBER 5, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 9, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in assault, further providing for the
 3      offense of stalking.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Section 2709.1(c)(2) of Title 18 of the
 7   Pennsylvania Consolidated Statutes is amended and the section is
 8   amended by adding a subsection to read:
 9   § 2709.1.      Stalking.
10      * * *
11      (c)   Grading.--
12            * * *
13            (2)    A second or subsequent offense under this section or
14      a first offense under subsection (a) if the person has been
15      previously convicted of a crime of violence involving the
16      same victim, family or household member, including, but not
17      limited to, a violation of section 2701 (relating to simple
18      assault), 2702 (relating to aggravated assault), 2705
 1    (relating to recklessly endangering another person), 2718
 2    (relating to strangulation), 2901 (relating to kidnapping),
 3    3121 (relating to rape) or 3123 (relating to involuntary
 4    deviate sexual intercourse), an order issued under section
 5    4954 (relating to protective orders) or an order issued under
 6    23 Pa.C.S. § 6108 (relating to relief) shall constitute a
 7    felony of the [third] second degree.
 8    (c.1)   Sentencing.--
 9        (1)   A person convicted of a second or subsequent offense
10    under this section shall be sentenced to a minimum sentence
11    of at least five years of total confinement.
12        (2)   Notwithstanding section 1103 (relating to sentence
13    of imprisonment for felony), an offender sentenced to a
14    mandatory minimum sentence under this section shall be
15    sentenced to a maximum sentence equal to twice the mandatory
16    minimum sentence.
17        (3)   The following apply to proof at sentencing:
18              (i)     Provisions of this section shall not be an
19        element of the crime.
20              (ii)    Notice to the defendant of the provisions of
21        this section shall not be required prior to conviction.
22              (iii)    Reasonable notice of the Commonwealth's
23        intention to proceed under this section shall be provided
24        after conviction and before sentencing.
25              (iv)    The applicability of this section shall be
26        determined at sentencing.
27              (v)    The sentencing court, prior to imposing sentence
28        on an offender under paragraph (1), shall have a complete
29        record of the previous convictions of the offender,
30        copies of which shall be furnished to the offender. The

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 1        following apply:
 2                     (A)   If the offender or the attorney for the
 3              Commonwealth contests the accuracy of the record, the
 4              court shall schedule a hearing and direct the
 5              offender and the attorney for the Commonwealth to
 6              submit evidence regarding the previous convictions of
 7              the offender.
 8                     (B)   The court shall then determine, by a
 9              preponderance of the evidence, the previous
10              convictions of the offender and, if this section is
11              applicable, shall impose sentence in accordance with
12              this section.
13                     (C)   If a previous conviction is vacated and an
14              acquittal or final discharge is entered subsequent to
15              imposition of sentence under this section, the
16              offender shall have the right to petition the
17              sentencing court for reconsideration of sentence if
18              this section would not have been applicable except
19              for the conviction which was vacated.
20        (4)   With respect to an offender to which this section is
21    applicable, a sentencing court may not:
22              (i)    Impose on the offender a lesser sentence than is
23        provided under paragraphs (1) and (2).
24              (ii)    Place the offender on probation or suspend the
25        sentence of the offender.
26        (5)   Nothing in this section shall prevent a sentencing
27    court from imposing a sentence greater than that provided in
28    this section.
29        (6)   Sentencing guidelines promulgated by the
30    Pennsylvania Commission on Sentencing shall not supersede the

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 1    mandatory sentences provided in this section.
 2        (7)   If a sentencing court refuses to apply this section
 3    as applicable, the Commonwealth shall have the right to
 4    appellate review of the action of the sentencing court. The
 5    appellate court shall vacate the sentence and remand the case
 6    to the sentencing court for the imposition of a sentence in
 7    accordance with this section if the appellate court finds
 8    that the sentence was imposed in violation of this section.
 9    * * *
10    Section 2.    This act shall take effect in 60 days.




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