Session: 2023-2024
ACLU-PA Position: Opposes
HB 1700 (PN 2231) would amend 18 Pa.C.S. § 2719 (endangering a public official) to make this offense applicable to federal judicial officers. But federal judicial officers, as defined under HB 1700, are already protected under several offenses in the U.S. Code. Furthermore, under the dual sovereignty doctrine, HB 1700 would enable prosecution of the same conduct under both state and federal law.
Notably, the offense HB 1700 amends (18 § 2719) was created just last session with the enactment of HB 1546 (2021-2022). The ACLU-PA strenuously opposed HB 1546 as a dangerously broad and sweeping bill that risks criminalizing First Amendment protected speech by individuals, journalists, and 501c4 organizations (among others) and would hold people criminally liable for perceived future harm committed by someone else. As such, HB 1700 is not only duplicative and unnecessary, it would expand the reach of the questionably constitutional offense it amends.
There is no question that judges at every level are experiencing increased threats and dangers to their lives. But HB 1700 will do nothing to protect judges and their family members from those threats. Both state and federal law refer to these offenses as “protections,” when, in fact, they only offer punishment imposed after a public official has been threatened or injured. If federal judges believe that the current penalties against their alleged assailants are too low, those changes should be made through federal congressional legislation.
Duplicating protections for federal judges under state law will only lead to excessive punishment and even more unnecessary and duplicative laws.
Governor Shapiro signed HB 1700 into law on October 16, 2024 as Act 98 of 2024.
