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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6911. Unlawful change of consumer electric or natural gas
supplier.
(a) Offense.--A person commits an offense if the person
knowingly changes a consumer's electric or natural gas supplier
without the consumer's consent as required under 66 Pa.C.S. §§
2206(b) (relating to c onsumer protections and customer service )
or 2807(d)(1) (relating d uties of electric distribution
companies ).
(b) Grading.--
(1) Except as provided in paragraphs (2) and (3), an
offense under subsection (a) shall be graded as follows:
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(i) A first offense shall be a misdemeanor of the
first degree.
(ii) A second or subsequent offense shall be a
felony of the third degree.
(2) When a person commits an offense under subsection
(a) and there are multiple victims, the grading shall be one
grade higher than specified in paragraph (1).
(3) When a person commits an offense under subsection
(a) and the victim of the offense is 60 years of age or older
or a care-dependent person as defined in section 2713
(relating to neglect of care-dependent person), the grading
of the offense shall be one grade higher than specified in
paragraph (1).
(c) Concurrent Jurisdiction.--
(1) A district attorney for the county where either the
victim resides or where the person initiated the contact
shall have the authority to investigate and to institute
criminal proceedings for a violation of this section.
(2) In addition to the authority conferred upon the
Attorney General by the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the
Attorney General shall have the authority to investigate and
to institute criminal proceedings for a violation of this
section or a series of violations of this section involving
more than one county of this Commonwealth or involving a
county of this Commonwealth and another state. No person
charged with a violation of this section by the Attorney
General shall have standing to challenge the authority of the
Attorney General to investigate or prosecute the case, and,
if any such challenge is made, the challenge shall be
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dismissed, and no relief shall be available in the courts of
this Commonwealth to the person making the challenge.
(3) An administrative proceeding held before the
Pennsylvania Public Utility Commission or other agency shall
not preclude prosecution under this section.
(d) Definitions.--As used in this section, "person" includes
an electric or natural gas distribution company, electricity or
natural gas supplier, marketer, aggregator, broker as defined in
66 Pa.C.S. §§ 2202 (relating to definitions) and 2803 (relating
to definitions), including any of their agents or employees.
Section 2. This act shall take effect in 60 days.
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