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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY D. COSTA, MATZIE, DeLUCA, DEASY, BAKER, BARBIN, BARRAR, BELFANTI, BEYER, BOBACK, BRENNAN, CASORIO, DONATUCCI, FRANKEL, GEIST, GRUCELA, HARHAI, HARRIS, HORNAMAN, W. KELLER, KORTZ, KOTIK, LONGIETTI, MAHONEY, MANN, McILVAINE SMITH, MENSCH, METZGAR, MILLARD, MILLER, MOUL, MURT, MUSTIO, PALLONE, PAYNE, PETRI, READSHAW, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, SOLOBAY, SWANGER, VULAKOVICH, WAGNER, WALKO AND YOUNGBLOOD, MARCH 23, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 23, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for fines, for |
3 | weapons or implements for escape and for contraband; and |
4 | making a conforming amendment. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Sections 1101, 5122 and 5123 of Title 18 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 1101. Fines. |
10 | A person who has been convicted of an offense may be |
11 | sentenced to pay a fine not exceeding: |
12 | (1) [$50,000] $100,000, when the conviction is of murder |
13 | or attempted murder. |
14 | (2) [$25,000] $50,000, when the conviction is of a |
15 | felony of the first or second degree. |
16 | (3) [$15,000] $30,000, when the conviction is of a |
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1 | felony of the third degree. |
2 | (4) [$10,000] $20,000, when the conviction is of a |
3 | misdemeanor of the first degree. |
4 | (5) [$5,000] $10,000, when the conviction is of a |
5 | misdemeanor of the second degree. |
6 | (6) [$2,500] $5,000, when the conviction is of a |
7 | misdemeanor of the third degree. |
8 | (7) [$300] $600, when the conviction is of a summary |
9 | offense for which no higher fine is established. |
10 | (8) Any higher amount equal to double the pecuniary gain |
11 | derived from the offense by the offender. |
12 | (9) Any higher or lower amount specifically authorized |
13 | by statute. |
14 | § 5122. Weapons [or implements for escape], implements of |
15 | escape or dangerous material. |
16 | (a) Offenses defined.-- |
17 | (1) [A person commits a misdemeanor of the first] An |
18 | individual commits a felony of the second degree if he |
19 | [unlawfully introduces within a detention facility, |
20 | correctional institution or mental hospital, or unlawfully |
21 | provides an inmate thereof with any weapon, tool, implement, |
22 | or other thing] delivers to a confined person a weapon, |
23 | implement of escape, dangerous material or other item which |
24 | may be used for escape. |
25 | (2) [An inmate] A confined person commits a [misdemeanor |
26 | of the first] felony of the second degree if he [unlawfully |
27 | procures, makes or otherwise provides himself with, or |
28 | unlawfully has in his possession or under his control, any |
29 | weapon, tool, implement or other thing] possesses a weapon, |
30 | implement of escape, dangerous material or other item which |
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1 | may be used for escape. |
2 | (b) [Definitions.-- |
3 | (1) As used in this section, the word "unlawfully" means |
4 | surreptitiously or contrary to law, regulation or order of |
5 | the detaining authority. |
6 | (2) As used in this section, the word "weapon" means any |
7 | implement readily capable of lethal use and shall include any |
8 | firearm, ammunition, knife, dagger, razor, other cutting or |
9 | stabbing implement or club, including any item which has been |
10 | modified or adopted so that it can be used as a firearm, |
11 | ammunition, knife, dagger, razor, other cutting or stabbing |
12 | implement, or club. The word "firearm" includes an unloaded |
13 | firearm and the unassembled components of a firearm.] |
14 | Definitions.--As used in this section, the following words and |
15 | phrases shall have the meanings given to them in this |
16 | subsection: |
17 | "Confined person." An individual committed under a court |
18 | order to a facility, regardless of whether the individual is |
19 | temporarily absent from the facility due to medical treatment, |
20 | transportation, court appearance or other reason for a temporary |
21 | absence. |
22 | "Dangerous material." Any incendiary material or device, |
23 | highly flammable or caustic liquid, explosive, bullet or other |
24 | material readily capable of causing death or serious bodily |
25 | injury. |
26 | "Delivers." The transfer of a weapon, implement of escape or |
27 | dangerous material to a confined person in a facility. The term |
28 | includes taking or introducing a weapon, implement of escape or |
29 | dangerous material into a facility, on land granted to, owned by |
30 | or leased by the Commonwealth or a political subdivision, that |
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1 | is related to the confinement of persons. The term also includes |
2 | putting a weapon, implement of escape or dangerous material in a |
3 | place where it may be obtained by a confined person. |
4 | "Facility." Correctional institution, mental hospital, youth |
5 | development center, youth forestry camp or other facility for |
6 | the detention or incarceration of individuals under court order, |
7 | building appurtenant thereto or any other place where a confined |
8 | person is located. |
9 | "Implement of escape." A tool, implement, device, equipment |
10 | or other item that can facilitate, aid or conceal an escape or |
11 | attempted escape by a confined person. |
12 | "Weapon." An implement readily capable of lethal use, |
13 | including any firearm, knife, dagger, razor, other cutting or |
14 | stabbing implement or club. The term includes any item which has |
15 | been modified or adapted so that it can be used as a firearm, |
16 | knife, dagger, razor, other cutting or stabbing implement or |
17 | club. For purposes of this definition, the term "firearm" |
18 | includes an unloaded firearm or the unassembled components of a |
19 | firearm. |
20 | § 5123. Contraband. |
21 | (a) [Controlled] Delivery of controlled substance contraband |
22 | to confined persons prohibited.--[A person] An individual |
23 | commits a felony of the second degree if he [sells, gives, |
24 | transmits or furnishes to any convict in a prison, or inmate in |
25 | a mental hospital, or gives away in or brings into any prison, |
26 | mental hospital, or any building appurtenant thereto, or on the |
27 | land granted to or owned or leased by the Commonwealth or county |
28 | for the use and benefit of the prisoners or inmates, or puts in |
29 | any place where it may be secured by a convict of a prison, |
30 | inmate of a mental hospital, or employee thereof, any] delivers |
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1 | a controlled substance included in Schedules I through V of the |
2 | act of April 14, 1972 (P.L.233, No.64), known as The Controlled |
3 | Substance, Drug, Device and Cosmetic Act, to a confined person |
4 | or employee of a facility (except the ordinary hospital supply |
5 | of the [prison or mental hospital] facility) without a written |
6 | permit signed by the physician of [such institution] the |
7 | facility, specifying the quantity and quality of the substance |
8 | which may be furnished to [any convict, inmate, or employee in |
9 | the prison or mental hospital,] the confined person, the name of |
10 | the [prisoner, inmate, or employee for whom,] confined person |
11 | and the time when the same may be furnished[, which permit shall |
12 | be delivered to and kept by the warden or superintendent of the |
13 | prison or mental hospital]. |
14 | (a.1) Mandatory minimum penalty.--[Any person] |
15 | (1) An individual convicted of a violation of subsection |
16 | (a) shall be sentenced to a minimum sentence of at least two |
17 | years of total confinement, notwithstanding any other |
18 | provision of this title or any other statute to the contrary. |
19 | Nothing in this subsection shall prevent the sentencing court |
20 | from imposing a sentence greater than that provided in this |
21 | subsection, up to the maximum penalty prescribed by this |
22 | title for a felony of the second degree. There shall be no |
23 | authority in any court to impose on an offender to which this |
24 | subsection is applicable any lesser sentence than provided |
25 | for in subsection (a) or to place such offender on probation |
26 | or to suspend sentence. Sentencing guidelines promulgated by |
27 | the Pennsylvania Commission on Sentencing shall not supersede |
28 | the mandatory sentences provided in this subsection. If a |
29 | sentencing court refuses to apply this subsection where |
30 | applicable, the Commonwealth shall have the right to |
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1 | appellate review of the action of the sentencing court. The |
2 | appellate court shall vacate the sentence and remand the case |
3 | to the sentencing court for imposition of a sentence in |
4 | accordance with this subsection if it finds that the sentence |
5 | was imposed in violation of this subsection. |
6 | (2) Nothing in this subsection shall be construed to |
7 | preclude prosecution for a more serious violation of The |
8 | Controlled Substance, Drug, Device and Cosmetic Act. |
9 | (a.2) Possession of controlled substance contraband by |
10 | [inmate] confined persons prohibited.--[A prisoner or inmate] A |
11 | confined person commits a felony of the second degree if he |
12 | unlawfully has in his possession or under his control any |
13 | controlled substance in violation of section 13(a)(16) of The |
14 | Controlled Substance, Drug, Device and Cosmetic Act. For |
15 | purposes of this subsection, no amount shall be deemed de |
16 | minimis. |
17 | (b) [Money] Delivery of money to inmates prohibited.--[A |
18 | person] An individual commits a misdemeanor of the [third] first |
19 | degree if he [gives or furnishes money to any inmate confined in |
20 | a State or county] delivers money to an inmate committed to a |
21 | correctional institution as defined in section 501 (relating to |
22 | definitions), provided notice of this prohibition is adequately |
23 | posted at the institution. [A person] An individual may, |
24 | however, deposit money with the superintendent, warden[,] or |
25 | other authorized individual in charge of a [State or county] |
26 | correctional institution for the benefit and use of an inmate |
27 | confined therein, which shall be credited to the inmate's |
28 | account and expended in accordance with the rules and |
29 | regulations of the institution. The person making the deposit |
30 | shall be provided with a written receipt for the amount |
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1 | deposited. |
2 | (c) [Contraband other than controlled substance.--A person] |
3 | Delivery of other contraband to confined persons prohibited.--An |
4 | individual commits a misdemeanor of the first degree if he |
5 | [sells, gives or furnishes to any convict in a prison, or inmate |
6 | in a mental hospital, or gives away in or brings into any |
7 | prison, mental hospital, or any building appurtenant thereto, or |
8 | on the land granted to or owned or leased by the Commonwealth or |
9 | county for the use and benefit of the prisoners or inmates, or |
10 | puts in any place where it may be secured by a convict of a |
11 | prison, inmate of a mental hospital, or employee thereof,] |
12 | delivers to a confined person: |
13 | (1) any kind of spirituous or fermented liquor, poison |
14 | or medicine [or poison] (except the ordinary hospital supply |
15 | of the [prison or mental hospital] facility) without a |
16 | written permit signed by the physician of [such institution] |
17 | the facility, specifying the quantity and quality of the |
18 | substance which may be furnished to [any convict, inmate or |
19 | employee in the prison or mental hospital, the name of the |
20 | prisoner, inmate or employee for whom,] the confined person, |
21 | the name of the confined person and the time when the same |
22 | may be furnished[, which permit shall be delivered to and |
23 | kept by the warden or superintendent of the prison or mental |
24 | hospital.]; |
25 | (2) an unauthorized item that is readily capable of |
26 | concealing an item prohibited under section 5122 (relating to |
27 | weapons, implements of escape or dangerous material) or this |
28 | section; or |
29 | (3) any item designated as a prohibited item by the |
30 | Secretary of Corrections or the superintendent, warden or |
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1 | otherwise authorized individual in charge of a correctional |
2 | institution, prison, jail, detention facility or mental |
3 | hospital. |
4 | (c.1) [Telecommunication] Delivery of telecommunications |
5 | devices to [inmates] confined persons prohibited.--A person |
6 | commits a misdemeanor of the first degree if, without the |
7 | written permission of superintendent, warden or otherwise |
8 | authorized individual in charge of a [correctional institution, |
9 | prison, jail, detention facility or mental hospital, he sells, |
10 | gives or furnishes] facility, he delivers to any [inmate] |
11 | confined person in a [correctional institution, prison, jail, |
12 | detention facility or mental hospital, or any building |
13 | appurtenant thereto] facility, or puts in any place where it may |
14 | be obtained by [an inmate] a confined person [of a correctional |
15 | institution, prison, jail, detention facility or mental |
16 | hospital], any telecommunication device. |
17 | (c.2) Possession of telecommunication devices by [inmates] |
18 | confined persons prohibited.--[An inmate] A confined person in a |
19 | [correctional institution, prison, jail, detention facility or |
20 | mental hospital, or any building appurtenant thereto,] facility, |
21 | commits a misdemeanor of the first degree if he has in his |
22 | possession any telecommunication device without the written |
23 | permission of the superintendent, warden or otherwise authorized |
24 | individual in charge of [a correctional institution, prison, |
25 | jail, detention facility or mental hospital] the facility. |
26 | (c.3) Possession of money or other contraband by a confined |
27 | person.--A confined person commits a misdemeanor of the first |
28 | degree if he possesses anything the delivery of which is |
29 | prohibited under subsection (b) or (c). |
30 | (c.4) Applicability.--The provisions of subsections (c.1) |
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1 | and (c.2) shall not apply to civil units of mental hospitals. |
2 | (d) Drug-sniffing animals.--Any jail or prison may use dogs |
3 | or other animals trained to sniff [controlled substances or |
4 | other contraband] anything the delivery of which is prohibited |
5 | under this section for such purposes in or on any part of the |
6 | jail or prison at any time. |
7 | (e) Definitions.--As used in this section, the following |
8 | words and phrases shall have the meanings given to them in this |
9 | subsection: |
10 | "Confined person." An individual committed under to a court |
11 | order to a facility, regardless of whether the individual is |
12 | temporarily absent due to medical treatment, transportation, |
13 | court appearance or other reason for a temporary absence. |
14 | "Delivers." Sells, gives, transmits, furnishes or otherwise |
15 | transfers anything prohibited under this section to a confined |
16 | person in a facility. |
17 | "Facility." Correctional institution, mental hospital, youth |
18 | development center, youth forestry camp or other facility for |
19 | the detention or incarceration of individuals under court order, |
20 | building appurtenant thereto or any other place where a confined |
21 | person is located. |
22 | ["Inmate." A male or female offender who is committed to, |
23 | under sentence to or confined in a penal or correctional |
24 | institution.] |
25 | "Telecommunication device." Any type of instrument, device, |
26 | machine or equipment which is capable of transmitting |
27 | telephonic, electronic, digital, cellular or radio |
28 | communications or any part of such instrument, device, machine |
29 | or equipment which is capable of facilitating the transmission |
30 | of telephonic, electronic, digital, cellular or radio |
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1 | communications. The term shall include, but not be limited to, |
2 | cellular phones, digital phones and modem equipment devices. |
3 | Section 2. Section 6105(b) of Title 18, amended October 17, |
4 | 2008 (P.L.1628, No.131), is amended to read: |
5 | § 6105. Persons not to possess, use, manufacture, control, sell |
6 | or transfer firearms. |
7 | * * * |
8 | (b) Enumerated offenses.--The following offenses shall apply |
9 | to subsection (a): |
10 | Section 908 (relating to prohibited offensive weapons). |
11 | Section 911 (relating to corrupt organizations). |
12 | Section 912 (relating to possession of weapon on school |
13 | property). |
14 | Section 2502 (relating to murder). |
15 | Section 2503 (relating to voluntary manslaughter). |
16 | Section 2504 (relating to involuntary manslaughter) if |
17 | the offense is based on the reckless use of a firearm. |
18 | Section 2702 (relating to aggravated assault). |
19 | Section 2703 (relating to assault by prisoner). |
20 | Section 2704 (relating to assault by life prisoner). |
21 | Section 2709.1 (relating to stalking). |
22 | Section 2716 (relating to weapons of mass destruction). |
23 | Section 2901 (relating to kidnapping). |
24 | Section 2902 (relating to unlawful restraint). |
25 | Section 2910 (relating to luring a child into a motor |
26 | vehicle or structure). |
27 | Section 3121 (relating to rape). |
28 | Section 3123 (relating to involuntary deviate sexual |
29 | intercourse). |
30 | Section 3125 (relating to aggravated indecent assault). |
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1 | Section 3301 (relating to arson and related offenses). |
2 | Section 3302 (relating to causing or risking |
3 | catastrophe). |
4 | Section 3502 (relating to burglary). |
5 | Section 3503 (relating to criminal trespass) if the |
6 | offense is graded a felony of the second degree or higher. |
7 | Section 3701 (relating to robbery). |
8 | Section 3702 (relating to robbery of motor vehicle). |
9 | Section 3921 (relating to theft by unlawful taking or |
10 | disposition) upon conviction of the second felony offense. |
11 | Section 3923 (relating to theft by extortion) when the |
12 | offense is accompanied by threats of violence. |
13 | Section 3925 (relating to receiving stolen property) upon |
14 | conviction of the second felony offense. |
15 | Section 4906 (relating to false reports to law |
16 | enforcement authorities) if the fictitious report involved |
17 | the theft of a firearm as provided in section 4906(c)(2). |
18 | Section 4912 (relating to impersonating a public servant) |
19 | if the person is impersonating a law enforcement officer. |
20 | Section 4952 (relating to intimidation of witnesses or |
21 | victims). |
22 | Section 4953 (relating to retaliation against witness |
23 | [or], victim or party). |
24 | Section 5121 (relating to escape). |
25 | Section 5122 (relating to weapons [or implements for |
26 | escape], implements of escape or dangerous material). |
27 | Section 5501(3) (relating to riot). |
28 | Section 5515 (relating to prohibiting of paramilitary |
29 | training). |
30 | Section 5516 (relating to facsimile weapons of mass |
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1 | destruction). |
2 | Section 6110.1 (relating to possession of firearm by |
3 | minor). |
4 | Section 6301 (relating to corruption of minors). |
5 | Section 6302 (relating to sale or lease of weapons and |
6 | explosives). |
7 | Any offense equivalent to any of the above-enumerated |
8 | offenses under the prior laws of this Commonwealth or any |
9 | offense equivalent to any of the above-enumerated offenses |
10 | under the statutes of any other state or of the United |
11 | States. |
12 | * * * |
13 | Section 3. This act shall take effect in 60 days. |
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