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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KORTZ, BAKER, D. COSTA, DALEY, DeLUCA, DONATUCCI, HORNAMAN, PASHINSKI, PRESTON, READSHAW AND SWANGER, MARCH 21, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, in obstructing governmental |
3 | operations, further providing for the offense of contraband. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5123(b), (c), (c.1) and (c.2) of Title 18 |
7 | of the Pennsylvania Consolidated Statutes are amended and the |
8 | section is amended by adding a subsection to read: |
9 | § 5123. Contraband. |
10 | * * * |
11 | (b) Money to inmates prohibited.--[A] |
12 | (1) Except as otherwise provided in paragraph (2), a |
13 | person commits a misdemeanor of the third degree if he gives |
14 | or furnishes money to any inmate confined in a State or |
15 | county correctional institution, provided notice of this |
16 | prohibition is adequately posted at the institution. A person |
17 | may, however, deposit money with the superintendent, warden, |
18 | or other authorized individual in charge of a State or county |
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1 | correctional institution for the benefit and use of an inmate |
2 | confined therein, which shall be credited to the inmate's |
3 | account and expended in accordance with the rules and |
4 | regulations of the institution. The person making the deposit |
5 | shall be provided with a written receipt for the amount |
6 | deposited. |
7 | (2) A second or subsequent violation of paragraph (1) |
8 | shall be graded as a felony of the third degree. |
9 | (c) Contraband other than controlled substance.--[A] |
10 | (1) Except as otherwise provided in paragraph (2), a |
11 | person commits a misdemeanor of the first degree if he sells, |
12 | gives or furnishes to any convict in a prison, or inmate in a |
13 | mental hospital, or gives away in or brings into any prison, |
14 | mental hospital, or any building appurtenant thereto, or on |
15 | the land granted to or owned or leased by the Commonwealth or |
16 | county for the use and benefit of the prisoners or inmates, |
17 | or puts in any place where it may be secured by a convict of |
18 | a prison, inmate of a mental hospital, or employee thereof, |
19 | any kind of spirituous or fermented liquor, medicine or |
20 | poison (except the ordinary hospital supply of the prison or |
21 | mental hospital) without a written permit signed by the |
22 | physician of such institution, specifying the quantity and |
23 | quality of the substance which may be furnished to any |
24 | convict, inmate or employee in the prison or mental hospital, |
25 | the name of the prisoner, inmate or employee for whom, and |
26 | the time when the same may be furnished, which permit shall |
27 | be delivered to and kept by the warden or superintendent of |
28 | the prison or mental hospital. |
29 | (2) A second or subsequent violation of paragraph (1) |
30 | shall be graded as a felony of the third degree. |
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1 | (c.1) Telecommunication devices to inmates prohibited.--[A] |
2 | (1) Except as otherwise provided in paragraph (2), a |
3 | person commits a misdemeanor of the first degree if, without |
4 | the written permission of superintendent, warden or otherwise |
5 | authorized individual in charge of a correctional |
6 | institution, prison, jail, detention facility or mental |
7 | hospital, he sells, gives or furnishes to any inmate in a |
8 | correctional institution, prison, jail, detention facility or |
9 | mental hospital, or any building appurtenant thereto, or puts |
10 | in any place where it may be obtained by an inmate of a |
11 | correctional institution, prison, jail, detention facility or |
12 | mental hospital, any telecommunication device. |
13 | (2) A second or subsequent violation of paragraph (1) |
14 | shall be graded as a felony of the third degree. |
15 | (c.2) Possession of telecommunication devices by inmates |
16 | prohibited.--[An] |
17 | (1) Except as otherwise provided in paragraph (2), an |
18 | inmate in a correctional institution, prison, jail, detention |
19 | facility or mental hospital, or any building appurtenant |
20 | thereto, commits a misdemeanor of the first degree if he has |
21 | in his possession any telecommunication device without the |
22 | written permission of the superintendent, warden or otherwise |
23 | authorized individual in charge of a correctional |
24 | institution, prison, jail, detention facility or mental |
25 | hospital. |
26 | (2) A second or subsequent violation of paragraph (1) |
27 | shall be graded as a felony of the third degree. |
28 | (c.3) Possession of telecommunication devices by visitors |
29 | and staff prohibited.-- |
30 | (1) Except as otherwise provided under paragraph (2), a |
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1 | visitor or staff member of a correctional institution, |
2 | prison, jail, detention facility or mental hospital, or any |
3 | building appurtenant thereto, commits a misdemeanor of the |
4 | first degree if he enters the secured perimeter of the |
5 | correctional institution, prison, jail, detention facility or |
6 | mental hospital, or any building appurtenant thereto, has in |
7 | his possession any telecommunication device without the |
8 | written permission of the superintendent, warden or otherwise |
9 | authorized individual in charge of the correctional |
10 | institution, prison, jail, detention facility or mental |
11 | hospital and a notice is posted at the entrance to the |
12 | secured perimeter stating that telecommunication devices are |
13 | prohibited by law inside the secured perimeter without |
14 | written permission of the appropriate official. |
15 | (2) A second or subsequent violation of paragraph (1) |
16 | shall be graded as a felony of the third degree. |
17 | * * * |
18 | Section 2. This act shall take effect in 60 days. |
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