Bill Text: PA HB1436 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Providing for restitution for official oppression; further providing for the offense of official oppression; and providing for sentencing for official oppression.

Spectrum: Partisan Bill (Republican 24-0)

Status: (Engrossed - Dead) 2011-06-15 - Referred to JUDICIARY [HB1436 Detail]

Download: Pennsylvania-2011-HB1436-Introduced.html

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PRINTER'S NO. 1726
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1436 Session of2011
INTRODUCED BY TOOHIL, BOBACK, AUMENT, BLOOM, BOYD, CUTLER, HICKERNELL, KAUFFMAN, METZGAR, SAYLOR, SCAVELLO, STEPHENS, REED AND WATSON, MAY 3, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MAY 3, 2011
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, providing for restitution for official oppression;
further providing for the offense of official oppression; and
providing for sentencing for official oppression.
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:
§ 1107.2. Restitution for official oppression.
(a) Restitution.--The court may, in addition to any other
restitution sentence or order authorized by law, sentence a
person convicted of a violation of section 5301 (relating to
official oppression) to make restitution for all reasonable
expenses incurred by the victim or the victim's behalf:
(1) to investigate the circumstances surrounding the
defendant's violation of section 5301;
(2) to bring or defend civil or criminal actions related
to the defendant's violation of section 5301; or
(3) to take other corrective or remedial efforts in
connection with the defendant's violation of section 5301.
(b) Types of expenses.--The types of expenses that may be
recoverable under this section include, but are not limited to:
(1) Attorney fees.
(2) Court costs and filing fees.
(3) Any other expense the court deems proper.
Section 2. Section 5301 of Title 18 is amended to read:
§ 5301. Official oppression.
A person acting or purporting to act in an official capacity
or taking advantage of such actual or purported capacity commits
a [misdemeanor of the second degree if, knowing that his conduct
is illegal, he] felony of the third degree if he knowingly or
recklessly engages in any of the following conduct:
(1) unlawfully subjects another to arrest, detention,
search, seizure, mistreatment, dispossession, assessment,
lien or other infringement of personal or property rights; or
(2) unlawfully denies or impedes another in the exercise
or enjoyment of any right, privilege, power or immunity.
Section 3. Title 42 is amended by adding a section to read:
§ 9720.3. Sentencing for official oppression.
(a) Mandatory sentence.--A person who is convicted in any
court of this Commonwealth of 18 Pa.C.S. § 5301 (relating to
official oppression) shall be sentenced to a mandatory minimum
sentence of two years, notwithstanding any other provision of
this title or other statute to the contrary.
(b) Proof at sentencing.--Provisions of this section shall
not be an element of the crime and notice thereof to the
defendant and shall not be required prior to conviction, but
reasonable notice of the Commonwealth's intention to proceed
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under this section shall be provided after conviction and before
sentencing. The applicability of this section shall be
determined at sentencing. The court shall consider any evidence
presented at trial and shall afford the Commonwealth and the
defendant an opportunity to present any necessary additional
evidence and shall determine, by a preponderance of the
evidence, if this section is applicable.
(c) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place such offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
Section 4. This act shall take effect in 60 days.
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