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        PRIOR PRINTER'S NO. 449                       PRINTER'S NO. 2223

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 17 Session of 2001


        INTRODUCED BY L. I. COHEN, M. BAKER, BELARDI, BELFANTI, CASORIO,
           CIVERA, M. COHEN, DeLUCA, EGOLF, J. EVANS, FRANKEL, HARHAI,
           HENNESSEY, HORSEY, LYNCH, MICHLOVIC, READSHAW, RUBLEY,
           SAYLOR, SEMMEL, SOLOBAY, THOMAS, TRICH, WILT, WOJNAROSKI AND
           YOUNGBLOOD, FEBRUARY 5, 2001

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 13, 2001

                                     AN ACT

     1  Amending Title TITLES 18 (Crimes and Offenses) AND 42 (JUDICIARY  <--
     2     AND JUDICIAL PROCEDURE) of the Pennsylvania Consolidated
     3     Statutes, further providing for intimidation of witnesses and
     4     victims and for; AND PROVIDING FOR AGGRAVATED jury tampering.  <--

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 4952 of Title 18 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 4952.  Intimidation of witnesses or victims.
    10     (a)  Offense defined.--A person commits an offense if, with
    11  the intent to or with the knowledge that his conduct will
    12  obstruct, impede, impair, prevent or interfere with the
    13  administration of criminal justice, he intimidates or attempts
    14  to intimidate any witness or victim to:
    15         (1)  Refrain from informing or reporting to any law
    16     enforcement officer, prosecuting official or judge concerning
    17     any information, document or thing relating to the commission

     1     of a crime.
     2         (2)  Give any false or misleading information or
     3     testimony relating to the commission of any crime to any law
     4     enforcement officer, prosecuting official or judge.
     5         (3)  Withhold any testimony, information, document or
     6     thing relating to the commission of a crime from any law
     7     enforcement officer, prosecuting official or judge.
     8         (4)  Give any false or misleading information or
     9     testimony or refrain from giving any testimony, information,
    10     document or thing, relating to the commission of a crime, to
    11     an attorney representing a criminal defendant.
    12         (5)  Elude, evade or ignore any request to appear or
    13     legal process summoning him to appear to testify or supply
    14     evidence.
    15         (6)  Absent himself from any proceeding or investigation
    16     to which he has been legally summoned.
    17     (b)  Grading.--
    18         (1)  The offense is a felony of the [third] degree
    19     indicated in paragraphs (2) through (4) if:
    20             [(1)] (i)  The actor employs force, violence or
    21         deception, or threatens to employ force or violence, upon
    22         the witness or victim or, with the requisite intent or
    23         knowledge upon any other person.
    24             [(2)] (ii)  The actor offers any pecuniary or other
    25         benefit to the witness or victim or, with the requisite
    26         intent or knowledge, to any other person.
    27             [(3)] (iii) The actor's conduct is in furtherance of
    28         a conspiracy to intimidate a witness or victim.
    29             [(4)] (iv)  The actor [solicits another to or]
    30         accepts [or], agrees or solicits another to accept any
    20010H0017B2223                  - 2 -

     1         pecuniary or other benefit to intimidate a witness or
     2         victim.
     3         [(5)] (v)  The actor has suffered any prior conviction
     4     for any violation of this [title] SECTION or any predecessor   <--
     5     law hereto, or has been convicted, under any Federal statute
     6     or statute of any other state, of an act which would be a
     7     violation of this [title] SECTION if committed in this State.  <--
     8         (2)  The offense is a felony of the first degree if a
     9     felony of the first degree or murder in the first or second
    10     degree was charged in the case in which the actor sought to
    11     influence or intimidate a witness or victim as specified in
    12     this subsection.
    13         (3)  The offense is a felony of the second degree if a
    14     felony of the second degree is the most serious offense
    15     charged in the case in which the actor sought to influence or
    16     intimidate a witness or victim as specified in this
    17     subsection.
    18         (4)  The offense is a felony of the third degree in any
    19     other case in which the actor sought to influence or
    20     intimidate a witness or victim as specified in this
    21     subsection.
    22         (5)  Otherwise the offense is a misdemeanor of the second
    23     degree.
    24     Section 2.  Title 18 42 is amended by adding a section to      <--
    25  read:
    26  § 4958 4583.1.  Aggravated jury tampering.                        <--
    27     (a)  Offense defined.--A person commits the offense of
    28  aggravated jury tampering if the person influences, intimidates
    29  or impedes or attempts to influence, intimidate or impede a
    30  juror in the discharge of the juror's duties in a criminal trial
    20010H0017B2223                  - 3 -

     1  and:
     2         (1)  The actor employs force, violence or deception, or
     3     threatens to employ force or violence, upon the juror or,
     4     with the requisite intent or knowledge, upon any other
     5     person.
     6         (2)  The actor offers any pecuniary or other benefit to
     7     the juror or, with the requisite intent or knowledge, to any
     8     other person.
     9         (3)  The actor's conduct is in furtherance of a
    10     conspiracy to intimidate a juror.
    11         (4)  The actor accepts, agrees or solicits another to
    12     accept any pecuniary or other benefit to intimidate a juror.
    13         (5)  The actor has suffered any prior conviction for any   <--
    14     violation of this title or any predecessor law hereto, or has
    15     been convicted, under any Federal statute or statute of any
    16     other state, of an act which would be a violation of this
    17     title if committed in this State.
    18     (b)  Grading.--
    19         (1)  The offense is a felony of the first degree if
    20     murder in the first degree or second degree or a felony of
    21     the first degree is the highest classification of crime
    22     submitted for deliberation to the jury of which the juror is
    23     a member.
    24         (2)  The offense is a felony of the second degree if a
    25     felony of the second degree is the highest classification of
    26     crime submitted for deliberation to the jury of which the
    27     juror is a member.
    28         (3)  The offense is a felony of the third degree for any
    29     other violation of this section.
    30     Section 3.  This act shall take effect in 60 days.
    L28L18JS/20010H0017B2223         - 4 -