PRIOR PRINTER'S NO. 43 PRINTER'S NO. 2284
No. 57 Session of 2001
INTRODUCED BY BARD, CLARK, RUBLEY, THOMAS, YOUNGBLOOD, BARRAR,
BASTIAN, BELARDI, BELFANTI, CALTAGIRONE, CLYMER, DeLUCA,
FAIRCHILD, GEIST, HENNESSEY, HERSHEY, PISTELLA, READSHAW,
ROSS, SHANER, STABACK, TIGUE, WILT, WOGAN, WOJNAROSKI,
E. Z. TAYLOR, MICHLOVIC, McNAUGHTON AND McILHINNEY,
JANUARY 23, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 19, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for false reports to
3 law enforcement authorities.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4906 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 4906. False reports to law enforcement authorities.
9 (a) Falsely incriminating another.--[A] Except as provided
10 in subsection (c), a person who knowingly gives false
11 information to any law enforcement officer with intent to
12 implicate another commits a misdemeanor of the second degree.
13 (b) Fictitious reports.--[A] Except as provided in <--
14 subsection (c), a person commits a misdemeanor of the third
15 degree if he:
16 (1) reports to law enforcement authorities an offense or
1 other incident within their concern knowing that it did not
2 occur; or
3 [(2) pretends to furnish such authorities with <--
4 information relating to an offense or incident when he knows
5 he has no information relating to such offense or incident.] <--
6 (c) Felony offenses.--Where the information provided relates <--
7 to an offense graded as a felony, a person commits a felony of
8 the third degree if he:
9 (1) knowingly gives false information to law enforcement
10 authorities with intent to implicate another;
11 (2) reports to law enforcement authorities an offense
12 within their concern knowing that it did not occur; or
13 (3) pretends to furnish such authorities with
14 information relating to an offense when he knows he has no
15 information relating to such offense.
16 (3) KNOWINGLY MAKES ANY MATERIALLY FALSE, FICTITIOUS OR <--
17 FRAUDULENT STATEMENT OR REPRESENTATION TO LAW ENFORCEMENT
18 AUTHORITIES.
19 (C) FELONY OFFENSES.--WHERE A PERSON ACTS WITH MALICIOUS
20 INTENT TO COMMIT AN OFFENSE UNDER SUBSECTION (A) AND THE FALSE
21 INFORMATION PROVIDED TO LAW ENFORCEMENT AUTHORITIES IMPLICATES
22 ANOTHER IN THE COMMISSION OF AN OFFENSE GRADED AS A FELONY, THE
23 PERSON COMMITS A FELONY OF THE THIRD DEGREE.
24 (D) EXCEPTION.--IT SHALL NOT BE AN OFFENSE UNDER THIS
25 SECTION FOR A SUSPECT IN ANY CRIMINAL MATTER TO MAKE AN
26 EXCULPATORY DENIAL REGARDING THAT SUSPECT'S OWN CULPABILITY IN
27 ANY CRIMINAL MATTER BEING INVESTIGATED.
28 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM
29 "MALICIOUS INTENT" MEANS THE COMMISSION OF ANY ACT WHICH IS AN
30 ELEMENT OF SUBSECTION (A) AND WHICH IS MOTIVATED BY HATRED
20010H0057B2284 - 2 -
1 TOWARD THE PERSON OR PERSONS FALSELY IMPLICATED.
2 Section 2. This act shall take effect in 60 days.
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