PRIOR PRINTER'S NO. 333 PRINTER'S NO. 1073
No. 312 Session of 2005
INTRODUCED BY GRELL, ARMSTRONG, BAKER, BARRAR, BELFANTI, BOYD,
BROWNE, BUNT, CALTAGIRONE, CAPPELLI, CLYMER, J. EVANS,
FREEMAN, GINGRICH, GODSHALL, GOOD, GOODMAN, GRUCELA, HARRIS,
HICKERNELL, W. KELLER, MARSICO, MILLARD, NAILOR, PAYNE,
PHILLIPS, REICHLEY, ROSS, SEMMEL, B. SMITH, STABACK, STERN,
E. Z. TAYLOR, TIGUE, WILT, YOUNGBLOOD, ZUG, S. MILLER,
FRANKEL, MANN, PICKETT, DALLY, GILLESPIE, GEIST, McNAUGHTON,
M. KELLER AND SAYLOR, FEBRUARY 8, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 14, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of TERRORISM <--
3 AND THE OFFENSE OF hindering prosecution for an act of
4 terrorism.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section SECTIONS to read: <--
9 § 2717. Hindering prosecution for terrorism. <--
10 (a) Offense.--A person commits the offense of hindering
11 prosecution for terrorism if he renders criminal assistance to a
12 person who has committed terrorism, knowing or believing that
13 such person engaged in conduct constituting terrorism.
14 (b) Grading.--If the terrorism resulted in the death of a
15 person other than one of the participants, an offense under this
1 section is a felony of the second degree; otherwise, an offense
2 under this section is a felony of the third degree.
3 (c) Definitions.--As used in this section, the following
4 words and phrases shall have the meanings given to them in this
5 subsection:
6 "Mass destruction." An act which is intended to or likely to
7 destroy or cause serious damage to transportation-related
8 infrastructure or facilities, energy-related infrastructure or
9 facilities, public or private buildings, places of public
10 accommodation or public works under circumstances evincing
11 depraved indifference to human life or property.
12 "Renders criminal assistance." With the intent to prevent,
13 hinder or delay the discovery or apprehension of, or the
14 bringing of a criminal charge against, a person who he knows or
15 believes has committed an act of terrorism, or is being sought
16 by law enforcement officials for the commission of an act of
17 terrorism, or with intent to assist a person in profiting or
18 benefiting from the commission of an act of terrorism, he:
19 (1) harbors or conceals such person;
20 (2) warns such person of impending discovery or
21 apprehension;
22 (3) provides such person with money, transportation,
23 weapon, disguise or other means of avoiding discovery or
24 apprehension;
25 (4) prevents or obstructs, by means of force,
26 intimidation or deception, anyone from performing an act
27 which might aid in the discovery or apprehension of such
28 person or in the bringing of a criminal charge against him;
29 or
30 (5) suppresses, by any act of concealment, alteration or
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1 destruction, any physical evidence which might aid in the
2 discovery or apprehension of such person or in the bringing
3 of a criminal charge against him.
4 "Terrorism." Any act intended to:
5 (1) Intimidate or coerce a civilian population by
6 violence or threat of violence.
7 (2) Influence the policy of a unit of government by
8 intimidation or coercion by violence or threat of violence.
9 (3) Affect the conduct of a government by mass
10 destruction, assassination or kidnapping.
11 Section 2. This act shall take effect in 60 days.
12 § 2717. TERRORISM. <--
13 (A) GENERAL RULE.--A PERSON IS GUILTY OF TERRORISM IF HE
14 COMMITS A VIOLENT OFFENSE INTENDING TO DO ANY OF THE FOLLOWING:
15 (1) INTIMIDATE OR COERCE A CIVILIAN POPULATION.
16 (2) INFLUENCE THE POLICY OF A GOVERNMENT BY INTIMIDATION
17 OR COERCION.
18 (3) AFFECT THE CONDUCT OF A GOVERNMENT.
19 (B) GRADING AND PENALTY.--
20 (1) IF THE VIOLENT OFFENSE IS A MISDEMEANOR OR A FELONY
21 OF THE THIRD OR SECOND DEGREE, AN OFFENSE UNDER THIS SECTION
22 SHALL BE CLASSIFIED ONE DEGREE HIGHER THAN THE CLASSIFICATION
23 OF THE VIOLENT OFFENSE SPECIFIED IN SECTION 106 (RELATING TO
24 CLASSES OF OFFENSES).
25 (2) IF THE VIOLENT OFFENSE IS A FELONY OF THE FIRST
26 DEGREE, A PERSON CONVICTED OF AN OFFENSE UNDER THIS SECTION
27 SHALL BE SENTENCED TO A TERM OF IMPRISONMENT FIXED BY THE
28 COURT AT NOT MORE THAN 40 YEARS AND MAY BE SENTENCED TO PAY A
29 FINE OF NOT MORE THAN $100,000.
30 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
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1 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
2 SUBSECTION:
3 "DANGEROUS TO HUMAN LIFE OR PROPERTY." A VIOLENT ACT OR AN
4 ACT WHICH IS INTENDED TO OR LIKELY TO CAUSE DEATH, SERIOUS
5 BODILY INJURY OR MASS DESTRUCTION.
6 "MASS DESTRUCTION." AN ACT WHICH IS INTENDED TO OR LIKELY TO
7 DESTROY OR CAUSE SERIOUS DAMAGE TO TRANSPORTATION-RELATED
8 INFRASTRUCTURE OR FACILITIES, ENERGY-RELATED INFRASTRUCTURE OR
9 FACILITIES, PUBLIC OR PRIVATE BUILDINGS, PLACES OF PUBLIC
10 ACCOMMODATION OR PUBLIC WORKS UNDER CIRCUMSTANCES EVINCING
11 DEPRAVED INDIFFERENCE TO HUMAN LIFE OR PROPERTY.
12 "VIOLENT OFFENSE." AN OFFENSE UNDER THIS PART, INCLUDING AN
13 ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT ANY SUCH OFFENSE,
14 WHICH IS PUNISHABLE BY IMPRISONMENT OF MORE THAN ONE YEAR AND
15 INVOLVES AN ACT DANGEROUS TO HUMAN LIFE OR PROPERTY.
16 § 2718. HINDERING PROSECUTION FOR TERRORISM.
17 (A) OFFENSE.--A PERSON COMMITS THE OFFENSE OF HINDERING
18 PROSECUTION FOR TERRORISM IF HE RENDERS CRIMINAL ASSISTANCE TO A
19 PERSON WHO HAS COMMITTED TERRORISM, KNOWING OR BELIEVING THAT
20 SUCH PERSON ENGAGED IN CONDUCT CONSTITUTING TERRORISM.
21 (B) GRADING.--IF THE TERRORISM RESULTED IN THE DEATH OF A
22 PERSON OTHER THAN ONE OF THE PARTICIPANTS, AN OFFENSE UNDER THIS
23 SECTION IS A FELONY OF THE SECOND DEGREE; OTHERWISE, AN OFFENSE
24 UNDER THIS SECTION IS A FELONY OF THE THIRD DEGREE.
25 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
26 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
27 SUBSECTION:
28 "RENDERS CRIMINAL ASSISTANCE." WITH THE INTENT TO PREVENT,
29 HINDER OR DELAY THE DISCOVERY OR APPREHENSION OF, OR THE
30 BRINGING OF A CRIMINAL CHARGE AGAINST, A PERSON WHO HE KNOWS OR
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1 BELIEVES HAS COMMITTED TERRORISM, OR IS BEING SOUGHT BY LAW
2 ENFORCEMENT OFFICIALS FOR THE COMMISSION OF TERRORISM, OR WITH
3 INTENT TO ASSIST A PERSON IN PROFITING OR BENEFITING FROM THE
4 COMMISSION OF TERRORISM, HE:
5 (1) HARBORS OR CONCEALS SUCH PERSON;
6 (2) WARNS SUCH PERSON OF IMPENDING DISCOVERY OR
7 APPREHENSION;
8 (3) PROVIDES SUCH PERSON WITH MONEY, TRANSPORTATION,
9 WEAPON, DISGUISE OR OTHER MEANS OF AVOIDING DISCOVERY OR
10 APPREHENSION;
11 (4) PREVENTS OR OBSTRUCTS, BY MEANS OF FORCE,
12 INTIMIDATION OR DECEPTION, ANYONE FROM PERFORMING AN ACT
13 WHICH MIGHT AID IN THE DISCOVERY OR APPREHENSION OF SUCH
14 PERSON OR IN THE BRINGING OF A CRIMINAL CHARGE AGAINST HIM;
15 OR
16 (5) SUPPRESSES, BY ANY ACT OF CONCEALMENT, ALTERATION OR
17 DESTRUCTION, ANY PHYSICAL EVIDENCE WHICH MIGHT AID IN THE
18 DISCOVERY OR APPREHENSION OF SUCH PERSON OR IN THE BRINGING
19 OF A CRIMINAL CHARGE AGAINST HIM.
20 "TERRORISM." ANY ACT WHICH VIOLATES SECTION 2717 (RELATING
21 TO TERRORISM).
22 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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