SENATE AMENDED
PRIOR PRINTER'S NO. 1099 PRINTER'S NO. 2845
No. 964 Session of 1989
INTRODUCED BY REBER, CALTAGIRONE, FOX, KOSINSKI, CESSAR, ARGALL,
TRELLO, FEE, JADLOWIEC, FAIRCHILD, THOMAS, JAROLIN, KENNEY,
TIGUE, ROBINSON, D. W. SNYDER, GLADECK, B. SMITH, HARPER,
MAIALE, J. L. WRIGHT, RAYMOND, MORRIS, STABACK, PERZEL,
GODSHALL, MELIO, GEIST, SERAFINI, SAURMAN, VROON, CIVERA,
BURD, SCHEETZ, ADOLPH, CLYMER, CORNELL, VEON, JOHNSON,
J. TAYLOR, CAWLEY, BELFANTI, GANNON, CARLSON, BLAUM, FARMER,
BELARDI, ROBBINS, DIETTERICK, DeLUCA, CORRIGAN, SEMMEL,
FLICK, NOYE, E. Z. TAYLOR, LEE, COWELL, DALEY, FARGO, WOGAN,
LANGTRY, MARSICO, JAMES, STISH, LINTON AND BROUJOS,
APRIL 4, 1989
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
DECEMBER 5, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for contraband.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 5123(a) of Title 18 of the Pennsylvania
6 Consolidated Statutes, amended December 19, 1988 (P.L. , <--
7 No.158), is amended IS AMENDED AND THE SECTION IS AMENDED BY <--
8 ADDING A SUBSECTION to read:
9 § 5123. Contraband.
10 (a) [Contraband] CONTROLLED SUBSTANCE CONTRABAND to confined <--
11 persons prohibited.--A person commits a [misdemeanor] felony of
12 the [first] second degree if he sells, gives, TRANSMITS or <--
1 furnishes to any convict in a prison, or inmate in a mental
2 hospital, or gives away in, or brings into any prison, mental
3 hospital, or any building appurtenant thereto, or on the land
4 granted to or owned or leased by the Commonwealth or county for
5 the use and benefit of the prisoners or inmates, or puts in any
6 place where it may be secured by a convict of a prison, inmate
7 of a mental hospital, or employee thereof, [any kind of <--
8 spirituous or fermented liquor, drug, medicine or poison or] any <--
9 controlled substance included in Schedules I through V of the
10 act of April 14, 1972 (P.L.233, No.64), known as The Controlled
11 Substance, Drug, Device and Cosmetic Act, (except the ordinary
12 hospital supply of the prison or mental hospital) without a
13 written permit signed by the physician of such institution,
14 specifying the quantity and quality of the [liquor or] substance <--
15 which may be furnished to any convict, inmate, or employee in
16 the prison or mental hospital, the name of the prisoner, inmate,
17 or employee for whom, and the time when the same may be
18 furnished, which permit shall be delivered to and kept by the
19 warden or superintendent of the prison or mental hospital.
20 * * *
21 (C) CONTRABAND OTHER THAN CONTROLLED SUBSTANCE.--A PERSON <--
22 COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF HE SELLS, GIVES, OR
23 FURNISHES TO ANY CONVICT IN A PRISON, OR INMATE IN A MENTAL
24 HOSPITAL, OR GIVES AWAY IN, OR BRINGS INTO ANY PRISON, MENTAL
25 HOSPITAL, OR ANY BUILDING APPURTENANT THERETO, OR ON THE LAND
26 GRANTED TO OR OWNED OR LEASED BY THE COMMONWEALTH OR COUNTY FOR
27 THE USE AND BENEFIT OF THE PRISONERS OR INMATES, OR PUTS IN ANY
28 PLACE WHERE IT MAY BE SECURED BY A CONVICT OF A PRISON, INMATE
29 OF A MENTAL HOSPITAL, OR EMPLOYEE THEREOF, ANY KIND OF
30 SPIRITUOUS OR FERMENTED LIQUOR, MEDICINE OR POISON (EXCEPT THE
19890H0964B2845 - 2 -
1 ORDINARY HOSPITAL SUPPLY OF THE PRISON OR MENTAL HOSPITAL)
2 WITHOUT A WRITTEN PERMIT SIGNED BY THE PHYSICIAN OF SUCH
3 INSTITUTION, SPECIFYING THE QUANTITY AND QUALITY OF THE
4 SUBSTANCE WHICH MAY BE FURNISHED TO ANY CONVICT, INMATE, OR
5 EMPLOYEE IN THE PRISON OR MENTAL HOSPITAL, THE NAME OF THE
6 PRISONER, INMATE, OR EMPLOYEE FOR WHOM, AND THE TIME WHEN THE
7 SAME MAY BE FURNISHED, WHICH PERMIT SHALL BE DELIVERED TO AND
8 KEPT BY THE WARDEN OR SUPERINTENDENT OF THE PRISON OR MENTAL
9 HOSPITAL.
10 Section 2. This act shall take effect in 60 days.
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