1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in obstructing governmental
3operations, further providing for the offenses of weapons or
4implements for escape and for contraband; and making a
5conforming amendment.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Sections 5122, 5123 and 6105(b) of Title 18 of
9the Pennsylvania Consolidated Statutes are amended to read:

10§ 5122.  Weapons [or], implements for escape or dangerous 
11material.

12(a)  Offenses defined.--

13(1)  [A person commits a misdemeanor of the first] An 
14individual commits a felony of the second degree if he
15[unlawfully introduces within a detention facility,
16correctional institution or mental hospital, or unlawfully
17provides an inmate thereof with any weapon, tool, implement,
18or other thing] delivers to a confined person a weapon, 
19implement for escape, dangerous material or other item which

1may be used for escape.

2(2)  [An inmate] A confined person commits a [misdemeanor
3of the first] felony of the second degree if he [unlawfully
4procures, makes or otherwise provides himself with, or
5unlawfully has in his possession or under his control, any
6weapon, tool, implement or other thing] possesses a weapon, 
7implement for escape, dangerous material or other item which
8may be used for escape.

9(b)  [Definitions.--

10(1)  As used in this section, the word "unlawfully" means
11surreptitiously or contrary to law, regulation or order of
12the detaining authority.

13(2)  As used in this section, the word "weapon" means any
14implement readily capable of lethal use and shall include any
15firearm, ammunition, knife, dagger, razor, other cutting or
16stabbing implement or club, including any item which has been
17modified or adopted so that it can be used as a firearm,
18ammunition, knife, dagger, razor, other cutting or stabbing
19implement, or club. The word "firearm" includes an unloaded
20firearm and the unassembled components of a firearm.]

21Definitions.--As used in this section, the following words
22and phrases shall have the meanings given to them in this
23subsection:

24"Confined person."  An individual committed pursuant to a 
25court order to a facility, regardless of whether the individual 
26is temporarily absent from the facility due to medical 
27treatment, transportation, court appearance or other reason for 
28a temporary absence.

29"Dangerous material."  Any incendiary material or device, 
30highly flammable or caustic liquid, explosive, bullet or other 

1material readily capable of causing death or serious bodily 
2injury.

3"Delivers."  The transfer of a weapon, implement for escape 
4or dangerous material to a confined person in a facility. The 
5term includes taking or introducing a weapon, implement for 
6escape or dangerous material into a facility, on land granted 
7to, owned by or leased by the Commonwealth or a political 
8subdivision that is related to the confinement of persons. The 
9term includes putting a weapon, implement for escape or 
10dangerous material in a place where it may be obtained by a 
11confined person.

12"Facility."  Correctional institution, forensic unit of a 
13State mental hospital, youth development center, youth forestry 
14camp or other facility for the detention or incarceration of 
15individuals pursuant to court order, building appurtenant 
16thereto or any other place where a confined person is located.

17"Implement for escape."  A tool, implement, device, equipment 
18or other item that can facilitate, aid or conceal an escape or 
19attempted escape by a confined person.

20"Weapon."  An implement readily capable of lethal use, 
21including any firearm, knife, dagger, razor, other cutting or 
22stabbing implement or club. The term includes any item which has 
23been modified or adapted so that it can be used as a firearm, 
24knife, dagger, razor, other cutting or stabbing implement or 
25club. For purposes of this definition, the term "firearm" 
26includes an unloaded firearm or the unassembled components of a 
27firearm.

28§ 5123.  Contraband.

29(a)  [Controlled] Delivery of controlled substance contraband
30to confined persons prohibited.--[A person] An individual

1commits a felony of the second degree if he [sells, gives,
2transmits or furnishes to any convict in a prison, or inmate in
3a mental hospital, or gives away in or brings into any prison,
4mental hospital, or any building appurtenant thereto, or on the
5land granted to or owned or leased by the Commonwealth or county
6for the use and benefit of the prisoners or inmates, or puts in
7any place where it may be secured by a convict of a prison,
8inmate of a mental hospital, or employee thereof, any] delivers 
9a controlled substance included in Schedules I through V of the
10act of April 14, 1972 (P.L.233, No.64), known as The Controlled
11Substance, Drug, Device and Cosmetic Act, to a confined person 
12or employee of a facility (except the ordinary hospital supply
13of the [prison or mental hospital] facility) without a written
14permit signed by the physician of [such institution] the 
15facility, specifying the quantity and quality of the substance
16which may be furnished to [any convict, inmate, or employee in
17the prison or mental hospital,] the confined person, the name of
18the [prisoner, inmate, or employee for whom,] confined person
19and the time when the same may be furnished[, which permit shall
20be delivered to and kept by the warden or superintendent of the
21prison or mental hospital].

22(a.1)  Mandatory minimum penalty.--[Any person]

23(1)  An individual convicted of a violation of subsection
24(a) shall be sentenced to a minimum sentence of at least two
25years of total confinement, notwithstanding any other
26provision of this title or any other statute to the contrary.
27Nothing in this subsection shall prevent the sentencing court
28from imposing a sentence greater than that provided in this
29subsection, up to the maximum penalty prescribed by this
30title for a felony of the second degree. There shall be no

1authority in any court to impose on an offender to which this
2subsection is applicable any lesser sentence than provided
3for in subsection (a) or to place such offender on probation
4or to suspend sentence. Sentencing guidelines promulgated by
5the Pennsylvania Commission on Sentencing shall not supersede
6the mandatory sentences provided in this subsection. If a
7sentencing court refuses to apply this subsection where
8applicable, the Commonwealth shall have the right to
9appellate review of the action of the sentencing court. The
10appellate court shall vacate the sentence and remand the case
11to the sentencing court for imposition of a sentence in
12accordance with this subsection if it finds that the sentence
13was imposed in violation of this subsection.

14(2)  Nothing in this subsection shall be construed to
15preclude prosecution for a more serious violation of The
16Controlled Substance, Drug, Device and Cosmetic Act.

17(a.2)  Possession of controlled substance contraband by
18[inmate] confined persons prohibited.--[A prisoner or inmate] A 
19confined person commits a felony of the second degree if he
20unlawfully has in his possession or under his control any
21controlled substance in violation of section 13(a)(16) of The
22Controlled Substance, Drug, Device and Cosmetic Act. For
23purposes of this subsection, no amount shall be deemed de
24minimis.

25(b)  [Money] Delivery of money to inmates prohibited.--[A
26person] An individual commits a misdemeanor of the [third] first
27degree if he [gives or furnishes money to any inmate confined in
28a State or county] delivers money to an inmate committed to a
29correctional institution as defined in section 501 (relating to 
30definitions), provided notice of this prohibition is adequately

1posted at the institution. [A person] An individual may,
2however, deposit money with the superintendent, warden, or other
3authorized individual in charge of a [State or county]
4correctional institution for the benefit and use of an inmate
5confined therein, which shall be credited to the inmate's
6account and expended in accordance with the rules and
7regulations of the institution. The person making the deposit
8shall be provided with a written receipt for the amount
9deposited.

10(c)  [Contraband other than controlled substance.--A person]
11Delivery of other contraband to confined persons prohibited.--An 
12individual commits a misdemeanor of the first degree if he
13[sells, gives or furnishes to any convict in a prison, or inmate
14in a mental hospital, or gives away in or brings into any
15prison, mental hospital, or any building appurtenant thereto, or
16on the land granted to or owned or leased by the Commonwealth or
17county for the use and benefit of the prisoners or inmates, or
18puts in any place where it may be secured by a convict of a
19prison, inmate of a mental hospital, or employee thereof,]
20delivers to a confined person:

21(1)  any kind of spirituous or fermented liquor, poison 
22or medicine [or poison] (except the ordinary hospital supply
23of the [prison or mental hospital] facility) without a
24written permit signed by the physician of [such institution]
25the facility, specifying the quantity and quality of the
26substance which may be furnished to [any convict, inmate or
27employee in the prison or mental hospital, the name of the
28prisoner, inmate or employee for whom,] the confined person, 
29the name of the confined person and the time when the same
30may be furnished[, which permit shall be delivered to and

1kept by the warden or superintendent of the prison or mental
2hospital.]; or

3(2)  an unauthorized item that is readily capable of
4concealing an item prohibited under section 5122 (relating to
5weapons, implements for escape or dangerous material) or this
6section.

7(c.1)  [Telecommunication] Delivery of telecommunication
8devices to [inmates] confined persons prohibited.--A person
9commits a misdemeanor of the first degree if, without the
10written permission of superintendent, warden or otherwise
11authorized individual in charge of a [correctional institution,
12prison, jail, detention facility or mental hospital, he sells,
13gives or furnishes] facility, he delivers to any [inmate]
14confined person in a [correctional institution, prison, jail,
15detention facility or mental hospital, or any building
16appurtenant thereto] facility, or puts in any place where it may
17be obtained by [an inmate] a confined person [of a correctional
18institution, prison, jail, detention facility or mental
19hospital], any telecommunication device.

20(c.2)  Possession of telecommunication devices by [inmates] 
21confined persons prohibited.--[An inmate in a correctional
22institution, prison, jail, detention facility or mental
23hospital, or any building appurtenant thereto,] A confined 
24person in a facility commits a misdemeanor of the first degree
25if he has in his possession any telecommunication device without
26the written permission of the superintendent, warden or
27otherwise authorized individual in charge of [a correctional
28institution, prison, jail, detention facility or mental
29hospital] the facility.

30(c.3)  Possession of money or other contraband by a confined 

1person.--A confined person commits a misdemeanor of the first
2degree if he possesses anything the delivery of which is
3prohibited under subsection (b) or (c).

4(d)  Drug-sniffing animals.--Any jail or prison may use dogs
5or other animals trained to sniff [controlled substances or
6other contraband] anything the delivery of which is prohibited 
7under this section for such purposes in or on any part of the
8jail or prison at any time.

9(e)  Definitions.--As used in this section, the following
10words and phrases shall have the meanings given to them in this
11subsection:

12"Confined person."  An individual committed pursuant to a
13court order to a facility, regardless of whether the individual
14is temporarily absent due to medical treatment, transportation,
15court appearance or other reason for a temporary absence.

16"Delivers."  Sells, gives, transmits, furnishes or otherwise
17transfers anything prohibited under this section to a confined
18person in a facility.

19"Facility."  Correctional institution, forensic unit of a 
20State mental hospital, youth development center, youth forestry
21camp or other facility for the detention or incarceration of
22individuals pursuant to court order, building appurtenant
23thereto or any other place where a confined person is located.

24["Inmate."  A male or female offender who is committed to,
25under sentence to or confined in a penal or correctional
26institution.]

27"Telecommunication device."  Any type of instrument, device,
28machine or equipment which is capable of transmitting
29telephonic, electronic, digital, cellular or radio
30communications or any part of such instrument, device, machine

1or equipment which is capable of facilitating the transmission
2of telephonic, electronic, digital, cellular or radio
3communications. The term shall include, but not be limited to,
4cellular phones, digital phones and modem equipment devices.

5§ 6105.  Persons not to possess, use, manufacture, control, sell
6or transfer firearms.

7* * *

8(b)  Enumerated offenses.--The following offenses shall apply
9to subsection (a):

10Section 908 (relating to prohibited offensive weapons).

11Section 911 (relating to corrupt organizations).

12Section 912 (relating to possession of weapon on school
13property).

14Section 2502 (relating to murder).

15Section 2503 (relating to voluntary manslaughter).

16Section 2504 (relating to involuntary manslaughter) if
17the offense is based on the reckless use of a firearm.

18Section 2702 (relating to aggravated assault).

19Section 2703 (relating to assault by prisoner).

20Section 2704 (relating to assault by life prisoner).

21Section 2709.1 (relating to stalking).

22Section 2716 (relating to weapons of mass destruction).

23Section 2901 (relating to kidnapping).

24Section 2902 (relating to unlawful restraint).

25Section 2910 (relating to luring a child into a motor
26vehicle or structure).

27Section 3121 (relating to rape).

28Section 3123 (relating to involuntary deviate sexual
29intercourse).

30Section 3125 (relating to aggravated indecent assault).

1Section 3301 (relating to arson and related offenses).

2Section 3302 (relating to causing or risking
3catastrophe).

4Section 3502 (relating to burglary).

5Section 3503 (relating to criminal trespass) if the
6offense is graded a felony of the second degree or higher.

7Section 3701 (relating to robbery).

8Section 3702 (relating to robbery of motor vehicle).

9Section 3921 (relating to theft by unlawful taking or
10disposition) upon conviction of the second felony offense.

11Section 3923 (relating to theft by extortion) when the
12offense is accompanied by threats of violence.

13Section 3925 (relating to receiving stolen property) upon
14conviction of the second felony offense.

15Section 4906 (relating to false reports to law
16enforcement authorities) if the fictitious report involved
17the theft of a firearm as provided in section 4906(c)(2).

18Section 4912 (relating to impersonating a public servant)
19if the person is impersonating a law enforcement officer.

20Section 4952 (relating to intimidation of witnesses or
21victims).

22Section 4953 (relating to retaliation against witness,
23victim or party).

24Section 5121 (relating to escape).

25Section 5122 (relating to weapons [or], implements for
26escape or dangerous material).

27Section 5501(3) (relating to riot).

28Section 5515 (relating to prohibiting of paramilitary
29training).

30Section 5516 (relating to facsimile weapons of mass

1destruction).

2Section 6110.1 (relating to possession of firearm by
3minor).

4Section 6301 (relating to corruption of minors).

5Section 6302 (relating to sale or lease of weapons and
6explosives).

7Any offense equivalent to any of the above-enumerated
8offenses under the prior laws of this Commonwealth or any
9offense equivalent to any of the above-enumerated offenses under
10the statutes of any other state or of the United States.

11* * *

12Section 2.  This act shall take effect in 60 days.