HOUSE AMENDED PRIOR PRINTER'S NOS. 590, 1962 PRINTER'S NO. 2172
No. 557 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, O'PAKE, RAFFERTY, BOSCOLA, PUNT, TARTAGLIONE, KITCHEN, RHOADES, WOZNIAK, C. WILLIAMS AND FERLO, MARCH 31, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 17, 2006
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, PROVIDING FOR THE OFFENSE OF VIOLENCE <-- 3 AGAINST A LAW ENFORCEMENT OFFICER; further providing for 4 weapons or implements for escape and for contraband; and 5 making a conforming amendment. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Sections 5122 and 5123 of Title 18 of the <-- 9 Pennsylvania Consolidated Statutes are amended to read: 10 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <-- 11 STATUTES IS AMENDED BY ADDING A SECTION TO READ: 12 § 2702.1. VIOLENCE AGAINST A LAW ENFORCEMENT OFFICER. 13 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF 14 VIOLENCE AGAINST A LAW ENFORCEMENT OFFICER IF THE PERSON: 15 (1) COMMITS AN OFFENSE UNDER SECTIONS 2502 (RELATING TO 16 MURDER), 2503 (RELATING TO VOLUNTARY MANSLAUGHTER), 2504 17 (RELATING TO INVOLUNTARY MANSLAUGHTER), 2702 (RELATING TO 18 AGGRAVATED ASSAULT) OR 2705 (RELATING TO RECKLESSLY
1 ENDANGERING ANOTHER PERSON) AGAINST A LAW ENFORCEMENT OFFICER 2 WHILE THE LAW ENFORCEMENT OFFICER IS ACTING IN THE 3 PERFORMANCE OF THE LAW ENFORCEMENT OFFICER'S DUTY. 4 (2) KNOWS THE VICTIM IS A LAW ENFORCEMENT OFFICER. 5 (B) GRADING AND PENALTY.-- 6 (1) EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBSECTION, 7 AN OFFENSE UNDER THIS SECTION SHALL BE CLASSIFIED ONE DEGREE 8 HIGHER THAN THE CLASSIFICATION OF THE SPECIFIED OFFENSE SET 9 FORTH UNDER SECTION 106 (RELATING TO CLASSES OF OFFENSES). 10 (2) IF THE SPECIFIED OFFENSE IS A FELONY OF THE FIRST 11 DEGREE OR MURDER IN THE THIRD DEGREE, A PERSON CONVICTED OF 12 AN OFFENSE UNDER THIS SECTION SHALL BE SENTENCED TO A TERM OF 13 IMPRISONMENT FIXED BY THE COURT AT NOT MORE THAN 40 YEARS. 14 (3) IF THE SPECIFIED OFFENSE IS MURDER IN THE SECOND 15 DEGREE, A PERSON CONVICTED OF AN OFFENSE UNDER THIS SECTION 16 SHALL BE SENTENCED TO A TERM OF LIFE IMPRISONMENT. 17 (4) IF THE SPECIFIED OFFENSE IS MURDER IN THE FIRST 18 DEGREE, A PERSON CONVICTED OF AN OFFENSE UNDER THIS SECTION 19 SHALL BE SENTENCED UNDER 42 PA.C.S. § 9711 (RELATING TO 20 SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE). 21 (C) CONSECUTIVE SENTENCES.--THE COURT SHALL ORDER THAT ANY 22 SENTENCE IMPOSED FOR AN OFFENSE UNDER THIS SECTION BE SERVED 23 CONSECUTIVELY WITH ANY OTHER SENTENCE IMPOSED FOR AN OFFENSE 24 ARISING FROM THE SAME CRIMINAL EPISODE. 25 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "LAW 26 ENFORCEMENT OFFICER" MEANS ANY PERSON WHO BY VIRTUE OF THE 27 PERSON'S OFFICE OR PUBLIC EMPLOYMENT IS VESTED BY LAW TO MAKE 28 ARRESTS FOR OFFENSES, WHETHER THAT DUTY EXTENDS TO ALL OFFENSES 29 OR IS LIMITED TO SPECIFIC OFFENSES. 30 SECTION 1.1. SECTIONS 5122 AND 5123 OF TITLE 18 ARE AMENDED 20050S0557B2172 - 2 -
1 TO READ: 2 § 5122. Weapons [or implements for escape], implements of 3 escape or dangerous material. 4 (a) Offenses defined.-- 5 (1) [A person commits a misdemeanor of the first] An 6 individual commits a felony of the second degree if he 7 [unlawfully introduces within a detention facility, 8 correctional institution or mental hospital, or unlawfully 9 provides an inmate thereof with any weapon, tool, implement, 10 or other thing] delivers to a confined person a weapon, 11 implement of escape, dangerous material or other item which 12 may be used for escape. 13 (2) [An inmate] A confined person commits a [misdemeanor 14 of the first] felony of the second degree if he [unlawfully 15 procures, makes or otherwise provides himself with, or 16 unlawfully has in his possession or under his control, any 17 weapon, tool, implement or other thing] possesses a weapon, 18 implement of escape, dangerous material or other item which 19 may be used for escape. 20 (b) [Definitions.-- 21 (1) As used in this section, the word "unlawfully" means 22 surreptitiously or contrary to law, regulation or order of 23 the detaining authority. 24 (2) As used in this section, the word "weapon" means any 25 implement readily capable of lethal use and shall include any 26 firearm, ammunition, knife, dagger, razor, other cutting or 27 stabbing implement or club, including any item which has been 28 modified or adopted so that it can be used as a firearm, 29 ammunition, knife, dagger, razor, other cutting or stabbing 30 implement, or club. The word "firearm" includes an unloaded 20050S0557B2172 - 3 -
1 firearm and the unassembled components of a firearm.] 2 Definitions.--As used in this section, the following words and 3 phrases shall have the meanings given to them in this 4 subsection: 5 "Confined person." An individual committed pursuant to a 6 court order to a correctional institution, mental hospital, 7 youth development center, youth forestry camp or other facility 8 for the detention or incarceration of individuals pursuant to a 9 court order, regardless of whether the individual is temporarily 10 absent due to medical treatment, transportation, court 11 appearance or other reason for a temporary absence. 12 "Dangerous material." Any incendiary material or device, 13 highly flammable or caustic liquid, explosive, bullet or other 14 material readily capable of causing death or serious bodily 15 injury. 16 "Delivers." The transfer of a weapon, implement of escape or 17 dangerous material to a confined person in a correctional 18 institution, mental hospital, youth development center, youth 19 forestry camp or other facility for the detention or 20 incarceration of individuals pursuant to court order, building 21 appurtenant thereto or any other place. The term includes taking 22 into or introducing a weapon, implement of escape or dangerous 23 material into a correctional institution, mental hospital, youth 24 development center, youth forestry camp or other facility for 25 the detention or incarceration of individuals pursuant to court 26 order, building appurtenant thereto, on land granted to, owned 27 by or leased by the Commonwealth or a political subdivision that 28 is related to the confinement of persons. The term includes 29 putting a weapon, implement of escape or dangerous material in a 30 place where it may be obtained by a confined person. 20050S0557B2172 - 4 -
1 "Implement of escape." A tool, implement, device, equipment 2 or other item that can facilitate, aid or conceal an escape or 3 attempted escape by a confined person. 4 "Weapon." An implement readily capable of lethal use, 5 including any firearm, knife, dagger, razor, other cutting or 6 stabbing implement or club. The term includes any item which has 7 been modified or adapted so that it can be used as a firearm, 8 knife, dagger, razor, other cutting or stabbing implement or 9 club. For purposes of this definition, the term "firearm" 10 includes an unloaded firearm or the unassembled components of a 11 firearm. 12 § 5123. Contraband. 13 (a) Controlled substance contraband to confined persons 14 prohibited.--[A person] An individual commits a felony of the 15 second degree if he [sells, gives, transmits or furnishes to any 16 convict in a prison, or inmate in a mental hospital, or gives 17 away in or brings into any prison, mental hospital, or any 18 building appurtenant thereto, or on the land granted to or owned 19 or leased by the Commonwealth or county for the use and benefit 20 of the prisoners or inmates, or puts in any place where it may 21 be secured by a convict of a prison, inmate of a mental 22 hospital, or employee thereof, any] delivers to a confined 23 person or employee of a correctional institution, mental 24 hospital, youth development center, youth forestry camp or other 25 facility for the detention or incarceration of individuals 26 pursuant to court order, a controlled substance included in 27 Schedules I through V of the act of April 14, 1972 (P.L.233, 28 No.64), known as The Controlled Substance, Drug, Device and 29 Cosmetic Act, (except the ordinary hospital supply of the 30 [prison or mental hospital] correctional institution, mental 20050S0557B2172 - 5 -
1 hospital, youth development center, youth forestry camp or other 2 facility for the detention or incarceration of individuals 3 pursuant to court order) without a written permit signed by the 4 physician of such institution, specifying the quantity and 5 quality of the substance which may be furnished to [any convict, 6 inmate, or employee in the prison or mental hospital,] the 7 confined person, the name of the [prisoner, inmate, or employee 8 for whom,] confined person and the time when the same may be 9 furnished[, which permit shall be delivered to and kept by the 10 warden or superintendent of the prison or mental hospital]. 11 (a.1) Mandatory minimum penalty.--[Any person] An individual 12 convicted of a violation of subsection (a) shall be sentenced to 13 a minimum sentence of at least two years of total confinement, 14 notwithstanding any other provision of this title or any other 15 statute to the contrary. Nothing in this subsection shall 16 prevent the sentencing court from imposing a sentence greater 17 than that provided in this subsection, up to the maximum penalty 18 prescribed by this title for a felony of the second degree. 19 There shall be no authority in any court to impose on an 20 offender to which this subsection is applicable any lesser 21 sentence than provided for in subsection (a) or to place such 22 offender on probation or to suspend sentence. Sentencing 23 guidelines promulgated by the Pennsylvania Commission on 24 Sentencing shall not supersede the mandatory sentences provided 25 in this subsection. If a sentencing court refuses to apply this 26 subsection where applicable, the Commonwealth shall have the 27 right to appellate review of the action of the sentencing court. 28 The appellate court shall vacate the sentence and remand the 29 case to the sentencing court for imposition of a sentence in 30 accordance with this subsection if it finds that the sentence 20050S0557B2172 - 6 -
1 was imposed in violation of this subsection. Nothing in this 2 subsection shall preclude prosecution for a more serious 3 violation of The Controlled Substance, Drug, Device and Cosmetic 4 Act. 5 (a.2) Possession of controlled substance contraband by 6 [inmate] a confined person prohibited.--[A prisoner or inmate] A 7 confined person commits a felony of the second degree if he 8 unlawfully has in his possession or under his control any 9 controlled substance in violation of section 13(a)(16) of The 10 Controlled Substance, Drug, Device and Cosmetic Act. For 11 purposes of this subsection, no amount shall be deemed de 12 minimis. 13 (b) Money to inmates prohibited.--[A person] An individual 14 commits a misdemeanor of the [third] first degree if he [gives 15 or furnishes money to any inmate confined in a State or county] 16 delivers money to an inmate committed to a correctional 17 institution as defined in section 501 (relating to definitions), 18 provided notice of this prohibition is adequately posted at the 19 institution. [A person] An individual may, however, deposit 20 money with the superintendent, warden, or other authorized 21 individual in charge of a [State or county] correctional 22 institution for the benefit and use of an inmate confined 23 therein, which shall be credited to the inmate's account and 24 expended in accordance with the rules and regulations of the 25 institution. The person making the deposit shall be provided 26 with a written receipt for the amount deposited. 27 (c) [Contraband other than controlled substance.--A person] 28 Other contraband.--An individual commits a misdemeanor of the 29 first degree if he [sells, gives or furnishes to any convict in 30 a prison, or inmate in a mental hospital, or gives away in or 20050S0557B2172 - 7 -
1 brings into any prison, mental hospital, or any building 2 appurtenant thereto, or on the land granted to or owned or 3 leased by the Commonwealth or county for the use and benefit of 4 the prisoners or inmates, or puts in any place where it may be 5 secured by a convict of a prison, inmate of a mental hospital, 6 or employee thereof,] delivers to a confined person: 7 (1) any kind of spirituous or fermented liquor, poison 8 or medicine [or poison] (except the ordinary hospital supply 9 of the [prison or mental hospital] correctional institution, 10 mental hospital, youth development center, youth forestry 11 camp or other facility for the detention or incarceration of 12 individuals pursuant to court order) without a written permit 13 signed by the physician of such institution, specifying the 14 quantity and quality of the substance which may be furnished 15 to [any convict, inmate or employee in the prison or mental 16 hospital, the name of the prisoner, inmate or employee for 17 whom,] the confined person, the name of the confined person 18 and the time when the same may be furnished[, which permit 19 shall be delivered to and kept by the warden or 20 superintendent of the prison or mental hospital.]; or 21 (2) an unauthorized item that is readily capable of 22 concealing a controlled substance contraband, weapon, 23 dangerous material, telecommunications device, implement of 24 escape or other item which may be used for escape. 25 (c.1) Telecommunication devices to [inmates] confined 26 persons prohibited.--A person commits a misdemeanor of the first 27 degree if, without the written permission of superintendent, 28 warden or otherwise authorized individual in charge of a 29 correctional institution, prison, jail, detention facility or 30 mental hospital, he sells, gives or furnishes to any [inmate] 20050S0557B2172 - 8 -
1 confined person in a correctional institution, prison, jail, 2 detention facility or mental hospital, or any building 3 appurtenant thereto, or puts in any place where it may be 4 obtained by [an inmate] a confined person of a correctional 5 institution, prison, jail, detention facility or mental 6 hospital, any telecommunication device. 7 (c.2) Possession of telecommunication devices by [inmates] 8 confined persons prohibited.--[An inmate] A confined person in a 9 correctional institution, prison, jail, detention facility or 10 mental hospital, or any building appurtenant thereto, commits a 11 misdemeanor of the first degree if he has in his possession any 12 telecommunication device without the written permission of the 13 superintendent, warden or otherwise authorized individual in 14 charge of a correctional institution, prison, jail, detention 15 facility or mental hospital. 16 (c.3) Possession of money or other contraband by a confined 17 person.--A confined person commits a misdemeanor of the first 18 degree if he possesses money or other contraband, the delivery 19 of which is prohibited by this section. 20 (d) Drug-sniffing animals.--Any jail or prison may use dogs 21 or other animals trained to sniff controlled substances or other 22 contraband for such purposes in or on any part of the jail or 23 prison at any time. 24 (e) Definitions.--As used in this section, the following 25 words and phrases shall have the meanings given to them in this 26 subsection: 27 "Confined person." An individual committed pursuant to a 28 court order to a correctional institution, mental hospital, 29 youth development center, youth forestry camp or other facility 30 for the detention or incarceration of individuals pursuant to a 20050S0557B2172 - 9 -
1 court order, regardless of whether the individual is temporarily 2 absent due to medical treatment, transportation, court 3 appearance or other reason for a temporary absence. 4 "Dangerous material." Any incendiary material or device, 5 highly flammable or caustic liquid, explosive, bullet or other 6 material readily capable of causing death or serious bodily 7 injury. 8 "Delivers." The transfer of a weapon, implement of escape or 9 dangerous material to a confined person in a correctional 10 institution, mental hospital, youth development center, youth 11 forestry camp or other facility for the detention or 12 incarceration of individuals pursuant to court order, building 13 appurtenant thereto or any other place. The term includes taking 14 into or introducing a weapon, implement of escape or dangerous 15 material into a correctional institution, mental hospital, youth 16 development center, youth forestry camp or other facility for 17 the detention or incarceration of individuals pursuant to court 18 order, building appurtenant thereto, on land granted to, owned 19 by or leased by the Commonwealth or a political subdivision that 20 is related to the confinement of persons. The term includes 21 putting a weapon, implement of escape or dangerous material in a 22 place where it may be obtained by a confined person. 23 "Implement of escape." A tool, implement, device, equipment 24 or other item that can facilitate, aid or conceal an escape or 25 attempted escape by a confined person. 26 ["Inmate." A male or female offender who is committed to, 27 under sentence to or confined in a penal or correctional 28 institution.] 29 "Telecommunication device." Any type of instrument, device, 30 machine or equipment which is capable of transmitting 20050S0557B2172 - 10 -
1 telephonic, electronic, digital, cellular or radio 2 communications or any part of such instrument, device, machine 3 or equipment which is capable of facilitating the transmission 4 of telephonic, electronic, digital, cellular or radio 5 communications. The term shall include, but not be limited to, 6 cellular phones, digital phones and modem equipment devices. 7 "Weapon." An implement readily capable of lethal use, 8 including any firearm, knife, dagger, razor, other cutting or 9 stabbing implement or club. The term includes any item which has 10 been modified or adapted so that it can be used as a firearm, 11 knife, dagger, razor, other cutting or stabbing implement or 12 club. For purposes of this definition, the term "firearm" 13 includes an unloaded firearm or the unassembled components of a 14 firearm. 15 Section 2. Section 6105(b) of Title 18 is amended to read: 16 § 6105. Persons not to possess, use, manufacture, control, sell 17 or transfer firearms. 18 * * * 19 (b) Enumerated offenses.--The following offenses shall apply 20 to subsection (a): 21 Section 908 (relating to prohibited offensive weapons). 22 Section 911 (relating to corrupt organizations). 23 Section 912 (relating to possession of weapon on school 24 property). 25 Section 2502 (relating to murder). 26 Section 2503 (relating to voluntary manslaughter). 27 Section 2504 (relating to involuntary manslaughter) if 28 the offense is based on the reckless use of a firearm. 29 Section 2702 (relating to aggravated assault). 30 Section 2703 (relating to assault by prisoner). 20050S0557B2172 - 11 -
1 Section 2704 (relating to assault by life prisoner). 2 Section 2709.1 (relating to stalking). 3 Section 2716 (relating to weapons of mass destruction). 4 Section 2901 (relating to kidnapping). 5 Section 2902 (relating to unlawful restraint). 6 Section 2910 (relating to luring a child into a motor 7 vehicle). 8 Section 3121 (relating to rape). 9 Section 3123 (relating to involuntary deviate sexual 10 intercourse). 11 Section 3125 (relating to aggravated indecent assault). 12 Section 3301 (relating to arson and related offenses). 13 Section 3302 (relating to causing or risking 14 catastrophe). 15 Section 3502 (relating to burglary). 16 Section 3503 (relating to criminal trespass) if the 17 offense is graded a felony of the second degree or higher. 18 Section 3701 (relating to robbery). 19 Section 3702 (relating to robbery of motor vehicle). 20 Section 3921 (relating to theft by unlawful taking or 21 disposition) upon conviction of the second felony offense. 22 Section 3923 (relating to theft by extortion) when the 23 offense is accompanied by threats of violence. 24 Section 3925 (relating to receiving stolen property) upon 25 conviction of the second felony offense. 26 Section 4912 (relating to impersonating a public servant) 27 if the person is impersonating a law enforcement officer. 28 Section 4952 (relating to intimidation of witnesses or 29 victims). 30 Section 4953 (relating to retaliation against witness or 20050S0557B2172 - 12 -
1 victim).
2 Section 5121 (relating to escape).
3 Section 5122 (relating to weapons [or implements for
4 escape], implements of escape or dangerous material).
5 Section 5501(3) (relating to riot).
6 Section 5515 (relating to prohibiting of paramilitary
7 training).
8 Section 5516 (relating to facsimile weapons of mass
9 destruction).
10 Section 6110.1 (relating to possession of firearm by
11 minor).
12 Section 6301 (relating to corruption of minors).
13 Section 6302 (relating to sale or lease of weapons and
14 explosives).
15 Any offense equivalent to any of the above-enumerated
16 offenses under the prior laws of this Commonwealth or any
17 offense equivalent to any of the above-enumerated offenses
18 under the statutes of any other state or of the United
19 States.
20 * * *
21 Section 3. This act shall take effect in 60 days.
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