HOUSE AMENDED
PRIOR PRINTER'S NO. 952 PRINTER'S NO. 1583
No. 820 Session of 2001
INTRODUCED BY CORMAN, MOWERY, COSTA, EARLL, GERLACH, KITCHEN,
ORIE, SCARNATI, STACK, STOUT, THOMPSON, TILGHMAN, TOMLINSON,
WAUGH, D. WHITE, M. WHITE AND SCHWARTZ, MAY 2, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further prohibiting contraband.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 5123 of Title 18 of the Pennsylvania
6 Consolidated Statutes is amended by adding subsections to read:
7 § 5123. Contraband.
8 * * *
9 (c.1) Telecommunication devices to inmates prohibited.--A
10 person commits a misdemeanor of the first degree if, without the
11 written permission of superintendent, warden or otherwise
12 authorized individual in charge of a State or county <--
13 correctional institution or, PRISON, JAIL, DETENTION FACILITY OR <--
14 MENTAL hospital, he sells, gives or furnishes to any inmate in a
15 prison or in a CORRECTIONAL INSTITUTION, PRISON, JAIL, DETENTION <--
16 FACILITY OR mental hospital, or any building appurtenant
1 thereto, or puts in any place where it may be obtained by an
2 inmate of a prison or CORRECTIONAL INSTITUTION, PRISON, JAIL, <--
3 DETENTION FACILITY OR mental hospital, any telecommunication
4 device.
5 (c.2) Possession of telecommunication devices by inmates
6 prohibited.--An inmate in a prison or CORRECTIONAL INSTITUTION, <--
7 PRISON, JAIL, DETENTION FACILITY OR mental hospital, or any
8 building appurtenant thereto, commits a misdemeanor of the first
9 degree if he has in his possession any telecommunication device
10 without the written permission of THE superintendent, warden or <--
11 otherwise authorized individual in charge of a State or county <--
12 correctional institution, PRISON, JAIL, DETENTION FACILITY or <--
13 mental hospital.
14 * * *
15 (e) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "INMATE." A MALE OR FEMALE OFFENDER WHO IS COMMITTED TO, <--
19 UNDER SENTENCE TO OR CONFINED IN A PENAL OR CORRECTIONAL
20 INSTITUTION.
21 "Telecommunication device." Any type of instrument, device,
22 machine or equipment which is capable of transmitting
23 telephonic, electronic, digital, cellular or radio
24 communications or any part of such instrument, device, machine
25 or equipment which is capable of facilitating the transmission
26 of telephonic, electronic, digital, cellular or radio
27 communications. The term shall include, but not be limited to,
28 cellular phones, digital phones and modem equipment devices.
29 Section 2. This act shall take effect in 60 days.
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