HOUSE AMENDED
PRIOR PRINTER'S NOS. 952, 1583 PRINTER'S NO. 1616
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further PROVIDING FOR PROTECTION OF <--
3 EMPLOYMENT OF CRIME VICTIMS AND WITNESSES; AND FURTHER
4 prohibiting contraband.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5123 of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended by adding subsections to read:
9 SECTION 1. SECTIONS 4957 AND 5123 OF TITLE 18 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED BY ADDING
11 SUBSECTIONS TO READ:
12 § 4957. PROTECTION OF EMPLOYMENT OF CRIME VICTIMS AND
13 WITNESSES.
14 * * *
15 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "VICTIM"
16 SHALL HAVE THE SAME MEANING GIVEN TO IT IN SECTION 103 OF THE
17 ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME
1 VICTIMS ACT.
2 § 5123. Contraband.
3 * * *
4 (c.1) Telecommunication devices to inmates prohibited.--A
5 person commits a misdemeanor of the first degree if, without the
6 written permission of superintendent, warden or otherwise
7 authorized individual in charge of a State or county <--
8 correctional institution or, PRISON, JAIL, DETENTION FACILITY OR <--
9 MENTAL hospital, he sells, gives or furnishes to any inmate in a
10 prison or in a CORRECTIONAL INSTITUTION, PRISON, JAIL, DETENTION <--
11 FACILITY OR mental hospital, or any building appurtenant
12 thereto, or puts in any place where it may be obtained by an
13 inmate of a prison or CORRECTIONAL INSTITUTION, PRISON, JAIL, <--
14 DETENTION FACILITY OR mental hospital, any telecommunication
15 device.
16 (c.2) Possession of telecommunication devices by inmates
17 prohibited.--An inmate in a prison or CORRECTIONAL INSTITUTION, <--
18 PRISON, JAIL, DETENTION FACILITY OR mental hospital, or any
19 building appurtenant thereto, commits a misdemeanor of the first
20 degree if he has in his possession any telecommunication device
21 without the written permission of THE superintendent, warden or <--
22 otherwise authorized individual in charge of a State or county <--
23 correctional institution, PRISON, JAIL, DETENTION FACILITY or <--
24 mental hospital.
25 * * *
26 (e) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "INMATE." A MALE OR FEMALE OFFENDER WHO IS COMMITTED TO, <--
30 UNDER SENTENCE TO OR CONFINED IN A PENAL OR CORRECTIONAL
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1 INSTITUTION.
2 "Telecommunication device." Any type of instrument, device,
3 machine or equipment which is capable of transmitting
4 telephonic, electronic, digital, cellular or radio
5 communications or any part of such instrument, device, machine
6 or equipment which is capable of facilitating the transmission
7 of telephonic, electronic, digital, cellular or radio
8 communications. The term shall include, but not be limited to,
9 cellular phones, digital phones and modem equipment devices.
10 Section 2. This act shall take effect in 60 days.
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