PRIOR PRINTER'S NOS. 952, 1583, 1616 PRINTER'S NO. 1798
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, MARCH 18, 2002
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, FAMILY MEMBERS OF VICTIMS and <--
4 witnesses; and further prohibiting contraband.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 4957 and 5123 of Title 18 of the <--
8 Pennsylvania Consolidated Statutes are amended by adding
9 subsections to read:
10 § 4957. Protection of employment of crime victims and
11 witnesses.
12 * * *
13 (d) Definition.--As used in this section, the term "victim"
14 shall have the same meaning given to it in section 103 of the
15 act of November 24, 1998 (P.L.882, No.111), known as the Crime
16 Victims Act.
17 SECTION 1. SECTION 4957 HEADING AND (A) OF TITLE 18 OF THE <--
18 PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS
1 AMENDED BY ADDING A SUBSECTION TO READ:
2 § 4957. PROTECTION OF EMPLOYMENT OF CRIME VICTIMS, FAMILY
3 MEMBERS OF VICTIMS AND WITNESSES.
4 (A) GENERAL RULE.--AN EMPLOYER SHALL NOT DEPRIVE AN EMPLOYEE
5 OF HIS EMPLOYMENT, SENIORITY POSITION OR BENEFITS, OR THREATEN
6 OR OTHERWISE COERCE HIM WITH RESPECT THERETO, BECAUSE THE
7 EMPLOYEE ATTENDS COURT BY REASON OF BEING A VICTIM OF, OR A
8 WITNESS TO, A CRIME OR A MEMBER OF SUCH VICTIM'S FAMILY. NOTHING
9 IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE EMPLOYER TO
10 COMPENSATE THE EMPLOYEE FOR EMPLOYMENT TIME LOST BECAUSE OF SUCH
11 COURT ATTENDANCE.
12 * * *
13 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
14 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
15 SUBSECTION:
16 "FAMILY." THIS TERM SHALL HAVE THE SAME MEANING AS IN
17 SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111),
18 KNOWN AS THE CRIME VICTIMS ACT.
19 "VICTIM." THIS TERM SHALL HAVE THE SAME MEANING AS "DIRECT
20 VICTIM" IN SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882,
21 NO.111), KNOWN AS THE CRIME VICTIMS ACT.
22 SECTION 2. SECTION 5123 OF TITLE 18 IS AMENDED BY ADDING
23 SUBSECTIONS TO READ:
24 § 5123. Contraband.
25 * * *
26 (c.1) Telecommunication devices to inmates prohibited.--A
27 person commits a misdemeanor of the first degree if, without the
28 written permission of superintendent, warden or otherwise
29 authorized individual in charge of a correctional institution,
30 prison, jail, detention facility or mental hospital, he sells,
20010S0820B1798 - 2 -
1 gives or furnishes to any inmate in a correctional institution,
2 prison, jail, detention facility or mental hospital, or any
3 building appurtenant thereto, or puts in any place where it may
4 be obtained by an inmate of a correctional institution, prison,
5 jail, detention facility or mental hospital, any
6 telecommunication device.
7 (c.2) Possession of telecommunication devices by inmates
8 prohibited.--An inmate in a correctional institution, prison,
9 jail, detention facility or mental hospital, or any building
10 appurtenant thereto, commits a misdemeanor of the first degree
11 if he has in his possession any telecommunication device without
12 the written permission of the superintendent, warden or
13 otherwise authorized individual in charge of a correctional
14 institution, prison, jail, detention facility or mental
15 hospital.
16 * * *
17 (e) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Inmate." A male or female offender who is committed to,
21 under sentence to or confined in a penal or correctional
22 institution.
23 "Telecommunication device." Any type of instrument, device,
24 machine or equipment which is capable of transmitting
25 telephonic, electronic, digital, cellular or radio
26 communications or any part of such instrument, device, machine
27 or equipment which is capable of facilitating the transmission
28 of telephonic, electronic, digital, cellular or radio
29 communications. The term shall include, but not be limited to,
30 cellular phones, digital phones and modem equipment devices.
20010S0820B1798 - 3 -
1 Section 2 3. This act shall take effect in 60 days. <--
C30L18SFL/20010S0820B1798 - 4 -