PRIOR PRINTER'S NO. 449 PRINTER'S NO. 2223
No. 17 Session of 2001
INTRODUCED BY L. I. COHEN, M. BAKER, BELARDI, BELFANTI, CASORIO, CIVERA, M. COHEN, DeLUCA, EGOLF, J. EVANS, FRANKEL, HARHAI, HENNESSEY, HORSEY, LYNCH, MICHLOVIC, READSHAW, RUBLEY, SAYLOR, SEMMEL, SOLOBAY, THOMAS, TRICH, WILT, WOJNAROSKI AND YOUNGBLOOD, FEBRUARY 5, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 13, 2001
AN ACT 1 Amending Title TITLES 18 (Crimes and Offenses) AND 42 (JUDICIARY <-- 2 AND JUDICIAL PROCEDURE) of the Pennsylvania Consolidated 3 Statutes, further providing for intimidation of witnesses and 4 victims and for; AND PROVIDING FOR AGGRAVATED jury tampering. <-- 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 4952 of Title 18 of the Pennsylvania 8 Consolidated Statutes is amended to read: 9 § 4952. Intimidation of witnesses or victims. 10 (a) Offense defined.--A person commits an offense if, with 11 the intent to or with the knowledge that his conduct will 12 obstruct, impede, impair, prevent or interfere with the 13 administration of criminal justice, he intimidates or attempts 14 to intimidate any witness or victim to: 15 (1) Refrain from informing or reporting to any law 16 enforcement officer, prosecuting official or judge concerning 17 any information, document or thing relating to the commission
1 of a crime. 2 (2) Give any false or misleading information or 3 testimony relating to the commission of any crime to any law 4 enforcement officer, prosecuting official or judge. 5 (3) Withhold any testimony, information, document or 6 thing relating to the commission of a crime from any law 7 enforcement officer, prosecuting official or judge. 8 (4) Give any false or misleading information or 9 testimony or refrain from giving any testimony, information, 10 document or thing, relating to the commission of a crime, to 11 an attorney representing a criminal defendant. 12 (5) Elude, evade or ignore any request to appear or 13 legal process summoning him to appear to testify or supply 14 evidence. 15 (6) Absent himself from any proceeding or investigation 16 to which he has been legally summoned. 17 (b) Grading.-- 18 (1) The offense is a felony of the [third] degree 19 indicated in paragraphs (2) through (4) if: 20 [(1)] (i) The actor employs force, violence or 21 deception, or threatens to employ force or violence, upon 22 the witness or victim or, with the requisite intent or 23 knowledge upon any other person. 24 [(2)] (ii) The actor offers any pecuniary or other 25 benefit to the witness or victim or, with the requisite 26 intent or knowledge, to any other person. 27 [(3)] (iii) The actor's conduct is in furtherance of 28 a conspiracy to intimidate a witness or victim. 29 [(4)] (iv) The actor [solicits another to or] 30 accepts [or], agrees or solicits another to accept any 20010H0017B2223 - 2 -
1 pecuniary or other benefit to intimidate a witness or 2 victim. 3 [(5)] (v) The actor has suffered any prior conviction 4 for any violation of this [title] SECTION or any predecessor <-- 5 law hereto, or has been convicted, under any Federal statute 6 or statute of any other state, of an act which would be a 7 violation of this [title] SECTION if committed in this State. <-- 8 (2) The offense is a felony of the first degree if a 9 felony of the first degree or murder in the first or second 10 degree was charged in the case in which the actor sought to 11 influence or intimidate a witness or victim as specified in 12 this subsection. 13 (3) The offense is a felony of the second degree if a 14 felony of the second degree is the most serious offense 15 charged in the case in which the actor sought to influence or 16 intimidate a witness or victim as specified in this 17 subsection. 18 (4) The offense is a felony of the third degree in any 19 other case in which the actor sought to influence or 20 intimidate a witness or victim as specified in this 21 subsection. 22 (5) Otherwise the offense is a misdemeanor of the second 23 degree. 24 Section 2. Title 18 42 is amended by adding a section to <-- 25 read: 26 § 4958 4583.1. Aggravated jury tampering. <-- 27 (a) Offense defined.--A person commits the offense of 28 aggravated jury tampering if the person influences, intimidates 29 or impedes or attempts to influence, intimidate or impede a 30 juror in the discharge of the juror's duties in a criminal trial 20010H0017B2223 - 3 -
1 and: 2 (1) The actor employs force, violence or deception, or 3 threatens to employ force or violence, upon the juror or, 4 with the requisite intent or knowledge, upon any other 5 person. 6 (2) The actor offers any pecuniary or other benefit to 7 the juror or, with the requisite intent or knowledge, to any 8 other person. 9 (3) The actor's conduct is in furtherance of a 10 conspiracy to intimidate a juror. 11 (4) The actor accepts, agrees or solicits another to 12 accept any pecuniary or other benefit to intimidate a juror. 13 (5) The actor has suffered any prior conviction for any <-- 14 violation of this title or any predecessor law hereto, or has 15 been convicted, under any Federal statute or statute of any 16 other state, of an act which would be a violation of this 17 title if committed in this State. 18 (b) Grading.-- 19 (1) The offense is a felony of the first degree if 20 murder in the first degree or second degree or a felony of 21 the first degree is the highest classification of crime 22 submitted for deliberation to the jury of which the juror is 23 a member. 24 (2) The offense is a felony of the second degree if a 25 felony of the second degree is the highest classification of 26 crime submitted for deliberation to the jury of which the 27 juror is a member. 28 (3) The offense is a felony of the third degree for any 29 other violation of this section. 30 Section 3. This act shall take effect in 60 days. L28L18JS/20010H0017B2223 - 4 -