SENATE AMENDED
PRIOR PRINTER'S NOS. 449, 2223 PRINTER'S NO. 2740
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
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
OCTOBER 23, 2001
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for intimidation of witnesses and
4 victims; 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
1 any information, document or thing relating to the commission
2 of a crime.
3 (2) Give any false or misleading information or
4 testimony relating to the commission of any crime to any law
5 enforcement officer, prosecuting official or judge.
6 (3) Withhold any testimony, information, document or
7 thing relating to the commission of a crime from any law
8 enforcement officer, prosecuting official or judge.
9 (4) Give any false or misleading information or
10 testimony or refrain from giving any testimony, information,
11 document or thing, relating to the commission of a crime, to
12 an attorney representing a criminal defendant.
13 (5) Elude, evade or ignore any request to appear or
14 legal process summoning him to appear to testify or supply
15 evidence.
16 (6) Absent himself from any proceeding or investigation
17 to which he has been legally summoned.
18 (b) Grading.--
19 (1) The offense is a felony of the [third] degree
20 indicated in paragraphs (2) through (4) if:
21 [(1)] (i) The actor employs force, violence or
22 deception, or threatens to employ force or violence, upon
23 the witness or victim or, with the requisite intent or
24 knowledge upon any other person.
25 [(2)] (ii) The actor offers any pecuniary or other
26 benefit to the witness or victim or, with the requisite
27 intent or knowledge, to any other person.
28 [(3)] (iii) The actor's conduct is in furtherance of
29 a conspiracy to intimidate a witness or victim.
30 [(4)] (iv) The actor [solicits another to or]
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1 accepts [or], agrees or solicits another to accept any
2 pecuniary or other benefit to intimidate a witness or
3 victim.
4 [(5)] (v) The actor has suffered any prior conviction
5 for any violation of this [title] section or any predecessor
6 law hereto, or has been convicted, under any Federal statute
7 or statute of any other state, of an act which would be a
8 violation of this [title] section if committed in this State.
9 (2) The offense is a felony of the first degree if a
10 felony of the first degree or murder in the first or second
11 degree was charged in the case in which the actor sought to
12 influence or intimidate a witness or victim as specified in
13 this subsection.
14 (3) The offense is a felony of the second degree if a
15 felony of the second degree is the most serious offense
16 charged in the case in which the actor sought to influence or
17 intimidate a witness or victim as specified in this
18 subsection.
19 (4) The offense is a felony of the third degree in any
20 other case in which the actor sought to influence or
21 intimidate a witness or victim as specified in this
22 subsection.
23 (5) Otherwise the offense is a misdemeanor of the second
24 degree.
25 Section 2. Title 42 is amended by adding a section to read:
26 § 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 CIVIL OR <--
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1 criminal trial 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 (b) Grading.--
14 (1) The offense is a felony of the first degree if
15 murder in the first degree or second degree or a felony of
16 the first degree is the highest classification of crime
17 submitted for deliberation to the jury of which the juror is
18 a member.
19 (2) The offense is a felony of the second degree if a
20 felony of the second degree is the highest classification of
21 crime submitted for deliberation to the jury of which the
22 juror is a member.
23 (3) The offense is a felony of the third degree for any
24 other violation of this section.
25 Section 3. This act shall take effect in 60 days.
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