PRIOR PRINTER'S NOS. 4448, 4478 PRINTER'S NO. 4575
No. 2874 Session of 2004
INTRODUCED BY O'BRIEN, ARMSTRONG, BOYD, CAPPELLI, CRAHALLA,
DALLY, DENLINGER, GEORGE, HENNESSEY, KELLER, KILLION,
R. MILLER, NAILOR, PAYNE, REICHLEY, SCAVELLO, SCHRODER,
B. SMITH, T. STEVENSON, E. Z. TAYLOR, YOUNGBLOOD AND WEBER,
OCTOBER 4, 2004
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 20, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for corrupt
3 organizations; and further providing, in wiretapping and
4 electronic surveillance, for EXCEPTIONS TO THE PROHIBITION OF <--
5 INTERCEPTION AND DISCLOSURE OF CERTAIN COMMUNICATIONS, FOR
6 orders and for expiration.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 911(e) and (h)(1) of Title 18 of the
10 Pennsylvania Consolidated Statutes are amended to read:
11 § 911. Corrupt organizations.
12 * * *
13 (e) Enforcement.--Notwithstanding any other provision of law <--
14 4 PA.C.S. § 1517(D) (RELATING TO ENFORCEMENT): <--
15 (1) The Attorney General shall have the power and duty
16 to enforce the provisions of this section, including the
17 authority to issue civil investigative demands pursuant to
18 subsection (f), institute proceedings under subsection (d),
1 and to take such actions as may be necessary to ascertain and
2 investigate alleged violations of this section.
3 (2) The Attorney General and the district attorneys of
4 the several counties shall have concurrent authority to
5 institute criminal proceedings under the provisions of this
6 section.
7 (3) Nothing contained in this subsection shall be
8 construed to limit the regulatory or investigative authority
9 of any department or agency of the Commonwealth whose
10 functions might relate to persons, enterprises, or matters
11 falling within the scope of this section.
12 * * *
13 (h) Definitions.--As used in this section:
14 (1) "Racketeering activity" means:
15 (i) any act which is indictable under any of the
16 following provisions of this title:
17 Chapter 25 (relating to criminal homicide)
18 Section 2706 (relating to terroristic threats)
19 Chapter 29 (relating to kidnapping)
20 Chapter 33 (relating to arson, etc.)
21 Chapter 37 (relating to robbery)
22 Chapter 39 (relating to theft and related
23 offenses)
24 Section 4108 (relating to commercial bribery and
25 breach of duty to act disinterestedly)
26 Section 4109 (relating to rigging publicly
27 exhibited contest)
28 Section 4117 (relating to insurance fraud)
29 Chapter 47 (relating to bribery and corrupt
30 influence)
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1 Chapter 49 (relating to falsification and
2 intimidation)
3 Section 5111 (relating to dealing in proceeds of
4 unlawful activities)
5 Section 5512 through 5514 (relating to gambling)
6 Chapter 59 (relating to public indecency)
7 (ii) any offense indictable under section 13 of the
8 act of April 14, 1972 (P.L.233, No.64), known as The
9 Controlled Substance, Drug, Device and Cosmetic Act
10 (relating to the sale and dispensing of narcotic drugs);
11 (iii) any conspiracy to commit any of the offenses
12 set forth in subparagraphs (i) [and (ii)], (ii) and (v)
13 of this paragraph; [or]
14 (iv) the collection of any money or other property
15 in full or partial satisfaction of a debt which arose as
16 the result of the lending of money or other property at a
17 rate of interest exceeding 25% per annum or the
18 equivalent rate for a longer or shorter period, where not
19 otherwise authorized by law[.]; or
20 (v) any offense indictable under 4 Pa.C.S. Pt. II
21 (relating to gaming).
22 Any act which otherwise would be considered racketeering
23 activity by reason of the application of this paragraph,
24 shall not be excluded from its application solely because the
25 operative acts took place outside the jurisdiction of this
26 Commonwealth, if such acts would have been in violation of
27 the law of the jurisdiction in which they occurred.
28 * * *
29 Section 2. Section 5708 of Title 18 is amended by adding a <--
30 paragraph to read:
20040H2874B4575 - 3 -
1 SECTION 2. SECTIONS 5704 AND 5708 OF TITLE 18 ARE AMENDED BY <--
2 ADDING PARAGRAPHS TO READ:
3 § 5704. EXCEPTIONS TO PROHIBITION OF INTERCEPTION AND
4 DISCLOSURE OF COMMUNICATIONS.
5 IT SHALL NOT BE UNLAWFUL AND NO PRIOR COURT APPROVAL SHALL BE
6 REQUIRED UNDER THIS CHAPTER FOR:
7 * * *
8 (17) A PERSON WHO IS A CONSUMER TO ELECTRONICALLY RECORD
9 A TELEPHONE CALL FROM A DEBT COLLECTOR SO DEFINED UNDER THE
10 ACT OF MARCH 28, 2000 (P.L.23, NO.7), KNOWN AS THE FAIR
11 CREDIT EXTENSION UNIFORMITY ACT, WITHOUT THE CONSENT OR
12 KNOWLEDGE OF THE DEBT COLLECTOR.
13 § 5708. Order authorizing interception of wire, electronic or
14 oral communications.
15 The Attorney General, or, during the absence or incapacity of
16 the Attorney General, a deputy attorney general designated in
17 writing by the Attorney General, or the district attorney or,
18 during the absence or incapacity of the district attorney, an
19 assistant district attorney designated in writing by the
20 district attorney of the county wherein the suspected criminal
21 activity has been, is or is about to occur, may make written
22 application to any Superior Court judge for an order authorizing
23 the interception of a wire, electronic or oral communication by
24 the investigative or law enforcement officers or agency having
25 responsibility for an investigation involving suspected criminal
26 activities when such interception may provide evidence of the
27 commission of any of the following offenses, or may provide
28 evidence aiding in the apprehension of the perpetrator or
29 perpetrators of any of the following offenses:
30 * * *
20040H2874B4575 - 4 -
1 (2.1) Under 4 Pa.C.S. Pt. II (relating to gaming).
2 * * *
3 Section 3. Section 5781 of Title 18 is amended to read:
4 [§ 5781. Expiration of chapter.
5 This chapter expires December 31, 2004, unless extended by
6 statute.]
7 Section 4. This act shall take effect as follows:
8 (1) The amendment or addition of 18 Pa.C.S. §§ 911(e)
9 and (h)(1) and 5708(2.1) shall take effect in 60 days.
10 (2) The remainder of this act shall take effect
11 immediately.
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