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                                                      PRINTER'S NO. 1645

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1216 Session of 2007


        INTRODUCED BY KITCHEN, TARTAGLIONE, HUGHES, FUMO AND STACK,
           DECEMBER 10, 2007

        REFERRED TO JUDICIARY, DECEMBER 10, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for corrupt
     3     organizations.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 911(h)(1) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 911.  Corrupt organizations.
     9     * * *
    10     (h)  Definitions.--As used in this section:
    11         (1)  "Racketeering activity" means all of the following:
    12             (i)  An act which is indictable under any of the
    13         following provisions of this title:
    14                 Chapter 25 (relating to criminal homicide)
    15                 Section 2706 (relating to terroristic threats)
    16                 Chapter 29 (relating to kidnapping)
    17                 Chapter 30 (relating to trafficking of persons)
    18                 Chapter 33 (relating to arson, criminal mischief

     1             and other property destruction)
     2                 Chapter 37 (relating to robbery)
     3                 Chapter 39 (relating to theft and related
     4             offenses)
     5                 Section 4108 (relating to commercial bribery and
     6             breach of duty to act disinterestedly)
     7                 Section 4109 (relating to rigging publicly
     8             exhibited contest)
     9                 Section 4117 (relating to insurance fraud)
    10                 Chapter 47 (relating to bribery and corrupt
    11             influence)
    12                 Chapter 49 (relating to falsification and
    13             intimidation)
    14                 Section 5111 (relating to dealing in proceeds of
    15             unlawful activities)
    16                 Section 5512 (relating to lotteries, etc.)
    17                 Section 5513 (relating to gambling devices,
    18             gambling, etc.)
    19                 Section 5514 (relating to pool selling and
    20             bookmaking)
    21                 Chapter 59 (relating to public indecency).
    22             (ii)  An offense indictable under section 13 of the
    23         act of April 14, 1972 (P.L.233, No.64), known as The
    24         Controlled Substance, Drug, Device and Cosmetic Act
    25         [(relating to the sale and dispensing of narcotic
    26         drugs)].
    27             (iii)  A conspiracy to commit any of the offenses set
    28         forth in [subparagraph] subparagraphs (i), (ii) and (v).
    29             (iv)  The collection of any money or other property
    30         in full or partial satisfaction of a debt which arose as
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     1         the result of the lending of money or other property at a
     2         rate of interest exceeding 25% per annum or the
     3         equivalent rate for a longer or shorter period, where not
     4         otherwise authorized by law.
     5             (v)  An offense indictable under 4 Pa.C.S. Pt. II
     6         (relating to gaming).
     7             (vi)  Knowingly and intentionally selling, delivering
     8         or transferring a firearm, as defined in section 6102
     9         (relating to definitions), to any person, purchaser or
    10         transferee who is unqualified or ineligible to control,
    11         possess or use a firearm under Ch. 61 (relating to
    12         firearms and other dangerous articles).
    13     An act which otherwise would be considered racketeering
    14     activity by reason of the application of this paragraph,
    15     shall not be excluded from its application solely because the
    16     operative acts took place outside the jurisdiction of this
    17     Commonwealth, if such acts would have been in violation of
    18     the law of the jurisdiction in which they occurred.
    19         * * *
    20     Section 2.  This act shall take effect in 60 days.







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