PRIOR PRINTER'S NO. 56 PRINTER'S NO. 987
No. 77 Session of 1999
INTRODUCED BY WOJNAROSKI, BELARDI, READSHAW, M. COHEN, PESCI,
HALUSKA, STABACK, CASORIO, BARRAR, WOGAN, WILT, SEYFERT,
WILLIAMS, HARHAI, TRELLO, MELIO, SOLOBAY, CIVERA AND ROSS,
JANUARY 20, 1999
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 16, 1999
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 escape; and providing for
4 escape from a detention facility.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5121(d) of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 5121. Escape.
10 * * *
11 (d) Grading.--
12 (1) An offense under this section is a felony of the
13 [third] second degree where:
14 (i) the actor was under arrest for or detained on a
15 charge of felony or following conviction of crime;
16 (ii) the actor employs force, threat, deadly weapon
17 or other dangerous instrumentality to effect the escape;
1 or
2 (iii) a public servant concerned in detention of
3 persons convicted of crime intentionally facilitates or
4 permits an escape from a detention facility.
5 (2) Otherwise an offense under this section is a
6 [misdemeanor] felony of the [second] third degree. <--
7 MISDEMEANOR OF THE SECOND DEGREE. <--
8 * * *
9 Section 2. Title 42 is amended by adding a section to read:
10 § 9720.1. Escape from detention facility.
11 (a) General rule.--An individual shall be assigned to a
12 detention facility of greater security, as classified by the
13 Department of Corrections, to serve the remainder of the
14 individual's term of imprisonment and any additional term of
15 imprisonment if all of the following apply:
16 (1) The individual is sentenced for an offense under 18
17 Pa.C.S. § 5121(a) (relating to escape).
18 (2) At the time of the offense under paragraph (1), the
19 individual:
20 (i) resided in a detention facility; or
21 (ii) was on temporary leave from a detention
22 facility for a specific purpose or for a limited period
23 of time.
24 (b) Definition.--As used in this section, the term
25 "detention facility" means a facility in this Commonwealth used
26 for the custody of individuals under sentence for crimes but
27 does not include probation or parole supervision or constraint
28 incidental to release on bail.
29 Section 3. The amendment of 18 Pa.C.S. § 5121(d) shall apply
30 to offenses committed on or after the effective date of this
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1 act.
2 Section 4. This act shall take effect in 60 days.
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