THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, ERICKSON, FONTANA, TARTAGLIONE, GORDNER, TOMLINSON, FOLMER, BAKER, ORIE, RAFFERTY, FERLO, BROWNE, EARLL, WAUGH, O'PAKE, COSTA, LOGAN AND BOSCOLA, JANUARY 29, 2009

AS AMENDED ON SECOND CONSIDERATION, MARCH 10, 2009   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in obstructing governmental

operations, further providing for the offense of weapons or

implements for escape and for contraband; and making a

conforming amendment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 5122 and 5123 of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 5122.  Weapons [or], implements for escape or dangerous

material.

(a)  Offenses defined.--

(1)  [A person commits a misdemeanor of the first] An

individual commits a felony of the second degree if he

[unlawfully introduces within a detention facility,

correctional institution or mental hospital, or unlawfully

provides an inmate thereof with any weapon, tool, implement,

or other thing] delivers to a confined person a weapon,

implement for escape, dangerous material or other item which

may be used for escape.

(2)  [An inmate] A confined person commits a [misdemeanor

of the first] felony of the second degree if he [unlawfully

procures, makes or otherwise provides himself with, or

unlawfully has in his possession or under his control, any

weapon, tool, implement or other thing] possesses a weapon,

implement for escape, dangerous material or other item which

may be used for escape.

(b)  [Definitions.--

(1)  As used in this section, the word "unlawfully" means

surreptitiously or contrary to law, regulation or order of

the detaining authority.

(2)  As used in this section, the word "weapon" means any

implement readily capable of lethal use and shall include any

firearm, ammunition, knife, dagger, razor, other cutting or

stabbing implement or club, including any item which has been

modified or adopted so that it can be used as a firearm,

ammunition, knife, dagger, razor, other cutting or stabbing

implement, or club. The word "firearm" includes an unloaded

firearm and the unassembled components of a firearm.]

Definitions.--As used in this section, the following words

and phrases shall have the meanings given to them in this

subsection:

"Confined person."  An individual committed pursuant to a

court order to a facility, regardless of whether the individual

is temporarily absent from the facility due to medical

treatment, transportation, court appearance or other reason for

a temporary absence.

"Dangerous material."  Any incendiary material or device,

highly flammable or caustic liquid, explosive, bullet or other

material readily capable of causing death or serious bodily

injury.

"Delivers."  The transfer of a weapon, implement for escape

or dangerous material to a confined person in a facility. The

term includes taking or introducing a weapon, implement for

escape or dangerous material into a facility, on land granted

to, owned by or leased by the Commonwealth or a political

subdivision that is related to the confinement of persons. The

term includes putting a weapon, implement for escape or

dangerous material in a place where it may be obtained by a

confined person.

"Facility."  Correctional institution, forensic unit of a

<--

State mental hospital, youth development center, youth forestry

camp or other facility for the detention or incarceration of

individuals pursuant to court order, building appurtenant

thereto or any other place where a confined person is located.

"Implement for escape."  A tool, implement, device, equipment

or other item that can facilitate, aid or conceal an escape or

attempted escape by a confined person.

"Weapon."  An implement readily capable of lethal use,

including any firearm, knife, dagger, razor, other cutting or

stabbing implement or club. The term includes any item which has

been modified or adapted so that it can be used as a firearm,

knife, dagger, razor, other cutting or stabbing implement or

club. For purposes of this definition, the term "firearm"

includes an unloaded firearm or the unassembled components of a

firearm.

§ 5123.  Contraband.

(a)  [Controlled] Delivery of controlled substance contraband

to confined persons prohibited.--[A person] An individual 

commits a felony of the second degree if he [sells, gives,

transmits or furnishes to any convict in a prison, or inmate in

a mental hospital, or gives away in or brings into any prison,

mental hospital, or any building appurtenant thereto, or on the

land granted to or owned or leased by the Commonwealth or county

for the use and benefit of the prisoners or inmates, or puts in

any place where it may be secured by a convict of a prison,

inmate of a mental hospital, or employee thereof, any] delivers

a controlled substance included in Schedules I through V of the

act of April 14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act, to a confined person

or employee of a facility (except the ordinary hospital supply

of the [prison or mental hospital] facility) without a written

permit signed by the physician of [such institution] the

facility, specifying the quantity and quality of the substance

which may be furnished to [any convict, inmate, or employee in

the prison or mental hospital,] the confined person, the name of

the [prisoner, inmate, or employee for whom,] confined person 

and the time when the same may be furnished[, which permit shall

be delivered to and kept by the warden or superintendent of the

prison or mental hospital].

(a.1)  Mandatory minimum penalty.--[Any person]

(1)  An individual convicted of a violation of subsection

(a) shall be sentenced to a minimum sentence of at least two

years of total confinement, notwithstanding any other

provision of this title or any other statute to the contrary.

Nothing in this subsection shall prevent the sentencing court

from imposing a sentence greater than that provided in this

subsection, up to the maximum penalty prescribed by this

title for a felony of the second degree. There shall be no

authority in any court to impose on an offender to which this

subsection is applicable any lesser sentence than provided

for in subsection (a) or to place such offender on probation

or to suspend sentence. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this subsection. If a

sentencing court refuses to apply this subsection where

applicable, the Commonwealth shall have the right to

appellate review of the action of the sentencing court. The

appellate court shall vacate the sentence and remand the case

to the sentencing court for imposition of a sentence in

accordance with this subsection if it finds that the sentence

was imposed in violation of this subsection.

(2)  Nothing in this subsection shall be construed to

preclude prosecution for a more serious violation of The

Controlled Substance, Drug, Device and Cosmetic Act.

(a.2)  Possession of controlled substance contraband by

[inmate] confined persons prohibited.--[A prisoner or inmate] A

confined person commits a felony of the second degree if he

unlawfully has in his possession or under his control any

controlled substance in violation of section 13(a)(16) of The

Controlled Substance, Drug, Device and Cosmetic Act. For

purposes of this subsection, no amount shall be deemed de

minimis.

(b)  [Money] Delivery of money to inmates prohibited.--[A

person] An individual commits a misdemeanor of the [third] first 

degree if he [gives or furnishes money to any inmate confined in

a State or county] delivers money to an inmate committed to a 

correctional institution as defined in section 501 (relating to

definitions), provided notice of this prohibition is adequately

posted at the institution. [A person] An individual may,

however, deposit money with the superintendent, warden, or other

authorized individual in charge of a [State or county] 

correctional institution for the benefit and use of an inmate

confined therein, which shall be credited to the inmate's

account and expended in accordance with the rules and

regulations of the institution. The person making the deposit

shall be provided with a written receipt for the amount

deposited.

(c)  [Contraband other than controlled substance.--A person] 

Delivery of other contraband to confined persons prohibited.--An

individual commits a misdemeanor of the first degree if he

[sells, gives or furnishes to any convict in a prison, or inmate

in a mental hospital, or gives away in or brings into any

prison, mental hospital, or any building appurtenant thereto, or

on the land granted to or owned or leased by the Commonwealth or

county for the use and benefit of the prisoners or inmates, or

puts in any place where it may be secured by a convict of a

prison, inmate of a mental hospital, or employee thereof,] 

delivers to a confined person:

(1)  any kind of spirituous or fermented liquor, poison

or medicine [or poison] (except the ordinary hospital supply

of the [prison or mental hospital] facility) without a

written permit signed by the physician of [such institution] 

the facility, specifying the quantity and quality of the

substance which may be furnished to [any convict, inmate or

employee in the prison or mental hospital, the name of the

prisoner, inmate or employee for whom,] the confined person,

the name of the confined person and the time when the same

may be furnished[, which permit shall be delivered to and

kept by the warden or superintendent of the prison or mental

hospital.]; or

(2)  an unauthorized item that is readily capable of

concealing an item prohibited under section 5122 (relating to

weapons, implements for escape or dangerous material) or this

section.

(c.1)  [Telecommunication] Delivery of telecommunication 

devices to [inmates] confined persons prohibited.--A person

commits a misdemeanor of the first degree if, without the

written permission of superintendent, warden or otherwise

authorized individual in charge of a [correctional institution,

prison, jail, detention facility or mental hospital, he sells,

gives or furnishes] facility, he delivers to any [inmate] 

confined person in a [correctional institution, prison, jail,

detention facility or mental hospital, or any building

appurtenant thereto] facility, or puts in any place where it may

be obtained by [an inmate] a confined person [of a correctional

institution, prison, jail, detention facility or mental

hospital], any telecommunication device.

(c.2)  Possession of telecommunication devices by [inmates] 

confined persons prohibited.--[An inmate in a correctional

institution, prison, jail, detention facility or mental

hospital, or any building appurtenant thereto,] A confined

person in a facility commits a misdemeanor of the first degree

if he has in his possession any telecommunication device without

the written permission of the superintendent, warden or

otherwise authorized individual in charge of [a correctional

institution, prison, jail, detention facility or mental

hospital] the facility.

(c.3)  Possession of money or other contraband by a confined

person.--A confined person commits a misdemeanor of the first

degree if he possesses anything the delivery of which is

prohibited under subsection (b) or (c).

(c.4)  Applicability.--The provisions of subsections (c.1)

<--

and (c.2) shall not apply to civil units of mental hospitals.

(d)  Drug-sniffing animals.--Any jail or prison may use dogs

or other animals trained to sniff [controlled substances or

other contraband] anything the delivery of which is prohibited

under this section for such purposes in or on any part of the

jail or prison at any time.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Confined person."  An individual committed pursuant to a

court order to a facility, regardless of whether the individual

is temporarily absent due to medical treatment, transportation,

court appearance or other reason for a temporary absence.

"Delivers."  Sells, gives, transmits, furnishes or otherwise

transfers anything prohibited under this section to a confined

person in a facility.

"Facility."  Correctional institution, forensic unit of a

<--

State mental hospital, youth development center, youth forestry

camp or other facility for the detention or incarceration of

individuals pursuant to court order, building appurtenant

thereto or any other place where a confined person is located.

["Inmate."  A male or female offender who is committed to,

under sentence to or confined in a penal or correctional

institution.]

"Telecommunication device."  Any type of instrument, device,

machine or equipment which is capable of transmitting

telephonic, electronic, digital, cellular or radio

communications or any part of such instrument, device, machine

or equipment which is capable of facilitating the transmission

of telephonic, electronic, digital, cellular or radio

communications. The term shall include, but not be limited to,

cellular phones, digital phones and modem equipment devices.

Section 2.  Section 6105(b) of Title 18, amended October 17,

2008 (P.L.1628, No.131), is amended to read:

§ 6105.  Persons not to possess, use, manufacture, control, sell

or transfer firearms.

* * *

(b)  Enumerated offenses.--The following offenses shall apply

to subsection (a):

Section 908 (relating to prohibited offensive weapons).

Section 911 (relating to corrupt organizations).

Section 912 (relating to possession of weapon on school

property).

Section 2502 (relating to murder).

Section 2503 (relating to voluntary manslaughter).

Section 2504 (relating to involuntary manslaughter) if

the offense is based on the reckless use of a firearm.

Section 2702 (relating to aggravated assault).

Section 2703 (relating to assault by prisoner).

Section 2704 (relating to assault by life prisoner).

Section 2709.1 (relating to stalking).

Section 2716 (relating to weapons of mass destruction).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor

vehicle or structure).

Section 3121 (relating to rape).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3125 (relating to aggravated indecent assault).

Section 3301 (relating to arson and related offenses).

Section 3302 (relating to causing or risking

catastrophe).

Section 3502 (relating to burglary).

Section 3503 (relating to criminal trespass) if the

offense is graded a felony of the second degree or higher.

Section 3701 (relating to robbery).

Section 3702 (relating to robbery of motor vehicle).

Section 3921 (relating to theft by unlawful taking or

disposition) upon conviction of the second felony offense.

Section 3923 (relating to theft by extortion) when the

offense is accompanied by threats of violence.

Section 3925 (relating to receiving stolen property) upon

conviction of the second felony offense.

Section 4906 (relating to false reports to law

enforcement authorities) if the fictitious report involved

the theft of a firearm as provided in section 4906(c)(2).

Section 4912 (relating to impersonating a public servant)

if the person is impersonating a law enforcement officer.

Section 4952 (relating to intimidation of witnesses or

victims).

Section 4953 (relating to retaliation against witness,

victim or party).

Section 5121 (relating to escape).

Section 5122 (relating to weapons [or], implements for

escape or dangerous material).

Section 5501(3) (relating to riot).

Section 5515 (relating to prohibiting of paramilitary

training).

Section 5516 (relating to facsimile weapons of mass

destruction).

Section 6110.1 (relating to possession of firearm by

minor).

Section 6301 (relating to corruption of minors).

Section 6302 (relating to sale or lease of weapons and

explosives).

Any offense equivalent to any of the above-enumerated

offenses under the prior laws of this Commonwealth or any

offense equivalent to any of the above-enumerated offenses under

the statutes of any other state or of the United States.

* * *

Section 3.  This act shall take effect in 60 days.