THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KITCHEN, WASHINGTON, COSTA, HUGHES, BOSCOLA, TARTAGLIONE, WILLIAMS, RAFFERTY, MELLOW, STACK, FERLO, FONTANA, MUSTO, ORIE, O'PAKE, BROWNE, LOGAN AND FARNESE, FEBRUARY 2, 2009

REFERRED TO JUDICIARY, FEBRUARY 2, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for intimidation of

witnesses or victims.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 4952 and 4953 of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 4952.  Intimidation of witnesses or victims.

(a)  Offense defined.--A person commits an offense if, with

the intent to or with the knowledge that his conduct will

obstruct, impede, impair, prevent or interfere with the

administration of criminal justice, he intimidates or attempts

to intimidate any witness or victim to:

(1)  Refrain from informing or reporting to any law

enforcement officer, prosecuting official or judge concerning

any information, document or thing relating to the commission

of a crime.

(2)  Give any false or misleading information or

testimony relating to the commission of any crime to any law

enforcement officer, prosecuting official or judge.

(3)  Withhold any testimony, information, document or

thing relating to the commission of a crime from any law

enforcement officer, prosecuting official or judge.

(4)  Give any false or misleading information or

testimony or refrain from giving any testimony, information,

document or thing, relating to the commission of a crime, to

an attorney representing a criminal defendant.

(5)  Elude, evade or ignore any request to appear or

legal process summoning him to appear to testify or supply

evidence.

(6)  Absent himself from any proceeding or investigation

to which he has been legally summoned.

(b)  Grading.--

(1)  The offense is a felony of the degree indicated in

paragraphs (2) [through (4)] and (3) if:

(i)  The actor employs force, violence or deception,

or threatens to employ force or violence, upon the

witness or victim or, with the requisite intent or

knowledge upon any other person.

(ii)  The actor offers any pecuniary or other benefit

to the witness or victim or, with the requisite intent or

knowledge, to any other person.

(iii)  The actor's conduct is in furtherance of a

conspiracy to intimidate a witness or victim.

(iv)  The actor accepts, agrees or solicits another

to accept any pecuniary or other benefit to intimidate a

witness or victim.

(v)  The actor has suffered any prior conviction for

any violation of this section or any predecessor law

hereto, or has been convicted, under any Federal statute

or statute of any other state, of an act which would be a

violation of this section if committed in this State.

(2)  The offense is a felony of the first degree if a

felony of the first degree or murder in the first or second

degree was charged in the case in which the actor sought to

influence or intimidate a witness or victim as specified in

this subsection.

(3)  The offense is a felony of the second degree [if a

felony of the second degree is the most serious offense

charged in the] in any other case in which the actor sought

to influence or intimidate a witness or victim as specified

in this subsection.

[(4)  The offense is a felony of the third degree in any

other case in which the actor sought to influence or

intimidate a witness or victim as specified in this

subsection.]

(5)  Otherwise the offense is a misdemeanor of the

[second] first degree.

§ 4953.  Retaliation against witness, victim or party.

(a)  Offense defined.--A person commits an offense if he

harms another by any unlawful act or engages in a course of

conduct or repeatedly commits acts which threaten another in

retaliation for anything lawfully done in the capacity of

witness, victim or a party in a civil matter.

(b)  Grading.--The offense is a felony of the [third] second 

degree if the retaliation is accomplished by any of the means

specified in section 4952(b)(1) through (5) (relating to

intimidation of witnesses or victims). Otherwise the offense is

a misdemeanor of the [second] first degree.

Section 2.  This act shall take effect in 60 days.