PRINTER'S NO. 1217
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1045
Session of
2017
INTRODUCED BY KORTZ, NEILSON, READSHAW, O'NEILL, A. HARRIS,
STAATS, GILLEN, B. MILLER, DeLUCA AND JOZWIAK, APRIL 3, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, further providing for the offense of contraband.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5123(b), (c), (c.1) and (c.2) of Title 18
of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
ยง 5123. Contraband.
* * *
(b) Money to inmates prohibited.--[A]
(1) Except as otherwise provided in paragraph (2), a
person commits a misdemeanor of the third degree if he gives
or furnishes money to any inmate confined in a State or
county correctional institution, provided notice of this
prohibition is adequately posted at the institution. A person
may, however, deposit money with the superintendent, warden,
or other authorized individual in charge of a State or county
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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.
(2) A second or subsequent violation of paragraph (1)
shall be graded as a felony of the third degree.
(c) Contraband other than controlled substance.--[A]
(1) Except as otherwise provided in paragraph (2), a
person 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,
any kind of spirituous or fermented liquor, medicine or
poison (except the ordinary hospital supply of the prison or
mental hospital) without a written permit signed by the
physician of such institution, 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, 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.
(2) A second or subsequent violation of paragraph (1)
shall be graded as a felony of the third degree.
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(c.1) Telecommunication devices to inmates prohibited.--[A]
(1) Except as otherwise provided in paragraph (2), 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 to any inmate in a
correctional institution, prison, jail, detention facility or
mental hospital, or any building appurtenant thereto, or puts
in any place where it may be obtained by an inmate of a
correctional institution, prison, jail, detention facility or
mental hospital, any telecommunication device.
(2) A second or subsequent violation of paragraph (1)
shall be graded as a felony of the third degree.
(c.2) Possession of telecommunication devices by inmates
prohibited.--[An]
(1) Except as otherwise provided in paragraph (2), an
inmate in a correctional institution, prison, jail, detention
facility or mental hospital, or any building appurtenant
thereto, 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.
(2) A second or subsequent violation of paragraph (1)
shall be graded as a felony of the third degree.
(c.3) Possession of telecommunication devices by visitors
and staff prohibited.--
(1) Except as otherwise provided under paragraph (2), a
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visitor or staff member of a correctional institution,
prison, jail, detention facility or mental hospital, or any
building appurtenant thereto, commits a misdemeanor of the
first degree if:
(i) he enters the secured perimeter of the
correctional institution, prison, jail, detention
facility or mental hospital, or any building appurtenant
thereto, in possession of any telecommunication device
without the written permission of the superintendent,
warden or otherwise authorized individual in charge of
the correctional institution, prison, jail, detention
facility or mental hospital; and
(ii) a notice is posted at the entrance to the
secured perimeter stating that telecommunication devices
are prohibited by law inside the secured perimeter
without written permission of the appropriate official.
(2) A second or subsequent violation of paragraph (1)
shall be graded as a felony of the third degree.
* * *
Section 2. This act shall take effect in 60 days.
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