PRINTER'S NO. 1111

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

846

Session of

2017

INTRODUCED BY GREENLEAF, RAFFERTY, BOSCOLA AND YUDICHAK,

AUGUST 29, 2017

REFERRED TO JUDICIARY, AUGUST 29, 2017

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 5122, 5123 and 6105(b) of Title 18 of

the Pennsylvania Consolidated Statutes are amended to read:

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

(a) Offenses defined.--

individual commits a felony of the second degree if he

[unlawfully introduces within a detention facility,

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.--

surreptitiously or contrary to law, regulation or order of

the detaining authority.

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,

" 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 hospital, youth development center, youth forestry camp or

" 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

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

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

prison or mental hospital].

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

(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

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.

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

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

delivers to a confined person:

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

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]

(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.

prohibited under subsection (b) or (c) .

(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

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

cellular phones, digital phones and modem equipment devices.

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

* * *

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

to subsection (a):

property).

vehicle or structure).

intercourse).