PRINTER'S NO. 525
No. 501 Session of 1999
INTRODUCED BY L. I. COHEN, THOMAS, M. COHEN, WALKO, LYNCH,
READSHAW, YOUNGBLOOD, WOGAN, CASORIO, BARD, SAINATO, RUBLEY,
MAHER, TIGUE, SAYLOR, ROSS, PETRARCA, HARHAI, CIVERA,
SCHRODER, SEYFERT, STEELMAN, SEMMEL AND BAKER,
FEBRUARY 10, 1999
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for intimidation of
3 witnesses and victims and for jury tampering.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4952 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 4952. Intimidation of witnesses or victims.
9 (a) Offense defined.--A person commits an offense if, with
10 the intent to or with the knowledge that his conduct will
11 obstruct, impede, impair, prevent or interfere with the
12 administration of criminal justice, he intimidates or attempts
13 to intimidate any witness or victim to:
14 (1) Refrain from informing or reporting to any law
15 enforcement officer, prosecuting official or judge concerning
16 any information, document or thing relating to the commission
17 of a crime.
1 (2) Give any false or misleading information or
2 testimony relating to the commission of any crime to any law
3 enforcement officer, prosecuting official or judge.
4 (3) Withhold any testimony, information, document or
5 thing relating to the commission of a crime from any law
6 enforcement officer, prosecuting official or judge.
7 (4) Give any false or misleading information or
8 testimony or refrain from giving any testimony, information,
9 document or thing, relating to the commission of a crime, to
10 an attorney representing a criminal defendant.
11 (5) Elude, evade or ignore any request to appear or
12 legal process summoning him to appear to testify or supply
13 evidence.
14 (6) Absent himself from any proceeding or investigation
15 to which he has been legally summoned.
16 (b) Grading.--
17 (1) The offense is a felony of the [third] degree
18 indicated in paragraphs (2) through (4) if:
19 [(1)] (i) The actor employs force, violence or
20 deception, or threatens to employ force or violence, upon
21 the witness or victim or, with the requisite intent or
22 knowledge upon any other person.
23 [(2)] (ii) The actor offers any pecuniary or other
24 benefit to the witness or victim or, with the requisite
25 intent or knowledge, to any other person.
26 [(3)] (iii) The actor's conduct is in furtherance of
27 a conspiracy to intimidate a witness or victim.
28 [(4)] (iv) The actor [solicits another to or]
29 accepts [or], agrees or solicits another to accept any
30 pecuniary or other benefit to intimidate a witness or
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1 victim.
2 [(5)] (v) The actor has suffered any prior conviction
3 for any violation of this title or any predecessor law
4 hereto, or has been convicted, under any Federal statute or
5 statute of any other state, of an act which would be a
6 violation of this title if committed in this State.
7 (2) The offense is a felony of the first degree if a
8 felony of the first degree or murder in the first or second
9 degree was charged in the case in which the actor sought to
10 influence or intimidate a witness or victim as specified in
11 this subsection.
12 (3) The offense is a felony of the second degree if a
13 felony of the second degree is the most serious offense
14 charged in the case in which the actor sought to influence or
15 intimidate a witness or victim as specified in this
16 subsection.
17 (4) The offense is a felony of the third degree in any
18 other case in which the actor sought to influence or
19 intimidate a witness or victim as specified in this
20 subsection.
21 (5) Otherwise the offense is a misdemeanor of the second
22 degree.
23 Section 2. Title 18 is amended by adding a section to read:
24 § 4958. Aggravated jury tampering.
25 (a) Offense defined.--A person commits the offense of
26 aggravated jury tampering if the person influences, intimidates
27 or impedes or attempts to influence, intimidate or impede a
28 juror in the discharge of the juror's duties in a criminal trial
29 and:
30 (1) The actor employs force, violence or deception, or
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1 threatens to employ force or violence, upon the juror or,
2 with the requisite intent or knowledge, upon any other
3 person.
4 (2) The actor offers any pecuniary or other benefit to
5 the juror or, with the requisite intent or knowledge, to any
6 other person.
7 (3) The actor's conduct is in furtherance of a
8 conspiracy to intimidate a juror.
9 (4) The actor accepts, agrees or solicits another to
10 accept any pecuniary or other benefit to intimidate a juror.
11 (5) The actor has suffered any prior conviction for any
12 violation of this title or any predecessor law hereto, or has
13 been convicted, under any Federal statute or statute of any
14 other state, of an act which would be a violation of this
15 title if committed in this State.
16 (b) Grading.--
17 (1) The offense is a felony of the first degree if
18 murder in the first degree or second degree or a felony of
19 the first degree is the highest classification of crime
20 submitted for deliberation to the jury of which the juror is
21 a member.
22 (2) The offense is a felony of the second degree if a
23 felony of the second degree is the highest classification of
24 crime submitted for deliberation to the jury of which the
25 juror is a member.
26 (3) The offense is a felony of the third degree for any
27 other violation of this section.
28 Section 3. This act shall take effect in 60 days.
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