PRINTER'S NO. 1152
No. 1007 Session of 2001
INTRODUCED BY GANNON, BASTIAN, CALTAGIRONE, CAPPELLI, CASORIO,
CIVERA, CLYMER, COLAFELLA, DALEY, DeLUCA, FAIRCHILD, FEESE,
FICHTER, FLEAGLE, FORCIER, GABIG, GEIST, HARHAI, HERMAN,
HUTCHINSON, KENNEY, LEDERER, MICOZZIE, R. MILLER, NAILOR,
PETRARCA, SATHER, SAYLOR, SHANER, B. SMITH, STABACK, STERN,
SURRA, J. TAYLOR, TIGUE, WALKO, WATSON, WOJNAROSKI,
YOUNGBLOOD AND MACKERETH, MARCH 15, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting cellular telephones and
3 pagers in prison or jail.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5113. Cellular telephones and pagers in prison or jail.
9 (a) Offense defined.--A person commits a misdemeanor of the
10 first degree if the person sells, gives, transfers or furnishes
11 to a person confined to a jail or prison, or puts in any place
12 where it may be secured by a person confined to a jail or
13 prison, a pager, cellular telephone or other device used for
14 wireless communication.
15 (b) Possession by confined persons of devices for wireless
16 communication.--A person confined to a jail or prison commits a
1 misdemeanor of the first degree if the person procures, makes,
2 possesses or otherwise provides himself with a pager, cellular
3 telephone or other device used for wireless communication.
4 (c) Mandatory minimum penalty.--A person convicted of a
5 violation of subsection (a) shall be sentenced to a minimum
6 sentence of at least one year of total confinement,
7 notwithstanding any other provision of law to the contrary.
8 Nothing in this subsection shall prevent the sentencing court
9 from imposing a sentence greater than that provided in this
10 subsection, up to the maximum penalty prescribed by this title
11 for a misdemeanor of the first degree. There shall be no
12 authority in any court to impose on an offender to which this
13 subsection is applicable a lesser sentence than provided for in
14 this subsection or to place the offender on probation or to
15 suspend sentence. Sentencing guidelines promulgated by the
16 Pennsylvania Commission on Sentencing shall not supersede the
17 mandatory sentence provided in this subsection. If a sentencing
18 court refuses to apply this subsection where applicable, the
19 Commonwealth shall have the right to appellate review of the
20 action of the sentencing court. The appellate court shall vacate
21 the sentence and remand the case to the sentencing court for
22 imposition of a sentence in accordance with this subsection if
23 it finds that the sentence was imposed in violation of this
24 subsection.
25 Section 2. This act shall take effect in 60 days.
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