PRIOR PRINTER'S NO. 1785 PRINTER'S NO. 2094
No. 1279 Session of 1984
INTRODUCED BY ROSS, STOUT, ANDREZESKI, HELFRICK, ROMANELLI, O'CONNELL AND KELLEY, MARCH 5, 1984
AS AMENDED ON THIRD CONSIDERATION, JUNE 12, 1984
AN ACT 1 Prohibiting false reports relating to certain disasters and to <-- 2 the operation of power generating facilities; and fixing 3 penalties. 4 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA <-- 5 CONSOLIDATED STATUTES, PROVIDING FOR AN OFFENSE RELATING TO 6 FALSIFICATION. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. <-- 10 This act shall be known and may be cited as the Public 11 Utility Misinformation Act. 12 Section 2. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Agency." A branch office or regional office operated by the 17 agency. 18 Section 3. False reports. 19 (a) Emergencies.--An individual commits a felony of the
1 second degree if the individual knowingly provides false 2 information to any State agency or political subdivision during 3 the occurrence of or relating to a disaster as defined in 35 4 Pa.C.S. Part V (relating to emergency management services). 5 (b) Power generating facilities.--An individual commits a 6 felony of the second degree if the individual knowingly provides 7 false information to any agency of the Federal or State 8 government relating to or regarding any aspect of the operation 9 of a power generating facility which may adversely affect the 10 health, welfare or safety of the residents of Pennsylvania. 11 (c) Operation of facility after false report.--An individual 12 commits a felony of the second degree if the individual operates 13 any power generating facility after providing false information 14 which is prohibited by subsection (a) or (b). For purposes of 15 this subsection, the time within which an action must be 16 commenced by a prosecuting authority shall be computed from the 17 time at which the falsity of the information provided is 18 discovered. 19 (d) Conspiracy.--An individual commits a felony of the third 20 degree if the individual agrees with another individual or 21 individuals to engage in any conduct prohibited by subsection 22 (a), (b) or (c) or agrees to aid, assist or abet another 23 individual or individuals in planning, attempting or 24 solicitation to attempt such conduct as prohibited by subsection 25 (a), (b) or (c). 26 (e) Penalties.-- 27 (1) An individual who is guilty of violating subsection 28 (a), (b) or (c) shall be sentenced to a fine of not less than 29 $10,000 or imprisonment of not less than six years, or both. 30 (2) An individual who is guilty of violating subsection 19840S1279B2094 - 2 -
1 (d) shall be sentenced to a fine of not less than $5,000 or 2 imprisonment of not less than two years, or both. 3 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <-- 4 STATUTES IS AMENDED BY ADDING A SECTION TO READ: 5 § 4904.1. FALSIFICATION TO COMMONWEALTH AGENCIES AND POLITICAL 6 SUBDIVISIONS DURING DISASTERS. 7 (A) OFFENSE GENERALLY.--AN INDIVIDUAL COMMITS A FELONY OF 8 THE SECOND DEGREE IF, DURING THE OCCURRENCE OF A DISASTER 9 EMERGENCY WHICH IS DECLARED BY THE APPROPRIATE AUTHORITY AS 10 PROVIDED FOR IN 35 PA.C.S. PART V (RELATING TO EMERGENCY 11 MANAGEMENT SERVICES), THE INDIVIDUAL KNOWINGLY PROVIDES FALSE 12 INFORMATION RELATED TO THE DISASTER EMERGENCY TO A COMMONWEALTH 13 AGENCY OR POLITICAL SUBDIVISION. 14 (B) OFFENSE RELATING TO POWER GENERATING FACILITIES.--AN 15 INDIVIDUAL COMMITS A FELONY OF THE SECOND DEGREE IF THE 16 INDIVIDUAL KNOWINGLY PROVIDES FALSE INFORMATION TO ANY AGENCY OF 17 THE FEDERAL OR STATE GOVERNMENT RELATING TO OR REGARDING ANY 18 ASPECT OF THE OPERATION OF A POWER GENERATING FACILITY WHICH MAY 19 ADVERSELY AFFECT THE HEALTH, WELFARE OR SAFETY OF THE RESIDENTS 20 OF THIS COMMONWEALTH. 21 (C) PENALTY.--AN INDIVIDUAL WHO IS GUILTY OF VIOLATING THE 22 PROVISIONS OF SUBSECTION (A) OR (B) SHALL BE SENTENCED TO PAY A 23 FINE OF NOT LESS THAN $10,000 OR TO UNDERGO IMPRISONMENT FOR NOT 24 LESS THAN SIX YEARS, OR BOTH. 25 Section 4 2. Effective date. <-- 26 This act shall take effect in 60 days. A23L18RZ/19840S1279B2094 - 3 -