SENATE AMENDED PRIOR PRINTER'S NOS. 1430, 1804, 2435, PRINTER'S NO. 3737 2680, 2774, 2680
No. 1272 Session of 1997
INTRODUCED BY OLIVER, GODSHALL, CALTAGIRONE, REBER, DONATUCCI, McCALL, BISHOP, RIEGER, L. I. COHEN, YOUNGBLOOD, CURRY, PETRONE, STABACK, TRELLO, ITKIN, JOSEPHS, LEDERER, MELIO, M. COHEN, GIGLIOTTI, WASHINGTON, ROEBUCK, SHANER, BUNT, RAYMOND, TRICH, PRESTON, A. H. WILLIAMS AND SAINATO, APRIL 9, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 9, 1998
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for the possession 3 of weapons on school property AND FOR RESTITUTION FOR <-- 4 INJURIES TO PERSON OR PROPERTY; AND PROVIDING FOR RETALIATION <-- 5 AGAINST PROSECUTOR OR JUDICIAL OFFICIAL. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 912 SECTIONS 912 AND 1106(A), (C), (E) <-- 9 AND (F) of Title 18 of the Pennsylvania Consolidated Statutes is <-- 10 ARE amended to read: <-- 11 SECTION 1. SECTION 912 OF TITLE 18 OF THE PENNSYLVANIA <-- 12 CONSOLIDATED STATUTES IS AMENDED TO READ: 13 § 912. Possession of weapon on school property. 14 (a) Definition.--Notwithstanding the definition of "weapon" 15 in section 907 (relating to possessing instruments of crime), 16 "weapon" for purposes of this section shall include but not be
1 limited to any knife, cutting instrument, cutting tool, nun- 2 chuck stick, firearm, shotgun, rifle and any other tool, 3 instrument or implement capable of inflicting serious bodily 4 injury. 5 (b) Offense defined.--A person commits a misdemeanor of the 6 first degree if he possesses a weapon in the buildings of, on 7 the grounds of, or in any conveyance providing transportation to 8 or from any elementary or secondary publicly-funded educational 9 institution, any elementary or secondary private school licensed 10 by the Department of Education or any elementary or secondary 11 parochial school. 12 (b.1) Firearms.-- 13 (1) Except as provided in paragraph (2), a person who 14 commits an offense under subsection (b) while in the 15 possession of a firearm as defined in section 6102 (relating 16 to definitions), commits a felony of the third degree. 17 (2) A person who commits an offense under subsection (b) 18 while in the possession of a firearm as defined in section 19 6102 and who is otherwise eligible to possess a valid license 20 as defined in section 6106 (relating to firearms not to be <-- 21 carried without a license) 6109 (RELATING TO LICENSES), <-- 22 commits a misdemeanor of the first degree. 23 (c) Defense.--It shall be a defense that the weapon is 24 possessed and used in conjunction with a lawful supervised 25 school activity or course or is possessed for other lawful 26 purpose. 27 § 1106. RESTITUTION FOR INJURIES TO PERSON OR PROPERTY. <-- 28 (A) GENERAL RULE.--UPON CONVICTION FOR ANY CRIME WHEREIN 29 PROPERTY HAS BEEN STOLEN, CONVERTED OR OTHERWISE UNLAWFULLY 30 OBTAINED, OR ITS VALUE SUBSTANTIALLY DECREASED AS A DIRECT 19970H1272B3737 - 2 -
1 RESULT OF THE CRIME, OR WHEREIN THE VICTIM SUFFERED PERSONAL 2 INJURY DIRECTLY RESULTING FROM THE CRIME, THE OFFENDER [MAY] 3 SHALL BE SENTENCED TO MAKE RESTITUTION IN ADDITION TO THE 4 PUNISHMENT PRESCRIBED THEREFOR. 5 * * * 6 (C) MANDATORY RESTITUTION.-- 7 (1) THE COURT SHALL ORDER FULL RESTITUTION: 8 (I) REGARDLESS OF THE CURRENT FINANCIAL RESOURCES OF 9 THE DEFENDANT, SO AS TO PROVIDE THE VICTIM WITH THE 10 FULLEST COMPENSATION FOR THE LOSS. THE COURT SHALL NOT 11 REDUCE A RESTITUTION AWARD BY ANY AMOUNT THAT THE VICTIM 12 HAS RECEIVED FROM THE CRIME VICTIM'S COMPENSATION BOARD 13 OR OTHER GOVERNMENTAL AGENCY BUT SHALL ORDER THE 14 DEFENDANT TO PAY ANY RESTITUTION ORDERED FOR LOSS 15 PREVIOUSLY COMPENSATED BY THE BOARD TO THE CRIME VICTIM'S 16 COMPENSATION FUND OR OTHER DESIGNATED ACCOUNT WHEN THE 17 CLAIM INVOLVES A GOVERNMENT AGENCY IN ADDITION TO OR IN 18 PLACE OF THE BOARD. THE COURT SHALL NOT REDUCE A 19 RESTITUTION AWARD BY ANY AMOUNT THAT THE VICTIM HAS 20 RECEIVED FROM AN INSURANCE COMPANY BUT SHALL ORDER THE 21 DEFENDANT TO PAY ANY RESTITUTION ORDERED FOR LOSS 22 PREVIOUSLY COMPENSATED BY AN INSURANCE COMPANY TO THE 23 INSURANCE COMPANY. 24 (II) IF RESTITUTION TO MORE THAN ONE PERSON IS SET 25 AT THE SAME TIME, THE COURT SHALL SET PRIORITIES OF 26 PAYMENT. HOWEVER, WHEN ESTABLISHING PRIORITIES, THE COURT 27 SHALL ORDER PAYMENT IN THE FOLLOWING ORDER: 28 (A) THE VICTIM. 29 (B) THE CRIME VICTIM'S COMPENSATION BOARD. 30 (C) ANY OTHER GOVERNMENT AGENCY WHICH HAS 19970H1272B3737 - 3 -
1 PROVIDED REIMBURSEMENT TO THE VICTIM AS A RESULT OF 2 THE DEFENDANT'S CRIMINAL CONDUCT. 3 (D) ANY INSURANCE COMPANY WHICH HAS PROVIDED 4 REIMBURSEMENT TO THE VICTIM AS A RESULT OF THE 5 DEFENDANT'S CRIMINAL CONDUCT. 6 (2) AT THE TIME OF SENTENCING THE COURT SHALL SPECIFY 7 THE AMOUNT AND METHOD OF RESTITUTION. IN DETERMINING THE 8 AMOUNT AND METHOD OF RESTITUTION, THE COURT: 9 (I) SHALL CONSIDER THE EXTENT OF INJURY SUFFERED BY 10 THE VICTIM, THE VICTIM'S REQUEST FOR RESTITUTION AS 11 PRESENTED TO THE DISTRICT ATTORNEY IN ACCORDANCE WITH 12 PARAGRAPH (4) AND SUCH OTHER MATTERS AS IT DEEMS 13 APPROPRIATE. 14 (II) MAY ORDER RESTITUTION IN A LUMP SUM, BY MONTHLY 15 INSTALLMENTS OR ACCORDING TO SUCH OTHER SCHEDULE AS IT 16 DEEMS JUST[, PROVIDED THAT THE PERIOD OF TIME DURING 17 WHICH THE OFFENDER IS ORDERED TO MAKE RESTITUTION SHALL 18 NOT EXCEED THE MAXIMUM TERM OF IMPRISONMENT TO WHICH THE 19 OFFENDER COULD HAVE BEEN SENTENCED FOR THE CRIME OF WHICH 20 HE WAS CONVICTED]. 21 [(III) MAY AT ANY TIME ALTER OR AMEND ANY ORDER OF 22 RESTITUTION MADE PURSUANT TO THIS SECTION PROVIDING, 23 HOWEVER, THAT THE COURT STATE ITS REASONS AND CONCLUSIONS 24 AS A MATTER OF RECORD FOR ANY CHANGE OR AMENDMENT TO ANY 25 PREVIOUS ORDER.] 26 [(IV)] (III) SHALL NOT ORDER INCARCERATION OF A 27 DEFENDANT FOR FAILURE TO PAY RESTITUTION IF THE FAILURE 28 RESULTS FROM THE OFFENDER'S INABILITY TO PAY. 29 [(V)] (IV) SHALL CONSIDER ANY OTHER PREEXISTING 30 ORDERS IMPOSED ON THE DEFENDANT, INCLUDING, BUT NOT 19970H1272B3737 - 4 -
1 LIMITED TO, ORDERS IMPOSED UNDER THIS TITLE OR ANY OTHER 2 TITLE. 3 (3) THE COURT MAY AT ANY TIME, OR UPON THE 4 RECOMMENDATION OF THE DISTRICT ATTORNEY THAT IS BASED ON 5 INFORMATION RECEIVED FROM THE VICTIM AND THE COUNTY PROBATION 6 DEPARTMENT OR ANY AGENT DESIGNATED BY THE COUNTY 7 COMMISSIONERS OF THE COUNTY TO COLLECT RESTITUTION, ALTER OR 8 AMEND ANY ORDER OF RESTITUTION MADE PURSUANT TO PARAGRAPH 9 (2), PROVIDED, HOWEVER, THAT THE COURT STATES ITS REASONS AND 10 CONCLUSIONS AS A MATTER OF RECORD FOR ANY CHANGE OR AMENDMENT 11 TO ANY PREVIOUS ORDER. 12 (4) (I) IT SHALL BE THE RESPONSIBILITY OF THE DISTRICT 13 ATTORNEYS OF THE RESPECTIVE COUNTIES TO MAKE A 14 RECOMMENDATION TO THE COURT AT OR PRIOR TO THE TIME OF 15 SENTENCING AS TO THE AMOUNT OF RESTITUTION TO BE ORDERED. 16 THIS RECOMMENDATION SHALL BE BASED UPON INFORMATION 17 SOLICITED BY THE DISTRICT ATTORNEY AND RECEIVED FROM THE 18 VICTIM. 19 (II) WHERE THE DISTRICT ATTORNEY HAS SOLICITED 20 INFORMATION FROM THE VICTIMS AS PROVIDED IN SUBPARAGRAPH 21 (I) AND HAS RECEIVED NO RESPONSE, THE DISTRICT ATTORNEY 22 SHALL, BASED ON OTHER AVAILABLE INFORMATION, MAKE A 23 RECOMMENDATION TO THE COURT FOR RESTITUTION. 24 (III) THE DISTRICT ATTORNEY MAY, AS APPROPRIATE, 25 RECOMMEND TO THE COURT THAT THE RESTITUTION ORDER BE 26 ALTERED OR AMENDED AS PROVIDED IN PARAGRAPH (3). 27 * * * 28 (E) RESTITUTION PAYMENTS AND RECORDS.--RESTITUTION, WHEN 29 ORDERED BY A JUDGE, SHALL BE MADE BY THE OFFENDER TO THE 30 PROBATION SECTION OF THE COUNTY IN WHICH HE WAS CONVICTED OR TO 19970H1272B3737 - 5 -
1 AN AGENT DESIGNATED BY THE COUNTY COMMISSIONERS OF THE COUNTY TO 2 COLLECT RESTITUTION ACCORDING TO THE ORDER OF THE COURT OR, WHEN 3 ORDERED BY A DISTRICT JUSTICE, SHALL BE MADE TO THE DISTRICT 4 JUSTICE. THE PROBATION SECTION OR AN AGENT DESIGNATED BY THE 5 COUNTY COMMISSIONERS OF THE COUNTY TO COLLECT RESTITUTION AND 6 THE DISTRICT JUSTICE SHALL MAINTAIN RECORDS OF THE RESTITUTION 7 ORDER AND ITS SATISFACTION AND SHALL FORWARD TO THE VICTIM THE 8 PROPERTY OR PAYMENTS MADE PURSUANT TO THE RESTITUTION ORDER. 9 (F) NONCOMPLIANCE WITH RESTITUTION ORDER.--WHENEVER THE 10 OFFENDER SHALL FAIL TO MAKE RESTITUTION AS PROVIDED IN THE ORDER 11 OF A JUDGE, THE PROBATION SECTION OR AN AGENT DESIGNATED BY THE 12 COUNTY COMMISSIONERS OF THE COUNTY TO COLLECT RESTITUTION SHALL 13 NOTIFY THE COURT WITHIN 20 DAYS OF SUCH FAILURE. WHENEVER THE 14 OFFENDER SHALL FAIL TO MAKE RESTITUTION WITHIN 20 DAYS TO A 15 DISTRICT JUSTICE, AS ORDERED, THE DISTRICT JUSTICE SHALL DECLARE 16 THE OFFENDER IN CONTEMPT AND FORWARD THE CASE TO THE COURT OF 17 COMMON PLEAS. UPON SUCH NOTICE OF FAILURE TO MAKE RESTITUTION, 18 OR UPON RECEIPT OF THE CONTEMPT DECISION FROM A DISTRICT 19 JUSTICE, THE COURT SHALL ORDER A HEARING TO DETERMINE IF THE 20 OFFENDER IS IN CONTEMPT OF COURT OR HAS VIOLATED HIS PROBATION 21 OR PAROLE. 22 * * * 23 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <-- 24 § 4953.1. RETALIATION AGAINST PROSECUTOR OR JUDICIAL OFFICIAL. 25 (A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF HE 26 HARMS OR ATTEMPTS TO HARM ANOTHER OR THE TANGIBLE PROPERTY OF 27 ANOTHER BY ANY UNLAWFUL ACT IN RETALIATION FOR ANYTHING LAWFULLY 28 DONE IN THE OFFICIAL CAPACITY OF A PROSECUTOR OR JUDICIAL 29 OFFICIAL. 30 (B) GRADING.--THE OFFENSE IS A FELONY OF THE SECOND DEGREE 19970H1272B3737 - 6 -
1 IF: 2 (1) THE ACTOR EMPLOYS FORCE, VIOLENCE OR DECEPTION, OR 3 ATTEMPTS OR THREATENS TO EMPLOY FORCE, VIOLENCE OR DECEPTION, 4 UPON THE PROSECUTOR OR JUDICIAL OFFICIAL OR, WITH THE 5 REQUISITE INTENT OR KNOWLEDGE, UPON ANY OTHER PERSON. 6 (2) THE ACTOR'S CONDUCT IS IN FURTHERANCE OF A 7 CONSPIRACY TO RETALIATE AGAINST A PROSECUTOR OR JUDICIAL 8 OFFICIAL. 9 (3) THE ACTOR SOLICITS ANOTHER TO OR ACCEPTS OR AGREES 10 TO ACCEPT ANY PECUNIARY OR OTHER BENEFIT TO RETALIATE AGAINST 11 A PROSECUTOR OR JUDICIAL OFFICIAL. 12 (4) THE ACTOR HAS SUFFERED ANY PRIOR CONVICTION FOR ANY 13 VIOLATION OF THIS TITLE OR ANY PREDECESSOR LAW HERETO, OR HAS 14 BEEN CONVICTED, UNDER ANY FEDERAL STATUTE OR STATUTE OF ANY 15 OTHER STATE, OF AN ACT WHICH WOULD BE A VIOLATION OF THIS 16 TITLE IF COMMITTED IN THIS COMMONWEALTH. 17 (5) THE ACTOR CAUSES PROPERTY DAMAGE OR LOSS IN EXCESS 18 OF $1,000. 19 OTHERWISE THE OFFENSE IS A MISDEMEANOR OF THE FIRST DEGREE. 20 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 21 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 22 SUBSECTION: 23 "JUDICIAL OFFICIAL." ANY PERSON WHO IS A: 24 (1) JUDGE OF THE COURT OF COMMON PLEAS; 25 (2) JUDGE OF THE COMMONWEALTH COURT; 26 (3) JUDGE OF THE SUPERIOR COURT; 27 (4) JUSTICE OF THE SUPREME COURT; 28 (5) DISTRICT JUSTICE; 29 (6) JUDGE OF THE PITTSBURGH MAGISTRATE'S COURT; 30 (7) JUDGE OF THE PHILADELPHIA MUNICIPAL COURT; 19970H1272B3737 - 7 -
1 (8) JUDGE OF THE TRAFFIC COURT OF PHILADELPHIA; OR 2 (9) MASTER APPOINTED BY A JUDGE OF A COURT OF COMMON 3 PLEAS. 4 "PROSECUTOR." ANY PERSON WHO IS: 5 (1) AN ATTORNEY GENERAL; 6 (2) A DEPUTY ATTORNEY GENERAL; 7 (3) A DISTRICT ATTORNEY; OR 8 (4) AN ASSISTANT DISTRICT ATTORNEY. 9 Section 2 3. This act shall take effect immediately. <-- D7L18JRW/19970H1272B3737 - 8 -