PRINTER'S NO. 436
No. 419 Session of 1997
INTRODUCED BY BRIGHTBILL, PICCOLA, AFFLERBACH, LEMMOND AND
RHOADES, FEBRUARY 10, 1997
REFERRED TO JUDICIARY, FEBRUARY 10, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for improper use of criminal
3 investigative material.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4501 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 4501. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this article which are applicable to specific
11 chapters or other provisions of this article, the following
12 words and phrases, when used in this article shall have, unless
13 the context clearly indicates otherwise, the meanings given to
14 them in this section:
15 * * *
16 "Criminal matter." The investigation of a crime and the
17 criminal procedure in prosecuting a defendant. A criminal matter
18 ends when any of the following occur:
1 (1) Sentence is imposed.
2 (2) The defendant is acquitted.
3 (3) The trial is otherwise finally resolved. This
4 paragraph includes dismissal of charges, acceptance of a plea
5 bargain or the declaration of a mistrial in a situation which
6 would give rise to double jeopardy.
7 * * *
8 Section 2. Title 18 is amended by adding a section to read:
9 § 4704. Improper use of criminal investigative material.
10 (a) Offense.--
11 (1) A public servant commits an offense if all of the
12 following apply:
13 (i) The public servant learns of criminal
14 investigative material in the course of performing
15 official duties.
16 (ii) During a criminal matter, the public servant
17 intentionally receives or agrees to receive anything of
18 value in return for providing information about the
19 criminal matter. This subparagraph does not apply to any
20 of the following:
21 (A) Compensation of a public servant in return
22 for discharging the functions of the public servant's
23 office.
24 (B) Compensation of an informant by a law
25 enforcement officer or a prosecuting attorney.
26 (C) Information provided by a juror after a
27 verdict is rendered.
28 (2) A person commits an offense if, during a criminal
29 matter, the person intentionally gives or agrees to give
30 anything of value to a public servant in return for receiving
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1 information about the criminal matter. This paragraph does
2 not apply to the compensation of a public servant for
3 discharging the functions of the public servant's office.
4 (3) As used in this subsection, the term "information"
5 includes a character depiction.
6 (b) Grading.--An offense under this section is a misdemeanor
7 of the first degree.
8 Section 3. This act shall take effect in 60 days.
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