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        PRIOR PRINTER'S NO. 359                      PRINTER'S NO.  1514

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 342 Session of 2001


        INTRODUCED BY BIRMELIN, ARMSTRONG, BARRAR, BASTIAN, BELARDI,
           BELFANTI, CALTAGIRONE, CLARK, CLYMER, L. I. COHEN, M. COHEN,
           COLEMAN, CORRIGAN, COY, DALEY, EGOLF, FRANKEL, HENNESSEY,
           HERMAN, LEH, LYNCH, MARSICO, McCALL, METCALFE, R. MILLER,
           MUNDY, NAILOR, NICKOL, ORIE, PISTELLA, READSHAW, ROHRER,
           ROSS, SAINATO, SATHER, SAYLOR, SCHRODER, SHANER, SOLOBAY,
           STABACK, SURRA, E. Z. TAYLOR, TIGUE, WILT, WOGAN, WOJNAROSKI,
           ZUG AND BROWNE, JANUARY 31, 2001

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVE,
           APRIL 4, 2001

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for weapons or
     3     implements for escape.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5122(a) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 5122.  Weapons or implements for escape.
     9     (a)  Offenses defined.--
    10         (1)  [A] EXCEPT AS SET FORTH IN PARAGRAPH (1.1), A person  <--
    11     commits a misdemeanor of the first degree if he unlawfully
    12     [introduces within a detention facility, correctional
    13     institution or mental hospital, or unlawfully provides an
    14     inmate thereof with any weapon, tool, implement, or other
    15     thing which may be used for escape.] and knowingly,

     1     intentionally OR recklessly or negligently introduces within   <--
     2     a detention facility, correctional institution or mental
     3     hospital, or provides to an inmate thereof, a weapon, tool,
     4     implement or other thing which may be used for escape.
     5         (1.1)  AN EMPLOYEE OF A DETENTION FACILITY, CORRECTIONAL   <--
     6     INSTITUTION OR MENTAL HOSPITAL COMMITS A MISDEMEANOR OF THE
     7     FIRST DEGREE IF HE UNLAWFULLY AND KNOWINGLY, INTENTIONALLY,
     8     RECKLESSLY OR NEGLIGENTLY INTRODUCES WITHIN A DETENTION
     9     FACILITY, CORRECTIONAL INSTITUTION OR MENTAL HOSPITAL, OR
    10     PROVIDES TO AN INMATE THEREOF, A WEAPON, TOOL, IMPLEMENT OR
    11     OTHER THING WHICH MAY BE USED FOR ESCAPE.
    12         (2)  An inmate commits a misdemeanor of the first degree
    13     if he unlawfully procures, makes or otherwise provides
    14     himself with, or unlawfully has in his possession or under
    15     his control, any weapon, tool, implement or other thing which
    16     may be used for escape.
    17     * * *
    18     Section 2.  This act shall take effect in 60 days.








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