PRIOR PRINTER'S NO. 635 PRINTER'S NO. 1511
No. 578 Session of 2001
INTRODUCED BY LAWLESS, ADOLPH, BASTIAN, CALTAGIRONE, DeLUCA,
EACHUS, FEESE, FLEAGLE, HARHAI, HERSHEY, PETRARCA, RUFFING,
SOLOBAY, E. Z. TAYLOR, J. TAYLOR, TIGUE, TRELLO, C. WILLIAMS,
YOUNGBLOOD, PALLONE AND HORSEY, FEBRUARY 8, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 4, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting cellular and wireless <--
3 telephone usage in correctional facilities FURTHER PROVIDING <--
4 FOR CONTRABAND.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated <--
8 Statutes is amended by adding a section to read:
9 § 7515. Cellular and wireless telephone usage in correctional
10 facilities.
11 (a) General rule.--It is unlawful for any person to carry or
12 use a cellular or wireless telephone in any local or county
13 detention facility, jail or prison or any State penal or
14 correctional institution or other State penal or correctional
15 facility located in this Commonwealth.
16 (b) Penalty.--Any person who violates this section commits a
17 summary offense.
1 SECTION 1. SECTION 5123 OF TITLE 18 OF THE PENNSYLVANIA <--
2 CONSOLIDATED STATUTES IS AMENDED BY ADDING SUBSECTIONS TO READ:
3 § 5123. CONTRABAND.
4 * * *
5 (C.1) TELECOMMUNICATION DEVICES TO INMATES PROHIBITED.--A
6 PERSON COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF, WITHOUT THE
7 WRITTEN PERMISSION OF THE SUPERINTENDENT, WARDEN OR OTHERWISE
8 AUTHORIZED INDIVIDUAL IN CHARGE OF A STATE OR COUNTY
9 CORRECTIONAL INSTITUTION OR HOSPITAL, THE PERSON SELLS, GIVES OR
10 FURNISHES TO ANY INMATE IN A PRISON OR IN A MENTAL HOSPITAL, OR
11 ANY BUILDING APPURTENANT THERETO, OR PUTS IN ANY PLACE WHERE IT
12 MAY BE SECURED BY AN INMATE OF A PRISON OR MENTAL HOSPITAL, ANY
13 TELECOMMUNICATION DEVICE.
14 (C.2) POSSESSION OF TELECOMMUNICATION DEVICES BY INMATES
15 PROHIBITED.--AN INMATE IN A PRISON OR MENTAL HOSPITAL, OR ANY
16 BUILDING APPURTENANT THERETO, COMMITS A MISDEMEANOR OF THE FIRST
17 DEGREE IF THE INMATE HAS IN HIS POSSESSION ANY TELECOMMUNICATION
18 DEVICE WITHOUT THE WRITTEN PERMISSION OF THE SUPERINTENDENT,
19 WARDEN OR OTHERWISE AUTHORIZED INDIVIDUAL IN CHARGE OF A STATE
20 OR COUNTY CORRECTIONAL INSTITUTION OR MENTAL HOSPITAL.
21 * * *
22 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM
23 "TELECOMMUNICATION DEVICE" MEANS ANY TYPE OF INSTRUMENT, DEVICE,
24 MACHINE OR EQUIPMENT WHICH IS CAPABLE OF TRANSMITTING
25 TELEPHONIC, ELECTRONIC, DIGITAL, CELLULAR OR RADIO
26 COMMUNICATIONS OR ANY PART OF SUCH INSTRUMENT, DEVICE, MACHINE
27 OR EQUIPMENT WHICH IS CAPABLE OF FACILITATING THE TRANSMISSION
28 OF TELEPHONIC, ELECTRONIC, DIGITAL, CELLULAR OR RADIO
29 COMMUNICATIONS. THE TERM SHALL INCLUDE, BUT SHALL NOT BE LIMITED
30 TO, CELLULAR TELEPHONES, DIGITAL TELEPHONES AND MODEM-EQUIPPED
20010H0578B1511 - 2 -
1 DEVICES.
2 Section 2. This act shall take effect in 60 days.
A9L18DMS/20010H0578B1511 - 3 -