PRIOR PRINTER'S NO. 4448 PRINTER'S NO. 4478
No. 2874 Session of 2004
INTRODUCED BY O'BRIEN, ARMSTRONG, BOYD, CAPPELLI, CRAHALLA,
DALLY, DENLINGER, GEORGE, HENNESSEY, KELLER, KILLION,
R. MILLER, NAILOR, PAYNE, REICHLEY, SCAVELLO, SCHRODER,
B. SMITH, T. STEVENSON, E. Z. TAYLOR, YOUNGBLOOD AND WEBER,
OCTOBER 4, 2004
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 5, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, FURTHER PROVIDING FOR CORRUPT <--
3 ORGANIZATIONS; AND further providing, in wiretapping and
4 electronic surveillance, for orders and for expiration.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5708 of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended by adding a paragraph to read:
9 SECTION 1. SECTION 911(E) AND (H)(1) OF TITLE 18 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
11 § 911. CORRUPT ORGANIZATIONS.
12 * * *
13 (E) ENFORCEMENT.--NOTWITHSTANDING ANY OTHER PROVISION OF
14 LAW:
15 (1) THE ATTORNEY GENERAL SHALL HAVE THE POWER AND DUTY
16 TO ENFORCE THE PROVISIONS OF THIS SECTION, INCLUDING THE
17 AUTHORITY TO ISSUE CIVIL INVESTIGATIVE DEMANDS PURSUANT TO
1 SUBSECTION (F), INSTITUTE PROCEEDINGS UNDER SUBSECTION (D),
2 AND TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO ASCERTAIN AND
3 INVESTIGATE ALLEGED VIOLATIONS OF THIS SECTION.
4 (2) THE ATTORNEY GENERAL AND THE DISTRICT ATTORNEYS OF
5 THE SEVERAL COUNTIES SHALL HAVE CONCURRENT AUTHORITY TO
6 INSTITUTE CRIMINAL PROCEEDINGS UNDER THE PROVISIONS OF THIS
7 SECTION.
8 (3) NOTHING CONTAINED IN THIS SUBSECTION SHALL BE
9 CONSTRUED TO LIMIT THE REGULATORY OR INVESTIGATIVE AUTHORITY
10 OF ANY DEPARTMENT OR AGENCY OF THE COMMONWEALTH WHOSE
11 FUNCTIONS MIGHT RELATE TO PERSONS, ENTERPRISES, OR MATTERS
12 FALLING WITHIN THE SCOPE OF THIS SECTION.
13 * * *
14 (H) DEFINITIONS.--AS USED IN THIS SECTION:
15 (1) "RACKETEERING ACTIVITY" MEANS:
16 (I) ANY ACT WHICH IS INDICTABLE UNDER ANY OF THE
17 FOLLOWING PROVISIONS OF THIS TITLE:
18 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE)
19 SECTION 2706 (RELATING TO TERRORISTIC THREATS)
20 CHAPTER 29 (RELATING TO KIDNAPPING)
21 CHAPTER 33 (RELATING TO ARSON, ETC.)
22 CHAPTER 37 (RELATING TO ROBBERY)
23 CHAPTER 39 (RELATING TO THEFT AND RELATED
24 OFFENSES)
25 SECTION 4108 (RELATING TO COMMERCIAL BRIBERY AND
26 BREACH OF DUTY TO ACT DISINTERESTEDLY)
27 SECTION 4109 (RELATING TO RIGGING PUBLICLY
28 EXHIBITED CONTEST)
29 SECTION 4117 (RELATING TO INSURANCE FRAUD)
30 CHAPTER 47 (RELATING TO BRIBERY AND CORRUPT
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1 INFLUENCE)
2 CHAPTER 49 (RELATING TO FALSIFICATION AND
3 INTIMIDATION)
4 SECTION 5111 (RELATING TO DEALING IN PROCEEDS OF
5 UNLAWFUL ACTIVITIES)
6 SECTION 5512 THROUGH 5514 (RELATING TO GAMBLING)
7 CHAPTER 59 (RELATING TO PUBLIC INDECENCY)
8 (II) ANY OFFENSE INDICTABLE UNDER SECTION 13 OF THE
9 ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
10 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT
11 (RELATING TO THE SALE AND DISPENSING OF NARCOTIC DRUGS);
12 (III) ANY CONSPIRACY TO COMMIT ANY OF THE OFFENSES
13 SET FORTH IN SUBPARAGRAPHS (I) [AND (II)], (II) AND (V)
14 OF THIS PARAGRAPH; [OR]
15 (IV) THE COLLECTION OF ANY MONEY OR OTHER PROPERTY
16 IN FULL OR PARTIAL SATISFACTION OF A DEBT WHICH AROSE AS
17 THE RESULT OF THE LENDING OF MONEY OR OTHER PROPERTY AT A
18 RATE OF INTEREST EXCEEDING 25% PER ANNUM OR THE
19 EQUIVALENT RATE FOR A LONGER OR SHORTER PERIOD, WHERE NOT
20 OTHERWISE AUTHORIZED BY LAW[.]; OR
21 (V) ANY OFFENSE INDICTABLE UNDER 4 PA.C.S. PT. II
22 (RELATING TO GAMING).
23 ANY ACT WHICH OTHERWISE WOULD BE CONSIDERED RACKETEERING
24 ACTIVITY BY REASON OF THE APPLICATION OF THIS PARAGRAPH,
25 SHALL NOT BE EXCLUDED FROM ITS APPLICATION SOLELY BECAUSE THE
26 OPERATIVE ACTS TOOK PLACE OUTSIDE THE JURISDICTION OF THIS
27 COMMONWEALTH, IF SUCH ACTS WOULD HAVE BEEN IN VIOLATION OF
28 THE LAW OF THE JURISDICTION IN WHICH THEY OCCURRED.
29 * * *
30 SECTION 2. SECTION 5708 OF TITLE 18 IS AMENDED BY ADDING A
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1 PARAGRAPH TO READ:
2 § 5708. Order authorizing interception of wire, electronic or
3 oral communications.
4 The Attorney General, or, during the absence or incapacity of
5 the Attorney General, a deputy attorney general designated in
6 writing by the Attorney General, or the district attorney or,
7 during the absence or incapacity of the district attorney, an
8 assistant district attorney designated in writing by the
9 district attorney of the county wherein the suspected criminal
10 activity has been, is or is about to occur, may make written
11 application to any Superior Court judge for an order authorizing
12 the interception of a wire, electronic or oral communication by
13 the investigative or law enforcement officers or agency having
14 responsibility for an investigation involving suspected criminal
15 activities when such interception may provide evidence of the
16 commission of any of the following offenses, or may provide
17 evidence aiding in the apprehension of the perpetrator or
18 perpetrators of any of the following offenses:
19 * * *
20 (2.1) Under 4 Pa.C.S. Pt. II (relating to gaming).
21 * * *
22 Section 2 3. Section 5781 of Title 18 is amended to read: <--
23 [§ 5781. Expiration of chapter.
24 This chapter expires December 31, 2004, unless extended by
25 statute.]
26 Section 3 4. This act shall take effect as follows: <--
27 (1) The addition of 18 Pa.C.S. § 5708(2.1) shall take <--
28 (1) THE AMENDMENT OR ADDITION OF 18 PA.C.S. §§ 911(E) <--
29 AND (H)(1) AND 5708(2.1) SHALL TAKE effect in 60 days.
30 (2) The remainder of this act shall take effect
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1 immediately.
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