HOUSE AMENDED
PRIOR PRINTER'S NOS. 92, 1963 PRINTER'S NO. 1990
No. 93 Session of 2003
INTRODUCED BY GREENLEAF, KUKOVICH, RAFFERTY, C. WILLIAMS, FERLO,
BOSCOLA AND CONTI, JANUARY 29, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 19, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania <--
2 Consolidated Statutes, defining the offense of greyhound
3 racing; and prescribing a penalty.
4 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA <--
5 CONSOLIDATED STATUTES, FURTHER PROVIDING FOR COSTS; IMPOSING <--
6 A CRIMINAL JUSTICE SYSTEM ENHANCEMENT FEE FOR CONVICTIONS;
7 ESTABLISHING THE CRIMINAL JUSTICE SYSTEM ENHANCEMENT FUND;
8 AND FURTHER PROVIDING FOR THE OFFENSE OF BURGLARY AND FOR
9 CERTAIN BULLETS PROHIBITED.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Title 18 of the Pennsylvania Consolidated <--
13 Statutes is amended by adding a section to read:
14 § 7516. Greyhound racing.
15 A person who holds, conducts or operates a greyhound race for
16 public exhibition in this Commonwealth for monetary remuneration
17 commits a felony of the third degree.
18 Section 2. This act shall take effect in 60 days.
19 SECTION 1. SECTIONS 1109, 3502(A) AND 6121(A) OF TITLE 18 OF <--
20 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
1 SECTION 1. SECTION 1109 OF TITLE 18 OF THE PENNSYLVANIA <--
2 CONSOLIDATED STATUTES IS AMENDED TO READ:
3 § 1109. COSTS.
4 [IN ADDITION TO ANY OTHER SENTENCE IMPOSED, THE COURT MAY
5 ORDER AN OFFENDER TO PAY THE COST OF ANY REWARD PAID FOR THE
6 APPREHENSION AND CONVICTION OF THE OFFENDER.]
7 (A) GENERAL RULE.--IN ADDITION TO ANY OTHER SENTENCE
8 IMPOSED, THE COURT MAY ORDER AN OFFENDER TO PAY ALL OF THE
9 FOLLOWING:
10 (1) THE COST OF ANY REWARD PAID DURING THE COURSE OF THE
11 INVESTIGATION FOR THE APPREHENSION AND CONVICTION OF THE
12 OFFENDER.
13 (2) THE COST OF REPAIRING OR REPLACING ANY PROPERTY
14 BELONGING TO A LAW ENFORCEMENT AGENCY OR OFFICER DAMAGED BY
15 THE OFFENDER DURING THE COURSE OF THE INVESTIGATION OR DURING
16 THE OFFENDER'S ARREST, TRANSPORT OR PROCESSING.
17 (3) THE COST OF ANY MONEYS EXPENDED BY A LAW ENFORCEMENT
18 AGENCY IN CONNECTION WITH THE CASE WHICH WERE EXPENDED FOR
19 THE PURCHASE OF, OR IN EXCHANGE FOR, CONTRABAND OR ANY
20 ILLEGAL SERVICES.
21 (B) COLLECTION.--THE ASSESSMENT AND COLLECTION OF COSTS
22 PURSUANT TO SUBSECTION (A) SHALL BE IN ACCORDANCE WITH SECTION
23 1106 (RELATING TO RESTITUTION FOR INJURIES TO PERSON OR
24 PROPERTY). MONEYS PAID BY THE OFFENDER FOR ASSESSMENTS IMPOSED
25 IN ACCORDANCE WITH THIS SECTION SHALL REVERT TO THE LAW
26 ENFORCEMENT AGENCY OR OTHER ORGANIZATION WHICH EXPENDED THE
27 REWARD, TO THE LAW ENFORCEMENT AGENCY THAT PURCHASED THE
28 CONTRABAND OR SERVICES, OR TO THE LAW ENFORCEMENT AGENCY OR
29 OFFICER THAT SUFFERED THE DAMAGE TO PROPERTY.
30 (C) COSTS NOT EXCLUSIVE.--THE PROVISIONS OF THIS SECTION
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1 SHALL NOT BE EXCLUSIVE AND SHALL BE IN ADDITION TO ANY OTHER
2 REMEDIES, INCLUDING FORFEITURE, WHICH MAY BE PROVIDED FOR IN ANY
3 OTHER LAW OR AVAILABLE UNDER COMMON LAW.
4 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <--
5 § 1110. CRIMINAL JUSTICE SYSTEM ENHANCEMENT FEE.
6 (A) GENERAL RULE.--UNLESS THE COURT FINDS THAT UNDUE
7 HARDSHIP WOULD RESULT, A MANDATORY FEE EQUAL TO 10% OF THE FINE
8 IMPOSED BUT NOT LESS THAN $20, WHICH SHALL BE IN ADDITION TO ANY
9 OTHER COSTS IMPOSED BY LAW, SHALL AUTOMATICALLY BE ASSESSED ON
10 ANY INDIVIDUAL CONVICTED OR GRANTED ACCELERATED REHABILITATIVE
11 DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY OR NOLO
12 CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972
13 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
14 DEVICE AND COSMETIC ACT, THIS TITLE OR 75 PA.C.S. CH. 38
15 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS),
16 WHICH FEE SHALL BE DEPOSITED INTO A SPECIAL FUND IN THE STATE
17 TREASURY, TO BE KNOWN AS THE CRIMINAL JUSTICE SYSTEM ENHANCEMENT
18 FUND. NO MORE THAN 5% OF THE FEE COLLECTED SHALL BE RETAINED BY
19 THE COUNTY FOR ITS ADMINISTRATIVE COSTS RELATED TO COLLECTING
20 THE FEE FOR DEPOSIT INTO THE CRIMINAL JUSTICE SYSTEM ENHANCEMENT
21 FUND.
22 (B) USE OF FEE.--THE FUNDS OF THE CRIMINAL JUSTICE SYSTEM
23 ENHANCEMENT FUND ARE HEREBY APPROPRIATED ON A CONTINUING BASIS
24 TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, WHICH
25 SHALL USE THE FUNDS TO MAKE GRANTS AS FOLLOWS:
26 (1) (I) THE DEPARTMENT OF COMMUNITY AND ECONOMIC
27 DEVELOPMENT SHALL MAKE 35% OF THE CRIMINAL JUSTICE SYSTEM
28 ENHANCEMENT FUND AVAILABLE THROUGH GRANTS TO LAW
29 ENFORCEMENT AGENCIES TO MAINTAIN ARREST AND ARRAIGNMENT
30 SYSTEMS AND OTHER FUTURE CRIMINAL DATA SYSTEMS AND
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1 SERVICES.
2 (II) IF AT THE EXPIRATION OF THE GRANT PERIOD, THE
3 LAW ENFORCEMENT AGENCY HAS NOT USED ANY PORTION OF THE
4 GRANT FOR THE PURPOSES CONTAINED IN THIS PARAGRAPH, IT
5 SHALL REMIT THE FUNDS TO THE DEPARTMENT OF COMMUNITY AND
6 ECONOMIC DEVELOPMENT. FUNDS REMITTED UNDER THIS
7 SUBPARAGRAPH SHALL BE REDISTRIBUTED TO LAW ENFORCEMENT
8 AGENCIES ON A COMPETITIVE GRANT BASIS FOR THE PURPOSES
9 DELINEATED IN SUBPARAGRAPH (I).
10 (2) (I) THE DEPARTMENT OF COMMUNITY AND ECONOMIC
11 DEVELOPMENT SHALL MAKE 65% OF THE CRIMINAL JUSTICE SYSTEM
12 ENHANCEMENT FUND AVAILABLE TO THE PENNSYLVANIA COMMISSION
13 FOR COMMUNITY COLLEGES FOR THE PURPOSE OF ENHANCING LOCAL
14 CRIMINAL JUSTICE SYSTEM POLICIES, PROCEDURES AND WORK
15 PROCESS WHICH MAY INCLUDE:
16 (A) CRIMINAL CASE PROCESSING;
17 (B) OFFENDER PROCESSING;
18 (C) VICTIM AND WITNESS NOTIFICATION; AND
19 (D) HOMELAND SECURITY-RELATED ACTIVITIES.
20 (II) ANY PORTION OF THE MONEY THAT HAS NOT BEEN USED
21 SHALL BE REMITTED TO THE DEPARTMENT OF COMMUNITY AND
22 ECONOMIC DEVELOPMENT. MONEY REMITTED UNDER THIS
23 SUBPARAGRAPH SHALL BE REDISTRIBUTED TO LAW ENFORCEMENT
24 AGENCIES ON A COMPETITIVE GRANT BASIS FOR THE PURPOSES
25 DELINEATED IN PARAGRAPH (1)(I).
26 SECTION 3. SECTIONS 3502(A) AND 6121(A) OF TITLE 18 ARE
27 AMENDED TO READ:
28 § 3502. BURGLARY.
29 (A) OFFENSE DEFINED.--A PERSON [IS GUILTY OF BURGLARY IF HE]
30 WHO ENTERS A BUILDING OR OCCUPIED STRUCTURE, OR SEPARATELY
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1 SECURED OR OCCUPIED PORTION THEREOF, WITH INTENT TO COMMIT A
2 CRIME THEREIN, UNLESS THE PREMISES ARE AT THE TIME OPEN TO THE
3 PUBLIC OR THE ACTOR IS LICENSED OR PRIVILEGED TO ENTER[.]
4 COMMITS THE OFFENSE OF BURGLARY IF:
5 (1) THE STRUCTURE IS ADAPTED FOR OVERNIGHT
6 ACCOMMODATIONS IN WHICH AT THE TIME OF THE OFFENSE ANY PERSON
7 WAS PRESENT;
8 (2) THE STRUCTURE IS ADAPTED FOR OVERNIGHT
9 ACCOMMODATIONS IN WHICH AT THE TIME OF THE OFFENSE NO PERSON
10 WAS PRESENT;
11 (3) THE STRUCTURE IS NOT ADAPTED FOR OVERNIGHT
12 ACCOMMODATIONS IN WHICH AT THE TIME OF THE OFFENSE ANY PERSON
13 WAS PRESENT; OR
14 (4) THE STRUCTURE IS NOT ADAPTED FOR OVERNIGHT
15 ACCOMMODATIONS IN WHICH AT THE TIME OF THE OFFENSE NO PERSON
16 WAS PRESENT.
17 * * *
18 § 6121. CERTAIN BULLETS PROHIBITED.
19 (A) OFFENSE DEFINED.--IT IS UNLAWFUL FOR ANY PERSON TO
20 POSSESS, USE OR ATTEMPT TO USE A KTW TEFLON-COATED BULLET OR
21 OTHER ARMOR-PIERCING AMMUNITION WHILE COMMITTING OR ATTEMPTING
22 TO COMMIT [A CRIME OF VIOLENCE AS DEFINED IN SECTION 6102
23 (RELATING TO DEFINITIONS] AN OFFENSE UNDER SECTION 6105(B)
24 (RELATING TO PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL,
25 SELL OR TRANSFER FIREARMS).
26 * * *
27 SECTION 2 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
28 (1) THE AMENDMENT OF 18 PA.C.S. §§ 3502(A) AND 6121(A)
29 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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