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                                                      PRINTER'S NO. 1833

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1230 Session of 2004


        INTRODUCED BY TOMLINSON, CONTI, EARLL, PIPPY, D. WHITE, RHOADES,
           ERICKSON, CORMAN, PILEGGI, THOMPSON, WAGNER, GORDNER,
           TARTAGLIONE, MOWERY, SCARNATI, STACK, O'PAKE, SCHWARTZ,
           MADIGAN, GREENLEAF, ARMSTRONG, WENGER, WONDERLING, ORIE,
           M. WHITE, PICCOLA AND BRIGHTBILL, SEPTEMBER 21, 2004

        REFERRED TO JUDICIARY, SEPTEMBER 21, 2004

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further defining "racketeering
     3     activity."

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 911(h)(1) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 911.  Corrupt organizations.
     9     * * *
    10     (h)  Definitions.--As used in this section:
    11         (1)  "Racketeering activity" means:
    12             (i)  any act which is indictable under any of the
    13         following provisions of this title:
    14                 Chapter 25 (relating to criminal homicide)
    15                 Section 2706 (relating to terroristic threats)
    16                 Chapter 29 (relating to kidnapping)
    17                 Chapter 33 (relating to arson, etc.)

     1                 Chapter 37 (relating to robbery)
     2                 Chapter 39 (relating to theft and related
     3             offenses)
     4                 Section 4108 (relating to commercial bribery and
     5             breach of duty to act disinterestedly)
     6                 Section 4109 (relating to rigging publicly
     7             exhibited contest)
     8                 Section 4117 (relating to insurance fraud)
     9                 Chapter 47 (relating to bribery and corrupt
    10             influence)
    11                 Chapter 49 (relating to falsification and
    12             intimidation)
    13                 Section 5111 (relating to dealing in proceeds of
    14             unlawful activities)
    15                 Section 5512 through 5514 (relating to gambling)
    16                 Chapter 59 (relating to public indecency)
    17             (ii)  any offense indictable under section 13 of the
    18         act of April 14, 1972 (P.L.233, No.64), known as The
    19         Controlled Substance, Drug, Device and Cosmetic Act
    20         (relating to the sale and dispensing of narcotic drugs);
    21             (ii.1)  any offense indictable under 4 Pa.C.S. Pt. II
    22         (relating to gaming);
    23             (iii)  any conspiracy to commit any of the offenses
    24         set forth in subparagraphs (i) [and  (ii)], (ii) and
    25         (ii.1) of this paragraph; or
    26             (iv)  the collection of any money or other property
    27         in full or partial satisfaction of a debt which arose as
    28         the result of the lending of money or other property at a
    29         rate of interest exceeding 25% per annum or the
    30         equivalent rate for a longer or shorter period, where not
    20040S1230B1833                  - 2 -     

     1         otherwise authorized by law.
     2     Any act which otherwise would be considered racketeering
     3     activity by reason of the application of this paragraph,
     4     shall not be excluded from its application solely because the
     5     operative acts took place outside the jurisdiction of this
     6     Commonwealth, if such acts would have been in violation of
     7     the law of the jurisdiction in which they occurred.
     8         * * *
     9     Section 2.  This act shall take effect in 60 days.














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