HOUSE AMENDED
PRIOR PRINTER'S NOS. 590, 1962 PRINTER'S NO. 2172
No. 557 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, O'PAKE, RAFFERTY,
BOSCOLA, PUNT, TARTAGLIONE, KITCHEN, RHOADES, WOZNIAK,
C. WILLIAMS AND FERLO, MARCH 31, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 17, 2006
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, PROVIDING FOR THE OFFENSE OF VIOLENCE <--
3 AGAINST A LAW ENFORCEMENT OFFICER; further providing for
4 weapons or implements for escape and for contraband; and
5 making a conforming amendment.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 5122 and 5123 of Title 18 of the <--
9 Pennsylvania Consolidated Statutes are amended to read:
10 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
11 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
12 § 2702.1. VIOLENCE AGAINST A LAW ENFORCEMENT OFFICER.
13 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF
14 VIOLENCE AGAINST A LAW ENFORCEMENT OFFICER IF THE PERSON:
15 (1) COMMITS AN OFFENSE UNDER SECTIONS 2502 (RELATING TO
16 MURDER), 2503 (RELATING TO VOLUNTARY MANSLAUGHTER), 2504
17 (RELATING TO INVOLUNTARY MANSLAUGHTER), 2702 (RELATING TO
18 AGGRAVATED ASSAULT) OR 2705 (RELATING TO RECKLESSLY
1 ENDANGERING ANOTHER PERSON) AGAINST A LAW ENFORCEMENT OFFICER
2 WHILE THE LAW ENFORCEMENT OFFICER IS ACTING IN THE
3 PERFORMANCE OF THE LAW ENFORCEMENT OFFICER'S DUTY.
4 (2) KNOWS THE VICTIM IS A LAW ENFORCEMENT OFFICER.
5 (B) GRADING AND PENALTY.--
6 (1) EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBSECTION,
7 AN OFFENSE UNDER THIS SECTION SHALL BE CLASSIFIED ONE DEGREE
8 HIGHER THAN THE CLASSIFICATION OF THE SPECIFIED OFFENSE SET
9 FORTH UNDER SECTION 106 (RELATING TO CLASSES OF OFFENSES).
10 (2) IF THE SPECIFIED OFFENSE IS A FELONY OF THE FIRST
11 DEGREE OR MURDER IN THE THIRD DEGREE, A PERSON CONVICTED OF
12 AN OFFENSE UNDER THIS SECTION SHALL BE SENTENCED TO A TERM OF
13 IMPRISONMENT FIXED BY THE COURT AT NOT MORE THAN 40 YEARS.
14 (3) IF THE SPECIFIED OFFENSE IS MURDER IN THE SECOND
15 DEGREE, A PERSON CONVICTED OF AN OFFENSE UNDER THIS SECTION
16 SHALL BE SENTENCED TO A TERM OF LIFE IMPRISONMENT.
17 (4) IF THE SPECIFIED OFFENSE IS MURDER IN THE FIRST
18 DEGREE, A PERSON CONVICTED OF AN OFFENSE UNDER THIS SECTION
19 SHALL BE SENTENCED UNDER 42 PA.C.S. § 9711 (RELATING TO
20 SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE).
21 (C) CONSECUTIVE SENTENCES.--THE COURT SHALL ORDER THAT ANY
22 SENTENCE IMPOSED FOR AN OFFENSE UNDER THIS SECTION BE SERVED
23 CONSECUTIVELY WITH ANY OTHER SENTENCE IMPOSED FOR AN OFFENSE
24 ARISING FROM THE SAME CRIMINAL EPISODE.
25 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "LAW
26 ENFORCEMENT OFFICER" MEANS ANY PERSON WHO BY VIRTUE OF THE
27 PERSON'S OFFICE OR PUBLIC EMPLOYMENT IS VESTED BY LAW TO MAKE
28 ARRESTS FOR OFFENSES, WHETHER THAT DUTY EXTENDS TO ALL OFFENSES
29 OR IS LIMITED TO SPECIFIC OFFENSES.
30 SECTION 1.1. SECTIONS 5122 AND 5123 OF TITLE 18 ARE AMENDED
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1 TO READ:
2 § 5122. Weapons [or implements for escape], implements of
3 escape or dangerous material.
4 (a) Offenses defined.--
5 (1) [A person commits a misdemeanor of the first] An
6 individual commits a felony of the second degree if he
7 [unlawfully introduces within a detention facility,
8 correctional institution or mental hospital, or unlawfully
9 provides an inmate thereof with any weapon, tool, implement,
10 or other thing] delivers to a confined person a weapon,
11 implement of escape, dangerous material or other item which
12 may be used for escape.
13 (2) [An inmate] A confined person commits a [misdemeanor
14 of the first] felony of the second degree if he [unlawfully
15 procures, makes or otherwise provides himself with, or
16 unlawfully has in his possession or under his control, any
17 weapon, tool, implement or other thing] possesses a weapon,
18 implement of escape, dangerous material or other item which
19 may be used for escape.
20 (b) [Definitions.--
21 (1) As used in this section, the word "unlawfully" means
22 surreptitiously or contrary to law, regulation or order of
23 the detaining authority.
24 (2) As used in this section, the word "weapon" means any
25 implement readily capable of lethal use and shall include any
26 firearm, ammunition, knife, dagger, razor, other cutting or
27 stabbing implement or club, including any item which has been
28 modified or adopted so that it can be used as a firearm,
29 ammunition, knife, dagger, razor, other cutting or stabbing
30 implement, or club. The word "firearm" includes an unloaded
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1 firearm and the unassembled components of a firearm.]
2 Definitions.--As used in this section, the following words and
3 phrases shall have the meanings given to them in this
4 subsection:
5 "Confined person." An individual committed pursuant to a
6 court order to a correctional institution, mental hospital,
7 youth development center, youth forestry camp or other facility
8 for the detention or incarceration of individuals pursuant to a
9 court order, regardless of whether the individual is temporarily
10 absent due to medical treatment, transportation, court
11 appearance or other reason for a temporary absence.
12 "Dangerous material." Any incendiary material or device,
13 highly flammable or caustic liquid, explosive, bullet or other
14 material readily capable of causing death or serious bodily
15 injury.
16 "Delivers." The transfer of a weapon, implement of escape or
17 dangerous material to a confined person in a correctional
18 institution, mental hospital, youth development center, youth
19 forestry camp or other facility for the detention or
20 incarceration of individuals pursuant to court order, building
21 appurtenant thereto or any other place. The term includes taking
22 into or introducing a weapon, implement of escape or dangerous
23 material into a correctional institution, mental hospital, youth
24 development center, youth forestry camp or other facility for
25 the detention or incarceration of individuals pursuant to court
26 order, building appurtenant thereto, on land granted to, owned
27 by or leased by the Commonwealth or a political subdivision that
28 is related to the confinement of persons. The term includes
29 putting a weapon, implement of escape or dangerous material in a
30 place where it may be obtained by a confined person.
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1 "Implement of escape." A tool, implement, device, equipment
2 or other item that can facilitate, aid or conceal an escape or
3 attempted escape by a confined person.
4 "Weapon." An implement readily capable of lethal use,
5 including any firearm, knife, dagger, razor, other cutting or
6 stabbing implement or club. The term includes any item which has
7 been modified or adapted so that it can be used as a firearm,
8 knife, dagger, razor, other cutting or stabbing implement or
9 club. For purposes of this definition, the term "firearm"
10 includes an unloaded firearm or the unassembled components of a
11 firearm.
12 § 5123. Contraband.
13 (a) Controlled substance contraband to confined persons
14 prohibited.--[A person] An individual commits a felony of the
15 second degree if he [sells, gives, transmits or furnishes to any
16 convict in a prison, or inmate in a mental hospital, or gives
17 away in or brings into any prison, mental hospital, or any
18 building appurtenant thereto, or on the land granted to or owned
19 or leased by the Commonwealth or county for the use and benefit
20 of the prisoners or inmates, or puts in any place where it may
21 be secured by a convict of a prison, inmate of a mental
22 hospital, or employee thereof, any] delivers to a confined
23 person or employee of a correctional institution, mental
24 hospital, youth development center, youth forestry camp or other
25 facility for the detention or incarceration of individuals
26 pursuant to court order, a controlled substance included in
27 Schedules I through V of the act of April 14, 1972 (P.L.233,
28 No.64), known as The Controlled Substance, Drug, Device and
29 Cosmetic Act, (except the ordinary hospital supply of the
30 [prison or mental hospital] correctional institution, mental
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1 hospital, youth development center, youth forestry camp or other
2 facility for the detention or incarceration of individuals
3 pursuant to court order) without a written permit signed by the
4 physician of such institution, specifying the quantity and
5 quality of the substance which may be furnished to [any convict,
6 inmate, or employee in the prison or mental hospital,] the
7 confined person, the name of the [prisoner, inmate, or employee
8 for whom,] confined person and the time when the same may be
9 furnished[, which permit shall be delivered to and kept by the
10 warden or superintendent of the prison or mental hospital].
11 (a.1) Mandatory minimum penalty.--[Any person] An individual
12 convicted of a violation of subsection (a) shall be sentenced to
13 a minimum sentence of at least two years of total confinement,
14 notwithstanding any other provision of this title or any other
15 statute to the contrary. Nothing in this subsection shall
16 prevent the sentencing court from imposing a sentence greater
17 than that provided in this subsection, up to the maximum penalty
18 prescribed by this title for a felony of the second degree.
19 There shall be no authority in any court to impose on an
20 offender to which this subsection is applicable any lesser
21 sentence than provided for in subsection (a) or to place such
22 offender on probation or to suspend sentence. Sentencing
23 guidelines promulgated by the Pennsylvania Commission on
24 Sentencing shall not supersede the mandatory sentences provided
25 in this subsection. If a sentencing court refuses to apply this
26 subsection where applicable, the Commonwealth shall have the
27 right to appellate review of the action of the sentencing court.
28 The appellate court shall vacate the sentence and remand the
29 case to the sentencing court for imposition of a sentence in
30 accordance with this subsection if it finds that the sentence
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1 was imposed in violation of this subsection. Nothing in this
2 subsection shall preclude prosecution for a more serious
3 violation of The Controlled Substance, Drug, Device and Cosmetic
4 Act.
5 (a.2) Possession of controlled substance contraband by
6 [inmate] a confined person prohibited.--[A prisoner or inmate] A
7 confined person commits a felony of the second degree if he
8 unlawfully has in his possession or under his control any
9 controlled substance in violation of section 13(a)(16) of The
10 Controlled Substance, Drug, Device and Cosmetic Act. For
11 purposes of this subsection, no amount shall be deemed de
12 minimis.
13 (b) Money to inmates prohibited.--[A person] An individual
14 commits a misdemeanor of the [third] first degree if he [gives
15 or furnishes money to any inmate confined in a State or county]
16 delivers money to an inmate committed to a correctional
17 institution as defined in section 501 (relating to definitions),
18 provided notice of this prohibition is adequately posted at the
19 institution. [A person] An individual may, however, deposit
20 money with the superintendent, warden, or other authorized
21 individual in charge of a [State or county] correctional
22 institution for the benefit and use of an inmate confined
23 therein, which shall be credited to the inmate's account and
24 expended in accordance with the rules and regulations of the
25 institution. The person making the deposit shall be provided
26 with a written receipt for the amount deposited.
27 (c) [Contraband other than controlled substance.--A person]
28 Other contraband.--An individual commits a misdemeanor of the
29 first degree if he [sells, gives or furnishes to any convict in
30 a prison, or inmate in a mental hospital, or gives away in or
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1 brings into any prison, mental hospital, or any building
2 appurtenant thereto, or on the land granted to or owned or
3 leased by the Commonwealth or county for the use and benefit of
4 the prisoners or inmates, or puts in any place where it may be
5 secured by a convict of a prison, inmate of a mental hospital,
6 or employee thereof,] delivers to a confined person:
7 (1) any kind of spirituous or fermented liquor, poison
8 or medicine [or poison] (except the ordinary hospital supply
9 of the [prison or mental hospital] correctional institution,
10 mental hospital, youth development center, youth forestry
11 camp or other facility for the detention or incarceration of
12 individuals pursuant to court order) without a written permit
13 signed by the physician of such institution, specifying the
14 quantity and quality of the substance which may be furnished
15 to [any convict, inmate or employee in the prison or mental
16 hospital, the name of the prisoner, inmate or employee for
17 whom,] the confined person, the name of the confined person
18 and the time when the same may be furnished[, which permit
19 shall be delivered to and kept by the warden or
20 superintendent of the prison or mental hospital.]; or
21 (2) an unauthorized item that is readily capable of
22 concealing a controlled substance contraband, weapon,
23 dangerous material, telecommunications device, implement of
24 escape or other item which may be used for escape.
25 (c.1) Telecommunication devices to [inmates] confined
26 persons prohibited.--A person commits a misdemeanor of the first
27 degree if, without the written permission of superintendent,
28 warden or otherwise authorized individual in charge of a
29 correctional institution, prison, jail, detention facility or
30 mental hospital, he sells, gives or furnishes to any [inmate]
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1 confined person in a correctional institution, prison, jail,
2 detention facility or mental hospital, or any building
3 appurtenant thereto, or puts in any place where it may be
4 obtained by [an inmate] a confined person of a correctional
5 institution, prison, jail, detention facility or mental
6 hospital, any telecommunication device.
7 (c.2) Possession of telecommunication devices by [inmates]
8 confined persons prohibited.--[An inmate] A confined person in a
9 correctional institution, prison, jail, detention facility or
10 mental hospital, or any building appurtenant thereto, commits a
11 misdemeanor of the first degree if he has in his possession any
12 telecommunication device without the written permission of the
13 superintendent, warden or otherwise authorized individual in
14 charge of a correctional institution, prison, jail, detention
15 facility or mental hospital.
16 (c.3) Possession of money or other contraband by a confined
17 person.--A confined person commits a misdemeanor of the first
18 degree if he possesses money or other contraband, the delivery
19 of which is prohibited by this section.
20 (d) Drug-sniffing animals.--Any jail or prison may use dogs
21 or other animals trained to sniff controlled substances or other
22 contraband for such purposes in or on any part of the jail or
23 prison at any time.
24 (e) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Confined person." An individual committed pursuant to a
28 court order to a correctional institution, mental hospital,
29 youth development center, youth forestry camp or other facility
30 for the detention or incarceration of individuals pursuant to a
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1 court order, regardless of whether the individual is temporarily
2 absent due to medical treatment, transportation, court
3 appearance or other reason for a temporary absence.
4 "Dangerous material." Any incendiary material or device,
5 highly flammable or caustic liquid, explosive, bullet or other
6 material readily capable of causing death or serious bodily
7 injury.
8 "Delivers." The transfer of a weapon, implement of escape or
9 dangerous material to a confined person in a correctional
10 institution, mental hospital, youth development center, youth
11 forestry camp or other facility for the detention or
12 incarceration of individuals pursuant to court order, building
13 appurtenant thereto or any other place. The term includes taking
14 into or introducing a weapon, implement of escape or dangerous
15 material into a correctional institution, mental hospital, youth
16 development center, youth forestry camp or other facility for
17 the detention or incarceration of individuals pursuant to court
18 order, building appurtenant thereto, on land granted to, owned
19 by or leased by the Commonwealth or a political subdivision that
20 is related to the confinement of persons. The term includes
21 putting a weapon, implement of escape or dangerous material in a
22 place where it may be obtained by a confined person.
23 "Implement of escape." A tool, implement, device, equipment
24 or other item that can facilitate, aid or conceal an escape or
25 attempted escape by a confined person.
26 ["Inmate." A male or female offender who is committed to,
27 under sentence to or confined in a penal or correctional
28 institution.]
29 "Telecommunication device." Any type of instrument, device,
30 machine or equipment which is capable of transmitting
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1 telephonic, electronic, digital, cellular or radio
2 communications or any part of such instrument, device, machine
3 or equipment which is capable of facilitating the transmission
4 of telephonic, electronic, digital, cellular or radio
5 communications. The term shall include, but not be limited to,
6 cellular phones, digital phones and modem equipment devices.
7 "Weapon." An implement readily capable of lethal use,
8 including any firearm, knife, dagger, razor, other cutting or
9 stabbing implement or club. The term includes any item which has
10 been modified or adapted so that it can be used as a firearm,
11 knife, dagger, razor, other cutting or stabbing implement or
12 club. For purposes of this definition, the term "firearm"
13 includes an unloaded firearm or the unassembled components of a
14 firearm.
15 Section 2. Section 6105(b) of Title 18 is amended to read:
16 § 6105. Persons not to possess, use, manufacture, control, sell
17 or transfer firearms.
18 * * *
19 (b) Enumerated offenses.--The following offenses shall apply
20 to subsection (a):
21 Section 908 (relating to prohibited offensive weapons).
22 Section 911 (relating to corrupt organizations).
23 Section 912 (relating to possession of weapon on school
24 property).
25 Section 2502 (relating to murder).
26 Section 2503 (relating to voluntary manslaughter).
27 Section 2504 (relating to involuntary manslaughter) if
28 the offense is based on the reckless use of a firearm.
29 Section 2702 (relating to aggravated assault).
30 Section 2703 (relating to assault by prisoner).
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1 Section 2704 (relating to assault by life prisoner).
2 Section 2709.1 (relating to stalking).
3 Section 2716 (relating to weapons of mass destruction).
4 Section 2901 (relating to kidnapping).
5 Section 2902 (relating to unlawful restraint).
6 Section 2910 (relating to luring a child into a motor
7 vehicle).
8 Section 3121 (relating to rape).
9 Section 3123 (relating to involuntary deviate sexual
10 intercourse).
11 Section 3125 (relating to aggravated indecent assault).
12 Section 3301 (relating to arson and related offenses).
13 Section 3302 (relating to causing or risking
14 catastrophe).
15 Section 3502 (relating to burglary).
16 Section 3503 (relating to criminal trespass) if the
17 offense is graded a felony of the second degree or higher.
18 Section 3701 (relating to robbery).
19 Section 3702 (relating to robbery of motor vehicle).
20 Section 3921 (relating to theft by unlawful taking or
21 disposition) upon conviction of the second felony offense.
22 Section 3923 (relating to theft by extortion) when the
23 offense is accompanied by threats of violence.
24 Section 3925 (relating to receiving stolen property) upon
25 conviction of the second felony offense.
26 Section 4912 (relating to impersonating a public servant)
27 if the person is impersonating a law enforcement officer.
28 Section 4952 (relating to intimidation of witnesses or
29 victims).
30 Section 4953 (relating to retaliation against witness or
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1 victim).
2 Section 5121 (relating to escape).
3 Section 5122 (relating to weapons [or implements for
4 escape], implements of escape or dangerous material).
5 Section 5501(3) (relating to riot).
6 Section 5515 (relating to prohibiting of paramilitary
7 training).
8 Section 5516 (relating to facsimile weapons of mass
9 destruction).
10 Section 6110.1 (relating to possession of firearm by
11 minor).
12 Section 6301 (relating to corruption of minors).
13 Section 6302 (relating to sale or lease of weapons and
14 explosives).
15 Any offense equivalent to any of the above-enumerated
16 offenses under the prior laws of this Commonwealth or any
17 offense equivalent to any of the above-enumerated offenses
18 under the statutes of any other state or of the United
19 States.
20 * * *
21 Section 3. This act shall take effect in 60 days.
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