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                                                      PRINTER'S NO. 1373

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1122 Session of 2007


        INTRODUCED BY WANSACZ, STURLA, SANTONI, SHIMKUS, WOJNAROSKI,
           BARRAR, BOYD, CASORIO, DeLUCA, FABRIZIO, GEIST, GINGRICH,
           GODSHALL, GOODMAN, HARHAI, KILLION, KORTZ, LEACH, MARKOSEK,
           MURT, NAILOR, PAYTON, READSHAW, REICHLEY, SCHRODER, HORNAMAN
           AND JOSEPHS, APRIL 23, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 23, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for definitions and
     3     for the offenses of intimidation of witnesses or victims,
     4     retaliation against witness, victim or party and for
     5     retaliation against prosecutor or judicial official.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 4501 of Title 18 of the Pennsylvania
     9  Consolidated Statutes is amended by adding definitions to read:
    10  § 4501.  Definitions.
    11     Subject to additional definitions contained in subsequent
    12  provisions of this article which are applicable to specific
    13  chapters or other provisions of this article, the following
    14  words and phrases, when used in this article shall have, unless
    15  the context clearly indicates otherwise, the meanings given to
    16  them in this section:
    17     * * *
    18     "Disciplinary proceeding."  An action before a licensing

     1  board which determines whether discipline is to be imposed upon
     2  a licensee under the jurisdiction of the licensing board.
     3     "Discipline."  A sanction imposed by a licensing board upon a
     4  licensee under its jurisdiction.
     5     * * *
     6     "Licensing board."  Any of the following:
     7         (1)  A board or commission:
     8             (i)  which is empowered to license, certify or
     9         register individuals as members of an occupation or
    10         profession; and
    11             (ii)  of which the Commissioner of Professional and
    12         Occupational Affairs is a member.
    13         (2)  The State Board of Certified Real Estate Appraisers.
    14         (3)  The Navigation Commission for the Delaware River and
    15     its navigable tributaries.
    16     * * *
    17     "Professional or occupational license."  An authorization by
    18  a licensing board to practice a profession or occupation. The
    19  term includes a temporary practice permit, a temporary license,
    20  certification or registration.
    21     * * *
    22     Section 2.  Sections 4951, 4952(a), 4953(a) and 4953.1(c) of
    23  Title 18 are amended to read:
    24  § 4951.  Definitions.
    25     The following words and phrases when used in this subchapter
    26  shall have, unless the context clearly indicates otherwise, the
    27  meanings given to them in this section:
    28     "Victim."  [Any] A person against whom any crime as defined
    29  under the laws of this State or of any other state or of the
    30  United States is being or has been perpetrated or attempted[.]
    20070H1122B1373                  - 2 -     

     1  or a person who has filed a complaint with the Department of
     2  State against the holder of a professional or occupational
     3  license.
     4     "Witness."  [Any] A person having knowledge of the existence
     5  or nonexistence of facts or information relating to any crime,
     6  including but not limited to those who have reported facts or
     7  information to any law enforcement officer, prosecuting
     8  official, attorney representing a criminal defendant or judge,
     9  those who have been served with a subpoena issued under the
    10  authority of this State or any other state or of the United
    11  States, and those who have given written or oral testimony in
    12  any criminal matter; or who would be believed by any reasonable
    13  person to be an individual described in this definition. The
    14  term includes a person having knowledge of the existence or
    15  nonexistence of facts or information relating to a disciplinary
    16  proceeding or an investigation conducted by the Department of
    17  State into the acts or omissions of a holder of a professional
    18  or occupational license which, if prosecuted, would lead to a
    19  disciplinary proceeding.
    20  § 4952.  Intimidation of witnesses or victims.
    21     (a)  Offense defined.--A person commits an offense if, with
    22  the intent to or with the knowledge that his conduct will
    23  obstruct, impede, impair, prevent or interfere with the
    24  administration of criminal justice, with the administration of
    25  disciplinary proceedings or with the administration of an
    26  investigation conducted by the Department of State into the acts
    27  or omissions of a holder of a professional or occupational
    28  license which, if prosecuted, would lead to a disciplinary
    29  proceeding, he intimidates or attempts to intimidate any witness
    30  or victim to:
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     1         (1)  Refrain from informing or reporting to any law
     2     enforcement officer, prosecuting official or judge concerning
     3     any information, document or thing relating to the commission
     4     of a crime[.] or refrain from informing or reporting any
     5     information, document or thing relating to a disciplinary
     6     proceeding or an investigation by the Department of State
     7     into the acts or omissions of a holder of a professional or
     8     occupational license which, if prosecuted, would lead to a
     9     disciplinary proceeding.
    10         (2)  Give any false or misleading information or
    11     testimony relating to the commission of any crime to any law
    12     enforcement officer, prosecuting official or judge[.] or give
    13     any false or misleading information or testimony relating to
    14     a disciplinary proceeding or give any false or misleading
    15     information to an employee of the Department of State who is
    16     concerned with the administration of an investigation into
    17     the acts or omissions of a holder of a professional or
    18     occupational license which, if prosecuted, would lead to a
    19     disciplinary proceeding.
    20         (3)  Withhold any testimony, information, document or
    21     thing relating to the commission of a crime from any law
    22     enforcement officer, prosecuting official or judge[.] or
    23     withhold any testimony, information, document or thing
    24     relating to a disciplinary proceeding or an investigation
    25     conducted by the Department of State into the acts or
    26     omissions of a holder of a professional or occupational
    27     license which, if prosecuted, would lead to a disciplinary
    28     proceeding.
    29         (4)  Give any false or misleading information or
    30     testimony or refrain from giving any testimony, information,
    20070H1122B1373                  - 4 -     

     1     document or thing, relating to the commission of a crime, to
     2     an attorney representing a criminal defendant[.] or give any
     3     false or misleading information or testimony or refrain from
     4     giving any testimony, information, document or thing relating
     5     to a disciplinary proceeding, to an attorney representing a
     6     holder of a professional or occupational license.
     7         (5)  Elude, evade or ignore any request to appear or
     8     legal process summoning him to appear to testify or supply
     9     evidence[.] relating to a criminal matter or elude, evade or
    10     ignore any request or legal process summoning him to appear
    11     to testify in a disciplinary proceeding or supply evidence
    12     relating to a disciplinary proceeding or an investigation
    13     conducted by the Department of State relating to the acts or
    14     omissions of a holder of a professional or occupational
    15     license which, if prosecuted, would lead to a disciplinary
    16     proceeding.
    17         (6)  Absent himself from any proceeding or investigation
    18     to which he has been legally summoned. This paragraph
    19     includes a disciplinary proceeding or an investigation
    20     conducted by the Department of State into the acts or
    21     omissions of a holder of a professional or occupational
    22     license which, if prosecuted, would lead to a disciplinary
    23     proceeding.
    24     * * *
    25  § 4953.  Retaliation against witness, victim or party.
    26     (a)  Offense defined.--A person commits an offense if he
    27  harms another by any unlawful act or engages in a course of
    28  conduct or repeatedly commits acts which threaten another in
    29  retaliation for anything lawfully done in the capacity of
    30  witness, victim or a party in a civil matter or a disciplinary
    20070H1122B1373                  - 5 -     

     1  proceeding.
     2     * * *
     3  § 4953.1.  Retaliation against prosecutor or judicial official.
     4     * * *
     5     (c)  Definitions.--As used in this section, the following
     6  words and phrases shall have the meanings given to them in this
     7  subsection:
     8     "Judicial official."  Any person who is a:
     9         (1)  judge of the court of common pleas;
    10         (2)  judge of the Commonwealth Court;
    11         (3)  judge of the Superior Court;
    12         (4)  justice of the Supreme Court;
    13         (5)  magisterial district judge;
    14         (6)  judge of the Pittsburgh Magistrate's Court;
    15         (7)  judge of the Philadelphia Municipal Court;
    16         (8)  judge of the Traffic Court of Philadelphia; [or]
    17         (9)  master appointed by a judge of a court of common
    18     pleas[.]; or
    19         (10)  hearing examiner for a licensing board or a member
    20     of a licensing board.
    21     "Prosecutor."  Any person who is:
    22         (1)  an Attorney General;
    23         (2)  a deputy attorney general;
    24         (3)  a district attorney; [or]
    25         (4)  an assistant district attorney[.]; or
    26         (5)  a prosecutor for a licensing board.
    27     Section 3.  This act shall take effect in 60 days.


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