THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TURZAI, TOOHIL, BOBACK, AUMENT, BLOOM, BOYD, CUTLER, HICKERNELL, KAUFFMAN, METZGAR, SAYLOR, SCAVELLO, STEPHENS, REED, WATSON, ROCK, HENNESSEY, GROVE, METCALFE, MURT AND SWANGER, MAY 3, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 24, 2011   

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, providing for restitution for official oppression;

further providing for the offense of official oppression; and

providing for sentencing for official oppression.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 1107.2.  Restitution for official oppression.

(a)  Restitution.--The court may shall, in addition to any

<--

other restitution sentence or order authorized by law, sentence

a person convicted of a violation of section 5301 (relating to

official oppression) where there is a course of conduct of

<--

official oppression to make restitution for all reasonable

expenses incurred by the victim or on the victim's behalf:

<--

(1)  to investigate the circumstances surrounding the

defendant's violation of section 5301;

(2)  to bring or defend civil or criminal actions related

to the defendant's violation of section 5301; or

(3)  to take other corrective or remedial efforts in

connection with the defendant's violation of section 5301.

(b)  Types of expenses.--The types of expenses that may be

recoverable under this section include, but are not limited to:

(1)  Attorney fees.

(2)  Court costs and filing fees.

(3)  Any other expense the court deems proper.

Section 2.  Section 5301 of Title 18 is amended to read:

§ 5301.  Official oppression.

(a)  Offense defined.--A person acting or purporting to act

<--

in an official capacity or taking advantage of such actual or

purported capacity commits [a [misdemeanor of the second degree

<--

if, knowing that his conduct is illegal, he] felony of the third

<--

degree an offense if he knowingly or recklessly engages in any

<--

of the following conduct:

(1)  unlawfully subjects another to arrest, detention,

search, seizure, mistreatment, dispossession, assessment,

lien or other infringement of personal or property rights; or

(2)  unlawfully denies or impedes another in the exercise

or enjoyment of any right, privilege, power or immunity.

(b)  Grading.--An offense under this section constitutes a

<--

misdemeanor of the second degree, except that where there is a

course of conduct of official oppression, the offense

constitutes a felony of the third degree.

(c)  Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Course of conduct."  A pattern of actions composed of more

than one act over a period of time, however short, committed

against one or more victims, evidencing a continuity of conduct.

Acts indicating a course of conduct which occur in more than one

jurisdiction may be used by any other jurisdiction in which an

act occurred as evidence of a continuing pattern of conduct or a

course of conduct.

Section 3.  Title 42 is amended by adding a section to read:

§ 9720.3.  Sentencing for official oppression.

(a)  Mandatory sentence.--A person who is convicted in any

court of this Commonwealth of a violation of 18 Pa.C.S. § 5301

<--

(relating to official oppression) where there is a course of

<--

conduct of official oppression shall be sentenced to a mandatory

minimum sentence of two years, notwithstanding any other

provision of this title or other statute to the contrary.

(b)  Proof at sentencing.--Provisions of this section shall

not be an element of the crime and notice thereof to the

defendant and shall not be required prior to conviction, but

<--

reasonable notice of the Commonwealth's intention to proceed

under this section shall be provided after conviction and before

sentencing. The applicability of this section shall be

determined at sentencing. The court shall consider any evidence

presented at trial and shall afford the Commonwealth and the

defendant an opportunity to present any necessary additional

evidence and shall determine, by a preponderance of the

evidence, if this section is applicable.

(c)  Authority of court in sentencing.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (a) or to place such offender on probation or to

suspend sentence. Nothing in this section shall prevent the

sentencing court from imposing a sentence greater than that

provided in this section. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this section.

(d)  Appeal by Commonwealth.--If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.

Section 4.  This act shall take effect in 60 days.