PRINTER'S NO. 2135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1386
Session of
2015
INTRODUCED BY TEPLITZ, KITCHEN, BREWSTER, FONTANA, SCHWANK,
SABATINA, BOSCOLA AND FARNESE, OCTOBER 17, 2016
REFERRED TO JUDICIARY, OCTOBER 17, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in falsification and intimidation,
providing for the offense of intimidation or retaliation in
protection from abuse cases.
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:
§ 4959. Intimidation or retaliation in protection from abuse
cases.
(a) Intimidation.--A person commits an offense if:
(1) The person has knowledge or intends that the
person's conduct under paragraph (2) will obstruct, impede,
impair, prevent or interfere with the filing of a petition
seeking protection from abuse under 23 Pa.C.S. Ch. 61
(relating to protection from abuse) or sexual violence or
intimidation under 42 Pa.C.S. Ch. 62A (relating to protection
of victims of sexual violence or intimidation).
(2) The person intimidates or attempts to intimidate a
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victim or witness to engage in any of the following actions:
(i) Refraining from seeking relief from abuse or
sexual violence or intimidation under 23 Pa.C.S. Ch. 61
or sexual violence or intimidation under 42 Pa.C.S. Ch.
62A.
(ii) Refraining from providing or withholding
information, documentation, testimony or evidence to a
person regarding a protection order proceeding.
(iii) Giving false or misleading information,
documentation, testimony or evidence to a person
regarding a protection order proceeding.
(iv) Eluding, evading or ignoring a request or legal
process summoning the victim or witness to appear to
testify or supply evidence regarding a protection order
proceeding.
(v) Failing to appear at or participate in a
protection order proceeding or meeting involving the
protection order to which the victim or witness has been
legally summoned.
(b) Retaliation.--A person commits an offense if the person
harms another person by an unlawful act or engages in a course
of conduct or repeatedly commits acts which threaten another
person in retaliation for anything that the other person has
lawfully done in the capacity of a witness or victim relating to
a protection order proceeding.
(c) Grading.--
(1) Except as provided in paragraph (2) or (3), a person
who violates this section commits a misdemeanor of the first
degree.
(2) A person who violates this section and has an active
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final protection order enforceable under 23 Pa.C.S. Ch. 61 or
a sexual violence or intimidation order enforceable under 42
Pa.C.S. Ch. 62A against the person commits a felony of the
third degree.
(3) A person who violates this section commits a felony
of the second degree if:
(i) The actor employs force, violence or deception
or threatens to employ force, violence or deception upon
the witness or victim or, with reckless intent or
knowledge, upon any other person.
(ii) The actor offers pecuniary or other benefit to
the witness or victim.
(iii) The actor's conduct is in furtherance of a
conspiracy to intimidate or retaliate against the witness
or victim.
(iv) The actor accepts, agrees or solicits another
person to accept a pecuniary benefit to intimidate or
retaliate against the witness or victim.
(v) The actor has suffered a prior conviction for a
violation of this section or has been convicted under a
Federal statute or statute of any other state of an act
which would be a violation of this section if committed
in this Commonwealth.
(d) Definitions.-- As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Protection order proceeding." A proceeding initiated under
23 Pa.C.S. Ch. 61 or sexual violence or intimidation under 42
Pa.C.S. Ch. 62A.
"Victim." As defined in 23 Pa.C.S. § 6102 (relating to
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definitions) or 42 Pa.C.S. § 62A03 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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