PRINTER'S NO. 325
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
329
Session of
2017
INTRODUCED BY D. COSTA, MATZIE, BAKER, MURT, O'NEILL, COX, WARD,
READSHAW, SNYDER, MILLARD, A. HARRIS, MILNE, CALTAGIRONE,
DeLUCA, GOODMAN, KORTZ, IRVIN, GABLER AND NEILSON,
FEBRUARY 3, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in authorized disposition of
offenders, further providing for fines; in obstructing
governmental operations, further providing for the offense of
weapons or implements for escape and for the offense of
contraband; and, in firearms and other dangerous articles,
further providing for persons not to possess, use,
manufacture, control, sell or transfer firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1101, 5122, 5123 and 6105(b) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
ยง 1101. Fines.
A person who has been convicted of an offense may be
sentenced to pay a fine not exceeding:
(1) [$50,000] $100,000, when the conviction is of murder
or attempted murder.
(2) [$25,000] $50,000, when the conviction is of a
felony of the first or second degree.
(3) [$15,000] $30,000, when the conviction is of a
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felony of the third degree.
(4) [$10,000] $20,000, when the conviction is of a
misdemeanor of the first degree.
(5) [$5,000] $10,000, when the conviction is of a
misdemeanor of the second degree.
(6) [$2,500] $5,000, when the conviction is of a
misdemeanor of the third degree.
(7) [$300] $600, when the conviction is of a summary
offense for which no higher fine is established.
(8) Any higher amount equal to double the pecuniary gain
derived from the offense by the offender.
(9) Any higher or lower amount specifically authorized
by statute.
ยง 5122. Weapons [or implements for escape], implements of
escape or dangerous material.
(a) Offenses defined.--
(1) [A person commits a misdemeanor of the first] An
individual commits a felony of the second degree if he
[unlawfully introduces within a detention facility,
correctional institution or mental hospital, or unlawfully
provides an inmate thereof with any weapon, tool, implement,
or other thing] delivers to a confined person a weapon,
implement of escape, dangerous material or other item which
may be used for escape.
(2) [An inmate] A confined person commits a [misdemeanor
of the first] felony of the second degree if he [unlawfully
procures, makes or otherwise provides himself with, or
unlawfully has in his possession or under his control, any
weapon, tool, implement or other thing] possesses a weapon,
implement of escape, dangerous material or other item which
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may be used for escape.
(b) [Definitions.--
(1) As used in this section, the word "unlawfully" means
surreptitiously or contrary to law, regulation or order of
the detaining authority.
(2) As used in this section, the word "weapon" means any
implement readily capable of lethal use and shall include any
firearm, ammunition, knife, dagger, razor, other cutting or
stabbing implement or club, including any item which has been
modified or adopted so that it can be used as a firearm,
ammunition, knife, dagger, razor, other cutting or stabbing
implement, or club. The word "firearm" includes an unloaded
firearm and the unassembled components of a firearm.]
Definitions.--As used in this section, the following words and
phrases shall have the meanings given to them in this
subsection:
" Confined person. " An individual committed under a court
order to a facility, regardless of whether the individual is
temporarily absent from the facility due to medical treatment,
transportation, court appearance or other reason for a temporary
absence.
" Dangerous material. " Any incendiary material or device,
highly flammable or caustic liquid, explosive, bullet or other
material readily capable of causing death or serious bodily
injury.
" Delivers. " The transfer of a weapon, implement of escape or
dangerous material to a confined person in a facility. The term
includes taking or introducing a weapon, implement of escape or
dangerous material into a facility or on land granted to, owned
by or leased by the Commonwealth or a political subdivision ,
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that is related to the confinement of persons. The term also
includes putting a weapon, implement of escape or dangerous
material in a place where it may be obtained by a confined
person.
" Facility. " A correctional institution, mental hospital,
youth development center, youth forestry camp or other facility
for the detention or incarceration of individuals under court
order, a building appurtenant thereto or any other place where a
confined person is located.
" Implement of escape. " A tool, implement, device, equipment
or other item that can facilitate, aid or conceal an escape or
attempted escape by a confined person.
" Weapon. " An implement readily capable of lethal use,
including a firearm, knife, dagger, razor, other cutting or
stabbing implement or club. The term includes an item which has
been modified or adapted so that it can be used as a firearm,
knife, dagger, razor, other cutting or stabbing implement or
club. For purposes of this definition, the term " firearm "
includes an unloaded firearm or the unassembled components of a
firearm.
ยง 5123. Contraband.
(a) [Controlled] Delivery of controlled substance contraband
to confined persons prohibited.--[A person] An individual
commits a felony of the second degree if he [sells, gives,
transmits or furnishes to any convict in a prison, or inmate in
a mental hospital, or gives away in or brings into any prison,
mental hospital, or any building appurtenant thereto, or on the
land granted to or owned or leased by the Commonwealth or county
for the use and benefit of the prisoners or inmates, or puts in
any place where it may be secured by a convict of a prison,
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inmate of a mental hospital, or employee thereof, any] delivers
a controlled substance included in Schedules I through V of the
act of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, to a confined person
or employee of a facility (except the ordinary hospital supply
of the [prison or mental hospital] facility) without a written
permit signed by the physician of [such institution] the
facility, specifying the quantity and quality of the substance
which may be furnished to [any convict, inmate, or employee in
the prison or mental hospital,] the confined person, the name of
the [prisoner, inmate, or employee for whom,] confined person
and the time when the same may be furnished[, which permit shall
be delivered to and kept by the warden or superintendent of the
prison or mental hospital].
(a.1) Mandatory minimum penalty.--[Any person]
(1) An individual convicted of a violation of subsection
(a) shall be sentenced to a minimum sentence of at least two
years of total confinement, notwithstanding any other
provision of this title or any other statute to the contrary.
Nothing in this subsection shall prevent the sentencing court
from imposing a sentence greater than that provided in this
subsection, up to the maximum penalty prescribed by this
title for a felony of the second degree. There shall be no
authority in any court to impose on an offender to which this
subsection is applicable any lesser sentence than provided
for in subsection (a) or to place such offender on probation
or to suspend sentence. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this subsection. If a
sentencing court refuses to apply this subsection where
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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 subsection if it finds that the sentence
was imposed in violation of this subsection.
(2) Nothing in this subsection shall be construed to
preclude prosecution for a more serious violation of The
Controlled Substance, Drug, Device and Cosmetic Act.
(a.2) Possession of controlled substance contraband by
[inmate] confined persons prohibited.--[A prisoner or inmate] A
confined person commits a felony of the second degree if he
unlawfully has in his possession or under his control any
controlled substance in violation of section 13(a)(16) of The
Controlled Substance, Drug, Device and Cosmetic Act. For
purposes of this subsection, no amount shall be deemed de
minimis.
(b) [Money] Delivery of money to inmates prohibited.--[A
person] An individual commits a misdemeanor of the [third] first
degree if he [gives or furnishes money to any inmate confined in
a State or county] delivers money to an inmate committed to a
correctional institution as defined in section 501 (relating to
definitions), provided notice of this prohibition is adequately
posted at the institution. [A person] An individual may,
however, deposit money with the superintendent, warden[,] or
other authorized individual in charge of a [State or county]
correctional institution for the benefit and use of an inmate
confined therein, which shall be credited to the inmate's
account and expended in accordance with the rules and
regulations of the institution. The person making the deposit
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shall be provided with a written receipt for the amount
deposited.
(c) [Contraband other than controlled substance.--A person]
Delivery of other contraband to confined persons prohibited.--An
individual commits a misdemeanor of the first degree if he
[sells, gives or furnishes to any convict in a prison, or inmate
in a mental hospital, or gives away in or brings into any
prison, mental hospital, or any building appurtenant thereto, or
on the land granted to or owned or leased by the Commonwealth or
county for the use and benefit of the prisoners or inmates, or
puts in any place where it may be secured by a convict of a
prison, inmate of a mental hospital, or employee thereof,]
delivers to a confined person:
(1) any kind of spirituous or fermented liquor, poison
or medicine [or poison] (except the ordinary hospital supply
of the [prison or mental hospital] facility) without a
written permit signed by the physician of [such institution]
the facility, specifying the quantity and quality of the
substance which may be furnished to [any convict, inmate or
employee in the prison or mental hospital, the name of the
prisoner, inmate or employee for whom,] the confined person,
the name of the confined person and the time when the same
may be furnished[, which permit shall be delivered to and
kept by the warden or superintendent of the prison or mental
hospital.];
(2) an unauthorized item that is readily capable of
concealing an item prohibited under section 5122 (relating to
weapons, implements of escape or dangerous material) or this
section ; or
(3) an item designated as a prohibited item by the
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Secretary of Corrections or the superintendent, warden or
otherwise authorized individual in charge of a correctional
institution, prison, jail, detention facility or mental
hospital.
(c.1) [Telecommunication] Delivery of telecommunications
devices to [inmates] confined persons prohibited.--A person
commits a misdemeanor of the first degree if, without the
written permission of superintendent, warden or otherwise
authorized individual in charge of a [correctional institution,
prison, jail, detention facility or mental hospital, he sells,
gives or furnishes] facility, he delivers to any [inmate]
confined person in a [correctional institution, prison, jail,
detention facility or mental hospital, or any building
appurtenant thereto] facility, or puts in any place where it may
be obtained by [an inmate] a confined person [of a correctional
institution, prison, jail, detention facility or mental
hospital], any telecommunication device.
(c.2) Possession of telecommunication devices by [inmates]
confined persons prohibited.--[An inmate] A confined person in a
[correctional institution, prison, jail, detention facility or
mental hospital, or any building appurtenant thereto,] facility
commits a misdemeanor of the first degree if he has in his
possession any telecommunication device without the written
permission of the superintendent, warden or otherwise authorized
individual in charge of [a correctional institution, prison,
jail, detention facility or mental hospital] the facility.
(c.3) Possession of money or other contraband by a confined
person.--A confined person commits a misdemeanor of the first
degree if he possesses anything which is prohibited under
subsection (b) or (c) .
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(c.4) Applicability.--The provisions of subsections (c.1)
and (c.2) shall not apply to civil units of mental hospitals.
(d) Drug-sniffing animals.--Any jail or prison may use dogs
or other animals trained to sniff [controlled substances or
other contraband] anything which is prohibited under this
section for such purposes in or on any part of the jail or
prison at any time.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Confined person." An individual committed under a court
order to a facility, regardless of whether the individual is
temporarily absent due to medical treatment, transportation,
court appearance or other reason for a temporary absence.
"Delivers." Sells, gives, transmits, furnishes or otherwise
transfers anything prohibited under this section to a confined
person in a facility.
"Facility." A correctional institution, mental hospital,
youth development center, youth forestry camp or other facility
for the detention or incarceration of individuals under court
order, a building appurtenant thereto or any other place where a
confined person is located.
["Inmate." A male or female offender who is committed to,
under sentence to or confined in a penal or correctional
institution.]
"Telecommunication device." Any type of instrument, device,
machine or equipment which is capable of transmitting
telephonic, electronic, digital, cellular or radio
communications or any part of such instrument, device, machine
or equipment which is capable of facilitating the transmission
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of telephonic, electronic, digital, cellular or radio
communications. The term shall include, but not be limited to,
cellular phones, digital phones and modem equipment devices.
ยง 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
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Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4906 (relating to false reports to law
enforcement authorities) if the fictitious report involved
the theft of a firearm as provided in section 4906(c)(2).
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness
[or], victim or party).
Section 5121 (relating to escape).
Section 5122 (relating to weapons [or implements for
escape], implements of escape or dangerous material).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
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Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
* * *
Section 2. This act shall take effect in 60 days.
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