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House of Representatives
Session of 2015 - 2016 Regular Session


Posted: January 9, 2015 03:56 PM
From: Representative Mike Regan
To: All House members
Subject: Flaws in Crime Code Retaliation Statute
It has come to my attention that Crimes Code Section 4953 relating to Retaliation against a victim, witness or party, contains a technical flaw that could have major implications.

Currently Subsection (b) of Section 4953 makes it a felony of the third degree “if the retaliation is accomplished by any of the means specified in section 4952(b)(1) though (5) (relating to intimidation of witnesses or victims)”. The problem is that Sections 4952(b)(1) though (5) were amended several years ago and no longer describe those means but Section 4953 was never changed to reflect the new language. This could prohibit a court from imposing a felony sentence against someone who has committed retaliation against a victim, witness or party under those circumstances. In that case, they would only face a misdemeanor of the second degree, which is the grading for all other forms of retaliation.

My bill will correct this problem by making Section 4953 refer to the sections in 4952(b) that have the appropriate language.

I hope you will join me in sponsoring this legislation.

Introduced as HB219