PRINTER'S NO. 1280
No. 1103 Session of 1977
INTRODUCED BY SCIRICA, RHODES, YOHN, FISHER AND HASKELL,
MAY 2, 1977
REFERRED TO COMMITTEE ON JUDICIARY, MAY 2, 1977
AN ACT
1 Amending the act of November 22, 1968 (P.L.1080, No.333),
2 entitled "An act authorizing courts of record to grant
3 witnesses immunity from prosecution for or on account of any
4 matter or thing concerning which they were ordered to testify
5 in a proceeding before certain grand juries, investigating
6 committees or commissions and courts of record; making the
7 refusal to testify after such immunity criminal contempt and
8 providing penalties," further providing for the granting of
9 immunity.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title and sections 1, 2 and 6, act of
13 November 22, 1968 (P.L.1080, No.333), entitled "An act
14 authorizing courts of record to grant witnesses immunity from
15 prosecution for or on account of any matter or thing concerning
16 which they were ordered to testify in a proceeding before
17 certain grand juries, investigating committees or commissions
18 and courts of record; making the refusal to testify after such
19 immunity criminal contempt and providing penalties," are amended
20 to read:
21 AN ACT
1 Authorizing courts of record to grant witnesses immunity from
2 prosecution for or on account of any matter or thing
3 concerning which they were ordered to testify in a proceeding
4 before [certain] grand juries, investigating committees or
5 commissions and courts of record; making the refusal to
6 testify after such immunity criminal contempt and providing
7 penalties.
8 Section 1. (a) If, in [a proceeding relating to organized
9 crime or racketeering] criminal proceedings relating to any of
10 the offenses enumerated in subsection (b) before a court,
11 regular grand jury, investigating grand jury or investigating
12 body set up by legislative enactment [or by order of the
13 Governor], any person shall refuse to testify or to produce
14 evidence of any other kind on the ground that his testimony or
15 evidence may tend to incriminate him, that person may be ordered
16 to give such testimony. The order to testify shall not be given
17 except upon an order of court after a hearing in which the
18 prosecuting attorney or the Attorney General, as the case may be
19 has established a need for the grant of immunity, as hereinafter
20 provided.
21 (b) Immunity may be granted pursuant to subsection (a) in
22 criminal proceedings relating to violations of:
23 (1) The following provisions of Title 18 (Crimes and
24 Offenses) of the Pennsylvania Consolidated Statutes:
25 Chapter 25 (relating to criminal homicide).
26 Section 2706 (relating to terroristic threats).
27 Chapter 29 (relating to kidnapping).
28 Chapter 33 (relating to arson, etc.).
29 Chapter 39 (relating to theft and related offenses).
30 Chapter 41 (relating to forgery and fraudulent practices).
19770H1103B1280 - 2 -
1 Chapter 47 (relating to bribery and corrupt influence).
2 Chapter 49 (relating to perjury and other falsification in
3 official matters).
4 Chapter 51 (relating to obstructing governmental operations).
5 Chapter 53 (relating to abuse of office).
6 Section 5512 through 5514 (relating to gambling).
7 (2) Any criminal proceeding under section 13 of the act of
8 April 14, 1972 (P.L.233, No.64), known as "The Controlled
9 Substance, Drug, Device and Cosmetic Act."
10 (3) Any conspiracy to commit any of the offenses set forth
11 in clauses (1) and (2).
12 (4) The collection of any money or other property in full or
13 partial satisfaction of a debt which arose as the result of the
14 lending of money or other property at a rate of interest
15 exceeding 25% per annum or the equivalent rate for a longer or
16 shorter period, where not otherwise authorized by law.
17 Section 2. The [Attorney General] prosecuting attorney or
18 the Attorney General, as the case may be, may petition the court
19 of the county in which such proceedings are being conducted for
20 an order requiring any person to testify or produce evidence[,
21 which petition may be joined in by the district attorney of the
22 county where such proceedings are being conducted]. Such
23 petition shall set forth the nature of the investigation and the
24 need for the immunization of the witness.
25 [Section 6. As used in this act--
26 "Organized crime" and "racketeering" shall include, but not
27 be limited to, conspiracy to commit murder, bribery or
28 extortion, narcotic or dangerous drug violations, prostitution,
29 usury, subornation of perjury and lottery, bookmaking or other
30 forms of organized gambling.]
19770H1103B1280 - 3 -
1 Section 2. This act shall take effect in 60 days.
D13L10CVV/19770H1103B1280 - 4 -