SENATE AMENDED
PRIOR PRINTER'S NOS. 771, 2953, 3981 PRINTER'S NO. 4195
No. 689 Session of 1997
INTRODUCED BY ARGALL, WALKO, TIGUE, SEMMEL, B. SMITH, PLATTS,
RUBLEY, M. N. WRIGHT, SHANER, BROWNE, BAKER, GEIST, STURLA,
SATHER, RAMOS, ITKIN, STERN, BARD, BOSCOLA, FARGO, FORCIER,
EGOLF, E. Z. TAYLOR, ROSS AND CALTAGIRONE, MARCH 10, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 24, 1998
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for INSTITUTIONAL SEXUAL <--
3 ASSAULT AND FOR obstructing emergency services; FURTHER <--
4 PROHIBITING LIVE ANIMALS AS PRIZES; AND PROHIBITING THE
5 CRIMINAL USE OF COMMUNICATION FACILITIES.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section SECTIONS to read: <--
10 § 3124.2. INSTITUTIONAL SEXUAL ASSAULT. <--
11 (A) GENERAL RULE.--A PERSON WHO IS AN EMPLOYEE OR AGENT OF
12 THE DEPARTMENT OF CORRECTIONS OR COUNTY CORRECTIONAL AUTHORITY
13 COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF THE PERSON ENGAGES
14 IN SEXUAL INTERCOURSE, DEVIATE SEXUAL INTERCOURSE OR INDECENT
15 CONTACT WITH AN INMATE.
16 (B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "AGENT"
17 MEANS A PERSON WHO IS ASSIGNED TO WORK IN A STATE OR COUNTY
18 CORRECTIONAL FACILITY WHO IS EMPLOYED BY ANY STATE AGENCY OR ANY
1 PERSON EMPLOYED BY AN ENTITY PROVIDING CONTRACT SERVICES TO THE
2 DEPARTMENT OF CORRECTIONS OR COUNTY CORRECTIONAL AUTHORITY.
3 § 5112. Obstructing emergency services.
4 (a) Offense defined.--A person commits a summary offense <--
5 MISDEMEANOR OF THE THIRD DEGREE if he knowingly impedes, <--
6 obstructs or interferes with emergency services personnel
7 providing emergency medical services to an injured victim or
8 performing RESCUE OR firefighting activities. <--
9 (b) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Emergency medical services." The services utilized in
13 responding to the needs of an individual for immediate medical
14 care in order to prevent loss of life or the aggravation of
15 physiological or psychological illness or injury.
16 "Emergency services personnel." Police, firefighters, <--
17 licensed physicians, registered nurses, emergency medical
18 technicians and technician-paramedics and first responders.
19 "EMERGENCY SERVICES PERSONNEL." A PERSON, INCLUDING A <--
20 TRAINED VOLUNTEER OR A MEMBER OF THE ARMED FORCES OF THE UNITED
21 STATES OR THE NATIONAL GUARD, WHOSE OFFICIAL OR ASSIGNED
22 RESPONSIBILITIES INCLUDE PERFORMING OR DIRECTLY SUPPORTING THE
23 PERFORMANCE OF EMERGENCY MEDICAL OR RESCUE SERVICES OR
24 FIREFIGHTING.
25 "RESCUE." THE ACT OF EXTRICATING PERSONS FROM ENTRAPMENT OR
26 DANGEROUS SITUATIONS WHICH POSE THE IMMINENT THREAT OF DEATH OR
27 SERIOUS BODILY INJURY.
28 SECTION 2. SECTION 5511.1(A) AND (B) OF TITLE 18 ARE AMENDED <--
29 TO READ:
30 § 5511.1. LIVE ANIMALS AS PRIZES PROHIBITED.
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1 (A) GENERAL RULE.--NO PERSON SHALL GIVE OR OFFER TO GIVE
2 AWAY ANY LIVE ANIMAL, EXCEPT FISH, AS A PRIZE IN ANY DRAWING,
3 LOTTERY, CONTEST, SWEEPSTAKES OR OTHER GAME. NO PERSON OPERATING
4 ANY DRAWING, LOTTERY, CONTEST, SWEEPSTAKE OR OTHER GAME SHALL
5 SELL OR OFFER TO SELL ANY LIVE ANIMAL, EXCEPT FISH, IN
6 CONJUNCTION WITH THE OPERATION OF A DRAWING, LOTTERY, CONTEST,
7 SWEEPSTAKES OR OTHER GAME.
8 (B) EXCEPTION.--
9 (1) THIS SECTION SHALL NOT APPLY TO ANY DOMESTIC ANIMAL
10 GIVEN AWAY OR SOLD IN CONNECTION WITH ANY AGRICULTURAL,
11 EDUCATIONAL OR VOCATIONAL PROGRAM SPONSORED OR SANCTIONED BY
12 THE DEPARTMENT OF AGRICULTURE.
13 (2) THE DEPARTMENT OF AGRICULTURE SHALL PROMULGATE THE
14 RULES AND REGULATIONS NECESSARY TO PROVIDE THE CONDITIONS AND
15 REQUIREMENTS OF LIVE ANIMAL OFFERINGS UNDER THIS SUBSECTION.
16 * * *
17 SECTION 3. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
18 § 7509. CRIMINAL USE OF COMMUNICATION FACILITY.
19 (A) OFFENSE DEFINED.--A PERSON COMMITS A FELONY OF THE THIRD
20 DEGREE IF THAT PERSON USES A COMMUNICATION FACILITY TO COMMIT,
21 CAUSE OR FACILITATE THE COMMISSION OR THE ATTEMPT THEREOF OF ANY
22 CRIME WHICH CONSTITUTES A FELONY UNDER THIS TITLE OR UNDER THE
23 ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED
24 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT. EVERY INSTANCE WHERE
25 THE COMMUNICATION FACILITY IS UTILIZED CONSTITUTES A SEPARATE
26 OFFENSE UNDER THIS SECTION.
27 (B) PENALTY.--A PERSON WHO VIOLATES THIS SECTION SHALL, UPON
28 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN $15,000
29 OR TO IMPRISONMENT FOR NOT MORE THAN SEVEN YEARS, OR BOTH.
30 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM
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1 "COMMUNICATION FACILITY" MEANS A PUBLIC OR PRIVATE
2 INSTRUMENTALITY USED OR USEFUL IN THE TRANSMISSION OF SIGNS,
3 SIGNALS, WRITING, IMAGES, SOUNDS, DATA OR INTELLIGENCE OF ANY
4 NATURE TRANSMITTED, IN WHOLE OR IN PART, INCLUDING, BUT NOT
5 LIMITED TO, TELEPHONE, WIRE, RADIO, ELECTROMAGNETIC,
6 PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEMS OR THE MAIL.
7 SECTION 2 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. <--
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