PRINTER'S NO. 451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY D. COSTA, YOUNGBLOOD, MILLARD, TALLMAN, KULA, FABRIZIO, GODSHALL, KORTZ, SWANGER, DAVIDSON, READSHAW, C. HARRIS, DELUCA, CLYMER, MATZIE, MILLER, GOODMAN, MURT AND DEASY, JANUARY 30, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 30, 2013
1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for fines, for
3weapons or implements for escape and for contraband; and
4making a conforming amendment.
9§ 1101. Fines.
18(4) [$10,000] $20,000, when the conviction is of a
1misdemeanor of the first degree.
14(a) Offenses defined.--
15(1) [A person commits a misdemeanor of the first] An
16individual commits a felony of the second degree if he
17[unlawfully introduces within a detention facility,
18correctional institution or mental hospital, or unlawfully
19provides an inmate thereof with any weapon, tool, implement,
20or other thing] delivers to a confined person a weapon,
21implement of escape, dangerous material or other item which
22may be used for escape.
23(2) [An inmate] A confined person commits a [misdemeanor
24of the first] felony of the second degree if he [unlawfully
25procures, makes or otherwise provides himself with, or
26unlawfully has in his possession or under his control, any
27weapon, tool, implement or other thing] possesses a weapon,
28implement of escape, dangerous material or other item which
29may be used for escape.
4(2) As used in this section, the word "weapon" means any
5implement readily capable of lethal use and shall include any
6firearm, ammunition, knife, dagger, razor, other cutting or
7stabbing implement or club, including any item which has been
8modified or adopted so that it can be used as a firearm,
9ammunition, knife, dagger, razor, other cutting or stabbing
10implement, or club. The word "firearm" includes an unloaded
11firearm and the unassembled components of a firearm.]
15"Confined person." An individual committed under a court
16order to a facility, regardless of whether the individual is
17temporarily absent from the facility due to medical treatment,
18transportation, court appearance or other reason for a temporary
24"Delivers." The transfer of a weapon, implement of escape or
25dangerous material to a confined person in a facility. The term
26includes taking or introducing a weapon, implement of escape or
27dangerous material into a facility, on land granted to, owned by
28or leased by the Commonwealth or a political subdivision, that
29is related to the confinement of persons. The term also includes
30putting a weapon, implement of escape or dangerous material in a
1place where it may be obtained by a confined person.
2"Facility." Correctional institution, mental hospital, youth
3development center, youth forestry camp or other facility for
4the detention or incarceration of individuals under court order,
5building appurtenant thereto or any other place where a confined
6person is located.
10"Weapon." An implement readily capable of lethal use,
11including any firearm, knife, dagger, razor, other cutting or
12stabbing implement or club. The term includes any item which has
13been modified or adapted so that it can be used as a firearm,
14knife, dagger, razor, other cutting or stabbing implement or
15club. For purposes of this definition, the term "firearm"
16includes an unloaded firearm or the unassembled components of a
18§ 5123. Contraband.
19(a) [Controlled] Delivery of controlled substance contraband
20to confined persons prohibited.--[A person] An individual
21commits a felony of the second degree if he [sells, gives,
22transmits or furnishes to any convict in a prison, or inmate in
23a mental hospital, or gives away in or brings into any prison,
24mental hospital, or any building appurtenant thereto, or on the
25land granted to or owned or leased by the Commonwealth or county
26for the use and benefit of the prisoners or inmates, or puts in
27any place where it may be secured by a convict of a prison,
28inmate of a mental hospital, or employee thereof, any] delivers
29a controlled substance included in Schedules I through V of the
30act of April 14, 1972 (P.L.233, No.64), known as The Controlled
1Substance, Drug, Device and Cosmetic Act, to a confined person
2or employee of a facility (except the ordinary hospital supply
3of the [prison or mental hospital] facility) without a written
4permit signed by the physician of [such institution] the
5facility, specifying the quantity and quality of the substance
6which may be furnished to [any convict, inmate, or employee in
7the prison or mental hospital,] the confined person, the name of
8the [prisoner, inmate, or employee for whom,] confined person
9and the time when the same may be furnished[, which permit shall
10be delivered to and kept by the warden or superintendent of the
11prison or mental hospital].
12(a.1) Mandatory minimum penalty.--[Any person]
13(1) An individual convicted of a violation of subsection
14(a) shall be sentenced to a minimum sentence of at least two
15years of total confinement, notwithstanding any other
16provision of this title or any other statute to the contrary.
17Nothing in this subsection shall prevent the sentencing court
18from imposing a sentence greater than that provided in this
19subsection, up to the maximum penalty prescribed by this
20title for a felony of the second degree. There shall be no
21authority in any court to impose on an offender to which this
22subsection is applicable any lesser sentence than provided
23for in subsection (a) or to place such offender on probation
24or to suspend sentence. Sentencing guidelines promulgated by
25the Pennsylvania Commission on Sentencing shall not supersede
26the mandatory sentences provided in this subsection. If a
27sentencing court refuses to apply this subsection where
28applicable, the Commonwealth shall have the right to
29appellate review of the action of the sentencing court. The
30appellate court shall vacate the sentence and remand the case
7(a.2) Possession of controlled substance contraband by
8[inmate] confined persons prohibited.--[A prisoner or inmate] A
9confined person commits a felony of the second degree if he
10unlawfully has in his possession or under his control any
11controlled substance in violation of section 13(a)(16) of The
12Controlled Substance, Drug, Device and Cosmetic Act. For
13purposes of this subsection, no amount shall be deemed de
15(b) [Money] Delivery of money to inmates prohibited.--[A
16person] An individual commits a misdemeanor of the [third] first
17degree if he [gives or furnishes money to any inmate confined in
18a State or county] delivers money to an inmate committed to a
19correctional institution as defined in section 501 (relating to
20definitions), provided notice of this prohibition is adequately
21posted at the institution. [A person] An individual may,
22however, deposit money with the superintendent, warden[,] or
23other authorized individual in charge of a [State or county]
24correctional institution for the benefit and use of an inmate
25confined therein, which shall be credited to the inmate's
26account and expended in accordance with the rules and
27regulations of the institution. The person making the deposit
28shall be provided with a written receipt for the amount
30(c) [Contraband other than controlled substance.--A person]
1Delivery of other contraband to confined persons prohibited.--An
2individual commits a misdemeanor of the first degree if he
3[sells, gives or furnishes to any convict in a prison, or inmate
4in a mental hospital, or gives away in or brings into any
5prison, mental hospital, or any building appurtenant thereto, or
6on the land granted to or owned or leased by the Commonwealth or
7county for the use and benefit of the prisoners or inmates, or
8puts in any place where it may be secured by a convict of a
9prison, inmate of a mental hospital, or employee thereof,]
10delivers to a confined person:
11(1) any kind of spirituous or fermented liquor, poison
12or medicine [or poison] (except the ordinary hospital supply
13of the [prison or mental hospital] facility) without a
14written permit signed by the physician of [such institution]
15the facility, specifying the quantity and quality of the
16substance which may be furnished to [any convict, inmate or
17employee in the prison or mental hospital, the name of the
18prisoner, inmate or employee for whom,] the confined person,
19the name of the confined person and the time when the same
20may be furnished[, which permit shall be delivered to and
21kept by the warden or superintendent of the prison or mental
27(3) any item designated as a prohibited item by the
28Secretary of Corrections or the superintendent, warden or
29otherwise authorized individual in charge of a correctional
30institution, prison, jail, detention facility or mental
2(c.1) [Telecommunication] Delivery of telecommunications
3devices to [inmates] confined persons prohibited.--A person
4commits a misdemeanor of the first degree if, without the
5written permission of superintendent, warden or otherwise
6authorized individual in charge of a [correctional institution,
7prison, jail, detention facility or mental hospital, he sells,
8gives or furnishes] facility, he delivers to any [inmate]
9confined person in a [correctional institution, prison, jail,
10detention facility or mental hospital, or any building
11appurtenant thereto] facility, or puts in any place where it may
12be obtained by [an inmate] a confined person [of a correctional
13institution, prison, jail, detention facility or mental
14hospital], any telecommunication device.
15(c.2) Possession of telecommunication devices by [inmates]
16confined persons prohibited.--[An inmate] A confined person in a
17[correctional institution, prison, jail, detention facility or
18mental hospital, or any building appurtenant thereto,] facility
19commits a misdemeanor of the first degree if he has in his
20possession any telecommunication device without the written
21permission of the superintendent, warden or otherwise authorized
22individual in charge of [a correctional institution, prison,
23jail, detention facility or mental hospital] the facility.
24(c.3) Possession of money or other contraband by a confined
25person.--A confined person commits a misdemeanor of the first
26degree if he possesses anything the delivery of which is
27prohibited under subsection (b) or (c).
30(d) Drug-sniffing animals.--Any jail or prison may use dogs
1or other animals trained to sniff [controlled substances or
2other contraband] anything the delivery of which is prohibited
3under this section for such purposes in or on any part of the
4jail or prison at any time.
8"Confined person." An individual committed under a court
9order to a facility, regardless of whether the individual is
10temporarily absent due to medical treatment, transportation,
11court appearance or other reason for a temporary absence.
15"Facility." Correctional institution, mental hospital, youth
16development center, youth forestry camp or other facility for
17the detention or incarceration of individuals under court order,
18building appurtenant thereto or any other place where a confined
19person is located.
23"Telecommunication device." Any type of instrument, device,
24machine or equipment which is capable of transmitting
25telephonic, electronic, digital, cellular or radio
26communications or any part of such instrument, device, machine
27or equipment which is capable of facilitating the transmission
28of telephonic, electronic, digital, cellular or radio
29communications. The term shall include, but not be limited to,
30cellular phones, digital phones and modem equipment devices.
3* * *
6Section 908 (relating to prohibited offensive weapons).
7Section 911 (relating to corrupt organizations).
10Section 2502 (relating to murder).
11Section 2503 (relating to voluntary manslaughter).
14Section 2702 (relating to aggravated assault).
15Section 2703 (relating to assault by prisoner).
16Section 2704 (relating to assault by life prisoner).
17Section 2709.1 (relating to stalking).
18Section 2716 (relating to weapons of mass destruction).
19Section 2901 (relating to kidnapping).
20Section 2902 (relating to unlawful restraint).
23Section 3121 (relating to rape).
26Section 3125 (relating to aggravated indecent assault).
27Section 3301 (relating to arson and related offenses).
30Section 3502 (relating to burglary).
3Section 3701 (relating to robbery).
4Section 3702 (relating to robbery of motor vehicle).
20Section 5121 (relating to escape).
23Section 5501(3) (relating to riot).
30Section 6301 (relating to corruption of minors).
3Any offense equivalent to any of the above-enumerated
4offenses under the prior laws of this Commonwealth or any
5offense equivalent to any of the above-enumerated offenses
6under the statutes of any other state or of the United
8* * *
9Section 2. This act shall take effect in 60 days.