Pennsylvania Act 2001-90 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND INTIMIDATION OF WITNESSESS OR VICTIMS AND AGGRAVATED JURY TAMPERING

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND
   INTIMIDATION OF WITNESSESS OR VICTIMS AND AGGRAVATED JURY TAMPERING
                  Act of Dec. 10, 2001, P.L. 855, No. 90              Cl. 18
                             Session of 2001
                               No. 2001-90

     HB 17

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, further providing for intimidation of witnesses and
        victims; and providing for aggravated jury tampering.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 4952 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 4952.  Intimidation of witnesses or victims.
        (a)  Offense defined.--A person commits an offense if, with
     the intent to or with the knowledge that his conduct will
     obstruct, impede, impair, prevent or interfere with the
     administration of criminal justice, he intimidates or attempts
     to intimidate any witness or victim to:
            (1)  Refrain from informing or reporting to any law
        enforcement officer, prosecuting official or judge concerning
        any information, document or thing relating to the commission
        of a crime.
            (2)  Give any false or misleading information or
        testimony relating to the commission of any crime to any law
        enforcement officer, prosecuting official or judge.
            (3)  Withhold any testimony, information, document or
        thing relating to the commission of a crime from any law
        enforcement officer, prosecuting official or judge.
            (4)  Give any false or misleading information or
        testimony or refrain from giving any testimony, information,
        document or thing, relating to the commission of a crime, to
        an attorney representing a criminal defendant.
            (5)  Elude, evade or ignore any request to appear or
        legal process summoning him to appear to testify or supply
        evidence.
            (6)  Absent himself from any proceeding or investigation
        to which he has been legally summoned.
        (b)  Grading.--
            (1)  The offense is a felony of the [third] degree
        indicated in paragraphs (2) through (4) if:
                [(1)] (i)  The actor employs force, violence or
            deception, or threatens to employ force or violence, upon
            the witness or victim or, with the requisite intent or
            knowledge upon any other person.
                [(2)] (ii)  The actor offers any pecuniary or other
            benefit to the witness or victim or, with the requisite
            intent or knowledge, to any other person.
                [(3)] (iii)  The actor's conduct is in furtherance of
            a conspiracy to intimidate a witness or victim.
                [(4)] (iv)  The actor [solicits another to or]
            accepts [or], agrees or solicits another to accept any
            pecuniary or other benefit to intimidate a witness or
            victim.
            [(5)] (v)  The actor has suffered any prior conviction
        for any violation of this [title] section or any predecessor
        law hereto, or has been convicted, under any Federal statute
        or statute of any other state, of an act which would be a
        violation of this [title] section if committed in this State.
            (2)  The offense is a felony of the first degree if a
        felony of the first degree or murder in the first or second
        degree was charged in the case in which the actor sought to
        influence or intimidate a witness or victim as specified in
        this subsection.
            (3)  The offense is a felony of the second degree if a
        felony of the second degree is the most serious offense
        charged in the case in which the actor sought to influence or
        intimidate a witness or victim as specified in this
        subsection.
            (4)  The offense is a felony of the third degree in any
        other case in which the actor sought to influence or
        intimidate a witness or victim as specified in this
        subsection.
            (5)  Otherwise the offense is a misdemeanor of the second
        degree.
        Section 2.  Title 42 is amended by adding a section to read:
      § 4583.1.  Aggravated jury tampering.
        (a)  Offense defined.--A person commits the offense of
     aggravated jury tampering if the person influences, intimidates
     or impedes or attempts to influence, intimidate or impede a
     juror in the discharge of the juror's duties in a civil or
     criminal trial and:
            (1)  The actor employs force, violence or deception or
        threatens to employ force or violence upon the juror or, with
        the requisite intent or knowledge, upon any other person.
            (2)  The actor offers any pecuniary or other benefit to
        the juror or, with the requisite intent or knowledge, to any
        other person.
            (3)  The actor's conduct is in furtherance of a
        conspiracy to intimidate a juror.
            (4)  The actor accepts, agrees or solicits another to
        accept any pecuniary or other benefit to intimidate a juror.
        (b)  Grading.--
            (1)  The offense is a felony of the first degree if
        murder in the first degree or second degree or a felony of
        the first degree is the highest classification of crime
        submitted for deliberation to the jury of which the juror is
        a member.
            (2)  The offense is a felony of the second degree if a
        felony of the second degree is the highest classification of
        crime submitted for deliberation to the jury of which the
        juror is a member.
            (3)  The offense is a felony of the third degree for any
        other violation of this section.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 10th day of December, A. D. 2001.

     MARK S. SCHWEIKER