Pennsylvania Act 2002-84 — CRIMES CODE (18 PA.C.S.) - AMEND CRIME VICTIMS EMPLOYMENT PROTECTION, VICTIM'S AND WITNESS'S FAMILY MEMBERS AND CONTRABAND PROHIBITION

Act text

CRIMES CODE (18 PA.C.S.) - AMEND CRIME VICTIMS EMPLOYMENT PROTECTION,
     VICTIM'S AND WITNESS'S FAMILY MEMBERS AND CONTRABAND PROHIBITION
                  Act of Jun. 28, 2002, P.L. 494, No. 84              Cl. 18
                             Session of 2002
                               No. 2002-84

     SB 820

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for protection of
        employment of crime victims, family members of victims and
        witnesses; and further prohibiting contraband.

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

        Section 1.  Section 4957 heading and (a) of Title 18 of the
     Pennsylvania Consolidated Statutes is amended and the section is
     amended by adding a subsection to read:
      § 4957.  Protection of employment of crime victims, family
                members of victims and witnesses.
        (a)  General rule.--An employer shall not deprive an employee
     of his employment, seniority position or benefits, or threaten
     or otherwise coerce him with respect thereto, because the
     employee attends court by reason of being a victim of, or a
     witness to, a crime or a member of such victim's family. Nothing
     in this section shall be construed to require the employer to
     compensate the employee for employment time lost because of such
     court attendance.
        * * *
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Family."  This term shall have the same meaning as in
     section 103 of the act of November 24, 1998 (P.L.882, No.111),
     known as the Crime Victims Act.
        "Victim."  This term shall have the same meaning as "direct
     victim" in section 103 of the act of November 24, 1998 (P.L.882,
     No.111), known as the Crime Victims Act.
        Section 2.  Section 5123 of Title 18 is amended by adding
     subsections to read:
      § 5123.  Contraband.
        * * *
        (c.1)  Telecommunication devices to inmates prohibited.--A
     person commits a misdemeanor of the first degree if, without the
     written permission of superintendent, warden or otherwise
     authorized individual in charge of a correctional institution,
     prison, jail, detention facility or mental hospital, he sells,
     gives or furnishes to any inmate in a correctional institution,
     prison, jail, detention facility or mental hospital, or any
     building appurtenant thereto, or puts in any place where it may
     be obtained by an inmate of a correctional institution, prison,
     jail, detention facility or mental hospital, any
     telecommunication device.
        (c.2)  Possession of telecommunication devices by inmates
     prohibited.--An inmate in a correctional institution, prison,
     jail, detention facility or mental hospital, or any building
     appurtenant thereto, commits a misdemeanor of the first degree
     if he has in his possession any telecommunication device without
     the written permission of the superintendent, warden or
     otherwise authorized individual in charge of a correctional
     institution, prison, jail, detention facility or mental
     hospital.
        * * *
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Inmate."  A male or female offender who is committed to,
     under sentence to or confined in a penal or correctional
     institution.
        "Telecommunication device."  Any type of instrument, device,
     machine or equipment which is capable of transmitting
     telephonic, electronic, digital, cellular or radio
     communications or any part of such instrument, device, machine
     or equipment which is capable of facilitating the transmission
     of telephonic, electronic, digital, cellular or radio
     communications. The term shall include, but not be limited to,
     cellular phones, digital phones and modem equipment devices.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 28th day of June, A. D. 2002.

     MARK S. SCHWEIKER