Pennsylvania Act 2006-168 — CRIMES CODE (18 PA.C.S.) - RACKETEERING ACTIVITY, ARSON AND RELATED OFFENSES AND UNSWORN FALSIFICATION TO AUTHORITIES

Act text

CRIMES CODE (18 PA.C.S.) - RACKETEERING ACTIVITY, ARSON AND RELATED
            OFFENSES AND UNSWORN FALSIFICATION TO AUTHORITIES
                 Act of Nov. 29, 2006, P.L. 1481, No. 168             Cl. 18
                             Session of 2006
                               No. 2006-168

     SB 583

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further defining "racketeering
        activity"; and further providing for arson and related
        offenses and for the offense of unsworn falsification to
        authorities.

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

        Section 1.  Section 911(h)(1) of Title 18 of the Pennsylvania
     Consolidated Statutes, amended November 1, 2006 (P.L.1243,
     No.135), is amended to read:
      § 911.  Corrupt organizations.
        * * *
        (h)  Definitions.--As used in this section:
            (1)  "Racketeering activity" means:
                (i)  any act which is indictable under any of the
            following provisions of this title:
                    Chapter 25 (relating to criminal homicide)
                    Section 2706 (relating to terroristic threats)
                    Chapter 29 (relating to kidnapping)
                    Chapter 33 (relating to arson, [etc.)] criminal
                mischief and other property destruction)
                    Chapter 37 (relating to robbery)
                    Chapter 39 (relating to theft and related
                offenses)
                    Section 4108 (relating to commercial bribery and
                breach of duty to act disinterestedly)
                    Section 4109 (relating to rigging publicly
                exhibited contest)
                    Section 4117 (relating to insurance fraud)
                    Chapter 47 (relating to bribery and corrupt
                influence)
                    Chapter 49 (relating to falsification and
                intimidation)
                    Section 5111 (relating to dealing in proceeds of
                unlawful activities)
                    [Section 5512 through 5514 (relating to
                gambling)]
                    Section 5512 (relating to lotteries, etc.)
                    Section 5513 (relating to gambling devices,
                gambling, etc.)
                    Section 5514 (relating to pool selling and
                bookmaking)
                    Chapter 59 (relating to public indecency)
                (ii)  any offense indictable under section 13 of the
            act of April 14, 1972 (P.L.233, No.64), known as The
            Controlled Substance, Drug, Device and Cosmetic Act
            (relating to the sale and dispensing of narcotic drugs);
                (ii.1)  any offense indictable under 4 Pa.C.S. Pt. II
            (relating to gaming);
                (iii)  any conspiracy to commit any of the offenses
            set forth in subparagraphs (i) [and (ii)], (ii) and
            (ii.1) of this paragraph; or
                (iv)  the collection of any money or other property
            in full or partial satisfaction of a debt which arose as
            the result of the lending of money or other property at a
            rate of interest exceeding 25% per annum or the
            equivalent rate for a longer or shorter period, where not
            otherwise authorized by law.
        Any act which otherwise would be considered racketeering
        activity by reason of the application of this paragraph,
        shall not be excluded from its application solely because the
        operative acts took place outside the jurisdiction of this
        Commonwealth, if such acts would have been in violation of
        the law of the jurisdiction in which they occurred.
            * * *
        Section 2.  Section 3301 of Title 18 is amended by adding a
     subsection to read:
      § 3301.  Arson and related offenses.
        * * *
        (h.1)  Prohibition on certain service.--A person convicted of
     violating this section or any similar offense under Federal or
     State law shall be prohibited from serving as a firefighter in
     this Commonwealth and shall be prohibited from being certified
     as a firefighter under section 4 of the act of November 13, 1995
     (P.L.604, No.61), known as the State Fire Commissioner Act.
     Proof of nonconviction must consist of either of the following:
            (1)  An official criminal history record check obtained
        pursuant to Chapter 91 (relating to criminal history record
        information) indicating no arson convictions.
            (2)  A dated and signed statement by the person swearing
        to the following:
            I have never been convicted of an offense that
            constitutes the crime of "arson and related offenses"
            under 18 Pa.C.S. § 3301 or any similar offense under any
            Federal or State law. I hereby certify that the
            statements contained herein are true and correct to the
            best of my knowledge and belief. I understand that if I
            knowingly make any false statement herein, I am subject
            to penalties prescribed by law, including, but not
            limited to, a fine of at least $1,000.
        * * *
        Section 3.  Section 4904 of Title 18 is amended by adding a
     subsection to read:
      § 4904.  Unsworn falsification to authorities.
        * * *
        (d)  Penalty.--In addition to any other penalty that may be
     imposed, a person convicted under this section shall be
     sentenced to pay a fine of at least $1,000.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 29th day of November, A. D. 2006.

     EDWARD G. RENDELL