Pennsylvania Act 1995-20 (session 1) — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND
        Act of Sep. 26, 1995, Special Session 1, P.L. 1056, No. 20    Cl. 18
                      Special Session No. 1 of 1995
                               No. 1995-20

     HB 127

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, authorizing the court to order an offender to pay
        the cost of a reward; further providing for exceptions to the
        interception and disclosure of communications by inmates of
        correctional institutions; and providing for costs for
        forensic examination for sexual offenses and criminal
        prosecution involving domestic violence.

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

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 1109.  Costs.
        In addition to any other sentence imposed, the court may
     order an offender to pay the cost of any reward paid for the
     apprehension and conviction of the offender.
        Section 2.  Section 5704 of Title 18 is amended by adding a
     paragraph to read:
      § 5704.  Exceptions to prohibition of interception and
                disclosure of communications.
        It shall not be unlawful under this chapter for:
            * * *
            (13)  An investigative officer, a law enforcement officer
        or employees of the Department of Corrections for State
        correctional facilities to intercept, record, monitor or
        divulge any telephone calls from or to an inmate in a
        facility under the following conditions:
                (i)  The Department of Corrections shall adhere to
            the following procedures and restrictions when
            intercepting, recording, monitoring or divulging any
            telephone calls from or to an inmate in a State
            correctional facility as provided for by this paragraph:
                    (A)  Before the implementation of this paragraph,
                all inmates of the facility shall be notified in
                writing that, as of the effective date of this
                paragraph, their telephone conversations may be
                intercepted, recorded, monitored or divulged.
                    (B)  Unless otherwise provided for in this
                paragraph, after intercepting or recording a
                telephone conversation, only the superintendent,
                warden or a designee of the superintendent or warden
                or other chief administrative official or his or her
                designee shall have access to that recording.
                    (C)  The contents of an intercepted and recorded
                telephone conversation shall be divulged only as is
                necessary to safeguard the orderly operation of the
                facility, in response to a court order or in the
                prosecution or investigation of any crime.
                (ii)  So as to safeguard the attorney-client
            privilege, the Department of Corrections shall not
            intercept, record, monitor or divulge any conversation
            between an inmate and an attorney.
                (iii)  Persons who are calling in to a facility to
            speak to an inmate shall be notified that the call may be
            recorded or monitored.
                (iv)  The Department of Corrections shall promulgate
            guidelines to implement the provisions of this paragraph
            for State correctional facilities.
        Section 3.  Title 42 is amended by adding sections to read:
      § 1726.1.  Forensic examination costs for sexual offenses.
        The cost of a forensic rape examination or other physical
     examination conducted for the purpose of gathering evidence in
     any criminal investigation and prosecution under 18 Pa.C.S. Ch.
     31 (relating to sexual offenses) and the cost to provide
     medications prescribed to the victim therein shall not be
     charged to the victim. If appropriate insurance is unavailable,
     reimbursement may be sought pursuant to the provisions of
     section 477.9 of the act of April 9, 1929 (P.L.177, No.175),
     known as The Administrative Code of 1929.
      § 1726.2.  Criminal prosecutions involving domestic violence.
        (a)  General rule.--In any criminal prosecution of an offense
     related to an incident involving domestic violence, of any type
     or grade, whether the charges were filed by private criminal
     complaint, by the police or by the district attorney, no fees,
     costs or fines associated with the filing of the criminal
     charges, the issuance or service of a warrant, protection order
     or subpoena and other generated costs shall be charged to the
     victim.
        (b)  Definition.--For purposes of this section, an offense
     related to an incident involving domestic violence shall be
     defined as any of the offenses or crimes set forth in Title 18
     (relating to crimes and offenses), where the alleged perpetrator
     and victim have one of the relationships set forth in the
     definition of "family or household member" in 23 Pa.C.S. § 6102
     (relating to definitions) or are persons who reside or resided
     temporarily or permanently in the same dwelling.
        Section 4.  The addition of 18 Pa.C.S. § 1109 shall apply to
     sentences imposed on or after the effective date of this act.
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 26th day of September, A. D. 1995.

     THOMAS J. RIDGE