Pennsylvania Act 1996-55 — CRIMES CODE (18 PA.C.S.) - AMEND CORRUPT ORGANIZATIONS

Act text

CRIMES CODE (18 PA.C.S.) - AMEND CORRUPT ORGANIZATIONS
                  Act of Jun. 19, 1996, P.L. 342, No. 55              Cl. 18
                             Session of 1996
                               No. 1996-55

     SB 1172

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for corrupt
        organizations.

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

        Section 1.  Section 911(h)(1) and (3) of Title 18 of the
     Pennsylvania Consolidated Statutes are amended and the
     subsection is amended by adding a paragraph 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.)
                    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 [motor vehicle]
                insurance fraud)
                    Chapter 47 (relating to bribery and corrupt
                influence)
                    Chapter 49 (relating to [perjury and other]
                falsification [in official matters] and intimidation)
                    Section 5111 (relating to dealing in proceeds of
                unlawful activities)
                    Section 5512 through 5514 (relating to gambling)
                    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);
                (iii)  any conspiracy to commit any of the offenses
            set forth in subparagraphs (i) and (ii) 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.
            * * *
            (3)  "Enterprise" means any individual, partnership,
        corporation, association or other legal entity, and any union
        or group of individuals associated in fact although not a
        legal entity, engaged in commerce and includes legitimate as
        well as illegitimate entities and governmental entities.
            * * *
            (8)  "Organized crime" means any person or combination of
        persons engaging in or having the purpose of engaging in
        conduct which violates any provision of subsection (b) and
        also includes "organized crime" as defined in section 5702
        (relating to definitions).
        Section 2.  This act shall take effect immediately.

     APPROVED--The 19th day of June, A. D. 1996.

     THOMAS J. RIDGE