act-1995-1-20•Pennsylvania Act 1995-20 (session 1) — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND
Pennsylvania Act 1995-20 (session 1) — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND
act-1995-1-201995 Pa. Act 20 (session 1)Law
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
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