Pennsylvania Act 1996-98 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
                  Act of Jul. 11, 1996, P.L. 552, No. 98              Cl. 18
                             Session of 1996
                               No. 1996-98

     SB 1254

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for the offenses of
        possessing instruments of crime; providing for liability for
        reimbursement of costs for outside counsel; further providing
        for corruption of minors; permitting persons to construct,
        deliver, convert or repair vessels equipped with gambling
        devices; and imposing a penalty.

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

        Section 1.  Section 907 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 907.  Possessing instruments of crime.
        (a)  Criminal instruments generally.--A person commits a
     misdemeanor of the first degree if he possesses any instrument
     of crime with intent to employ it criminally.
        (b)  Possession of weapon.--A person commits a misdemeanor of
     the first degree if he possesses a firearm or other weapon
     concealed upon his person with intent to employ it criminally.
        (c)  Unlawful body armor.--A person commits a felony of the
     third degree if in the course of the commission of a felony, or
     in the attempt to commit a felony, he uses or wears body armor
     or has in his control, custody or possession any body armor.
        [(c)] (d)  Definitions.--As used in this section, the
     following words and phrases shall have the meanings given to
     them in this subsection:
        "Body armor."  Any protective covering for the body, or parts
     thereof, made of any polyaramid fiber or any resin-treated glass
     fiber cloth or any material or combination of materials made or
     designed to prevent, resist, deflect or deter the penetration
     thereof by ammunition, knife, cutting or piercing instrument or
     any other weapon.
        "Instrument of crime." Any of the following:
            (1)  Anything specially made or specially adapted for
        criminal use[; or].
            (2)  [anything] Anything commonly used for criminal
        purposes and possessed by the actor under circumstances not
        manifestly appropriate for lawful uses it may have.
        "Weapon."  Anything readily capable of lethal use and
     possessed under circumstances not manifestly appropriate for
     lawful uses which it may have. The term includes a firearm which
     is not loaded or lacks a clip or other component to render it
     immediately operable, and components which can readily be
     assembled into a weapon.
        Section 2.  Title 18 is amended by adding a section to read:
      § 5303.  Liability for reimbursement of costs for outside
                counsel.
        (a)  General rule.--A public official who is convicted of a
     felony or a misdemeanor under Federal law or under the laws of
     this Commonwealth shall be liable for and shall reimburse any
     public money expended by the Commonwealth to cover the costs
     incurred by an agency for outside counsel to defend the
     convicted public official in connection with a criminal
     investigation and prosecution of such public official.
        (b)  Conviction in State court.--When a public official is
     convicted of a felony or misdemeanor in State court, the court
     shall, in addition to the punishment prescribed for the offense,
     order the public official to reimburse any public money for
     which he is liable under subsection (a).
        (c)  Conviction in Federal court.--When a public official is
     convicted of a felony or misdemeanor in a Federal court, the
     Attorney General shall institute a civil action in Commonwealth
     Court to recover the public money for which the public official
     is liable under subsection (a).
        (d)  Method of reimbursement.--The court may order the public
     official to make reimbursement of public money in a lump sum, by
     monthly installments or according to such other schedule as the
     court may determine appropriate. The period of time during which
     the public official is ordered to make such reimbursement may
     exceed the maximum term of imprisonment to which the public
     official could have been sentenced for the crime of which he was
     convicted.
        (e)  Status of reimbursement.--Any reimbursement of public
     money ordered by the court under this section shall be a
     judgment in favor of the Commonwealth upon the public official
     or property of the public official ordered to make
     reimbursement. The Attorney General shall be responsible for
     enforcing such judgment in courts of competent jurisdiction in
     accordance with provisions of this title.
        (f)  Disposition of funds.--Any money reimbursed or recovered
     under this section shall be deposited in the fund from which the
     Commonwealth expended such public money.
        (g)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Convicted."  A finding or verdict of guilty, an admission of
     guilt or a plea of nolo contendere.
        "Public money."  Any money received by the Commonwealth or
     any agency of the Commonwealth through taxes imposed pursuant to
     the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
     Code of 1971, and through fees, fines and penalties imposed
     pursuant to the laws of this Commonwealth.
        "Public official."  Any person who is required to file an
     annual statement of financial interests with the State Ethics
     Commission as a public official of the Commonwealth in
     accordance with the act of October 4, 1978 (P.L.883, No.170),
     referred to as the Public Official and Employee Ethics Law.
        Section 3.  Section 5513 of Title 18 is amended by adding a
     subsection to read:
      § 5513.  Gambling devices, gambling, etc.
        * * *
        (d)  Shipbuilding business.--Notwithstanding any other
     provisions of this section, a person may construct, deliver,
     convert or repair a vessel that is equipped with gambling
     devices if all of the following conditions are satisfied:
            (1)  The work performed on the vessel is ordered by a
        customer who uses or possesses the vessel outside of this
        Commonwealth in a locality where the use or possession of the
        gambling devices on the vessel is lawful.
            (2)  The work performed on the vessel that is equipped
        with gambling devices is performed at a shipbuilding or
        repair yard located within a port facility under the
        jurisdiction of any port authority organized under the act of
        December 6, 1972 (P.L.1392, No.298), known as the Third Class
        City Port Authority Act.
            (3)  The person provides the Office of Attorney General,
        prior to the importation of the gambling devices into this
        Commonwealth, records that account for the gambling devices,
        including the identification number affixed to each gambling
        device by the manufacturer and that identify the location
        where the gambling devices will be stored prior to the
        installation of the gambling devices on the vessel.
            (4)  The person stores the gambling devices at a secured
        location and permits any person authorized to enforce the
        gambling laws to inspect the location where the gambling
        devices are stored and records relating to the storage of the
        gambling devices.
            (5)  If the person removes used gambling devices from a
        vessel, the person shall provide the Office of Attorney
        General of Pennsylvania with an inventory of the used
        gambling devices prior to their removal from the vessel. The
        inventory shall include the identification number affixed to
        each gambling device by the manufacturer.
            (6)  The person submits documentation to the Office of
        Attorney General of Pennsylvania no later than 30 days after
        the date of delivery that the vessel equipped with gambling
        devices has been delivered to the customer who ordered the
        work performed on the vessel.
            (7)  The person does not sell a gambling device to any
        other person except to a customer who shall use or possess
        the gambling device outside of this Commonwealth in a
        locality where the use or possession of the gambling device
        is lawful. If a person sells a gambling device to such a
        customer, the person shall submit documentation to the Office
        of Attorney General of Pennsylvania no later than 30 days
        after the date of delivery that the gambling device has been
        delivered to the customer.
        (e)  Penalty.--Any person who fails to provide records as
     provided in subsection (d) commits a summary offense.
        (f)  Definitions.--As used in this section, the term
     "gambling place" does not include a vessel that is in the
     process of construction, delivery, conversion or repair by a
     shipbuilding business that complies with subsection (d).
        Section 4.  Section 6301(a) of Title 18 is amended to read:
      § 6301.  Corruption of minors.
        (a)  Offense defined.--
            (1)  Whoever, being of the age of 18 years and upwards,
        by any act corrupts or tends to corrupt the morals of any
        minor less than 18 years of age, or who aids, abets, entices
        or encourages any such minor in the commission of any crime,
        or who knowingly assists or encourages such minor in
        violating his or her parole or any order of court, [is guilty
        of] commits a misdemeanor of the first degree.
            (2)  Any person who knowingly aids, abets, entices or
        encourages a minor younger than 18 years of age to commit
        truancy commits a summary offense. Any person who violates
        this paragraph within one year of the date of a first
        conviction under this section commits a misdemeanor of the
        third degree. A conviction under this paragraph shall not,
        however, constitute a prohibition under section 6105
        (relating to persons not to possess, use, manufacture,
        control, sell or transfer firearms).
        * * *
        Section 5.  This act shall take effect as follows:
            (1)  The amendment of 18 Pa.C.S. § 5513 shall take effect
        immediately.
            (2)  This section shall take effect immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 11th day of July, A. D. 1996.

     THOMAS J. RIDGE