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| PRIOR PRINTER'S NO. 1726 | PRINTER'S NO. 1943 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY TURZAI, TOOHIL, BOBACK, AUMENT, BLOOM, BOYD, CUTLER, HICKERNELL, KAUFFMAN, METZGAR, SAYLOR, SCAVELLO, STEPHENS, REED, WATSON, ROCK, HENNESSEY, GROVE, METCALFE, MURT AND SWANGER, MAY 3, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 24, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, providing for restitution for official oppression; |
4 | further providing for the offense of official oppression; and |
5 | providing for sentencing for official oppression. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 18 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding a section to read: |
10 | § 1107.2. Restitution for official oppression. |
11 | (a) Restitution.--The court may shall, in addition to any | <-- |
12 | other restitution sentence or order authorized by law, sentence |
13 | a person convicted of a violation of section 5301 (relating to |
14 | official oppression) where there is a course of conduct of | <-- |
15 | official oppression to make restitution for all reasonable |
16 | expenses incurred by the victim or on the victim's behalf: | <-- |
17 | (1) to investigate the circumstances surrounding the |
18 | defendant's violation of section 5301; |
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1 | (2) to bring or defend civil or criminal actions related |
2 | to the defendant's violation of section 5301; or |
3 | (3) to take other corrective or remedial efforts in |
4 | connection with the defendant's violation of section 5301. |
5 | (b) Types of expenses.--The types of expenses that may be |
6 | recoverable under this section include, but are not limited to: |
7 | (1) Attorney fees. |
8 | (2) Court costs and filing fees. |
9 | (3) Any other expense the court deems proper. |
10 | Section 2. Section 5301 of Title 18 is amended to read: |
11 | § 5301. Official oppression. |
12 | (a) Offense defined.--A person acting or purporting to act | <-- |
13 | in an official capacity or taking advantage of such actual or |
14 | purported capacity commits [a [misdemeanor of the second degree | <-- |
15 | if, knowing that his conduct is illegal, he] felony of the third | <-- |
16 | degree an offense if he knowingly or recklessly engages in any | <-- |
17 | of the following conduct: |
18 | (1) unlawfully subjects another to arrest, detention, |
19 | search, seizure, mistreatment, dispossession, assessment, |
20 | lien or other infringement of personal or property rights; or |
21 | (2) unlawfully denies or impedes another in the exercise |
22 | or enjoyment of any right, privilege, power or immunity. |
23 | (b) Grading.--An offense under this section constitutes a | <-- |
24 | misdemeanor of the second degree, except that where there is a |
25 | course of conduct of official oppression, the offense |
26 | constitutes a felony of the third degree. |
27 | (c) Definitions.--The following words and phrases when used |
28 | in this section shall have the meanings given to them in this |
29 | subsection unless the context clearly indicates otherwise: |
30 | "Course of conduct." A pattern of actions composed of more |
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1 | than one act over a period of time, however short, committed |
2 | against one or more victims, evidencing a continuity of conduct. |
3 | Acts indicating a course of conduct which occur in more than one |
4 | jurisdiction may be used by any other jurisdiction in which an |
5 | act occurred as evidence of a continuing pattern of conduct or a |
6 | course of conduct. |
7 | Section 3. Title 42 is amended by adding a section to read: |
8 | § 9720.3. Sentencing for official oppression. |
9 | (a) Mandatory sentence.--A person who is convicted in any |
10 | court of this Commonwealth of a violation of 18 Pa.C.S. § 5301 | <-- |
11 | (relating to official oppression) where there is a course of | <-- |
12 | conduct of official oppression shall be sentenced to a mandatory |
13 | minimum sentence of two years, notwithstanding any other |
14 | provision of this title or other statute to the contrary. |
15 | (b) Proof at sentencing.--Provisions of this section shall |
16 | not be an element of the crime and notice thereof to the |
17 | defendant and shall not be required prior to conviction, but | <-- |
18 | reasonable notice of the Commonwealth's intention to proceed |
19 | under this section shall be provided after conviction and before |
20 | sentencing. The applicability of this section shall be |
21 | determined at sentencing. The court shall consider any evidence |
22 | presented at trial and shall afford the Commonwealth and the |
23 | defendant an opportunity to present any necessary additional |
24 | evidence and shall determine, by a preponderance of the |
25 | evidence, if this section is applicable. |
26 | (c) Authority of court in sentencing.--There shall be no |
27 | authority in any court to impose on an offender to which this |
28 | section is applicable any lesser sentence than provided for in |
29 | subsection (a) or to place such offender on probation or to |
30 | suspend sentence. Nothing in this section shall prevent the |
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1 | sentencing court from imposing a sentence greater than that |
2 | provided in this section. Sentencing guidelines promulgated by |
3 | the Pennsylvania Commission on Sentencing shall not supersede |
4 | the mandatory sentences provided in this section. |
5 | (d) Appeal by Commonwealth.--If a sentencing court refuses |
6 | to apply this section where applicable, the Commonwealth shall |
7 | have the right to appellate review of the action of the |
8 | sentencing court. The appellate court shall vacate the sentence |
9 | and remand the case to the sentencing court for imposition of a |
10 | sentence in accordance with this section if it finds that the |
11 | sentence was imposed in violation of this section. |
12 | Section 4. This act shall take effect in 60 days. |
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