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Amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by adding provisions prohibiting the intimidation of witnesses and victims of crimes, providing fines for violations, and requiring that all such fines be paid into a special fund to be used for witness relocation assistance, all under certain terms and conditions.

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File details

Status
Enacted
Type
Bill
Introduced
February 12, 2010
Sponsors
Curtis Jones, Jr.CGCouncilmember GreenCKCouncilmember KrajewskiCGCouncilmember GreenleeCRCouncilmember Reynolds BrownCCCouncilmember Clarke

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 10 of The Philadelphia Code is hereby amended to read as follows:

TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY

* * *

CHAPTER 10-1900. WITNESS INTIMIDATION.

§10-1901. Definitions.

(1) Victim. Any person against whom any crime as defined under the laws of this State or of any other state or of the United States is being or has been perpetrated or attempted.

(2) Witness. Any person having knowledge of the existence or nonexistence of facts or information relating to any crime, including but not limited to those who have reported facts or information to any law enforcement officer, prosecuting official, attorney representing a criminal defendant or judge, those who have been served with a subpoena issued under the authority of this State or any other state or of the United States, and those who have given written or oral testimony in any criminal matter; or who would be believed by any reasonable person to be an individual described in this definition.

§10-1902. Intimidation of witnesses or victims prohibited.

(1) No person shall, with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, intimidate or attempt to intimidate any witness or victim to:

(a) Refrain from informing or reporting to any law enforcement officer, prosecuting official or judge concerning any information, document or thing relating to the commission of a crime;

(b) Give any false or misleading information or testimony relating to the commission of any crime to any law enforcement officer, prosecuting official or judge;

(c) Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement officer, prosecuting official or judge;

(d) Give any false or misleading information or testimony or refrain from giving any testimony, information, document or thing, relating to the commission of a crime, to an attorney representing a criminal defendant;

(e) Elude, evade or ignore any request to appear or legal process summoning him to appear to testify or supply evidence; or

(f) Absent himself from any proceeding or investigation to which he has been legally summoned.

§10-1903. Penalties.

(1) Each violation of this Chapter shall be a Class III offense and subject to a fine as set forth in §1-109.

(2) All fines imposed under this Chapter shall be deposited into a special account that may be used only to pay for witness relocation assistance provided through the Office of the District Attorney.

SECTION 2. Effective Date; Implementation. This Ordinance shall take effect immediately, except that the provisions of §10-1903(2) of The Philadelphia Code, as added by Section 1, shall take effect upon approval of an amendment to The Philadelphia Home Rule Charter authorizing Council's creation of the special account established therein.

______________________

Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    PASSED

    Member-by-member vote published for this action.

    Pass17 Yes · 0 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Anna Cibotti VernaYes
    Bill GreenYes
    Blondell Reynolds BrownYes
    Brian J. O'NeillYes
    Curtis Jones, Jr.Yes
    Darrell L. ClarkeYes
    Donna Reed MillerYes
    Frank J. DiCiccoYes
    Frank RizzoYes
    Jack KellyYes
    James F. KenneyYes
    Jannie L. BlackwellYes
    Joan L. KrajewskiYes
    Maria D. Quiñones-SánchezYes
    Marian B. TascoYes
    W. Wilson Goode, Jr.Yes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

    Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  3. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Greenlee that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 3 procedural actionsCommittee on Law and Government
    ProceduralCommittee on Law and Government

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. Council ActionCommittee on Law and Government

    RECESSED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  6. UnanimousCITY COUNCIL

    Introduced

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember Jones that this matter be Introduced. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation