PENAL LAUS A Heport of the JOINT ST ;WE GOVEflNMEI\TT COHIHS:3ION to the GE~llirt1~ A8~EMBLY of the COHHONUEALTH OF PENNSYL1JAl'TIA February 194-9 LETTER OF TRAN3JvlITT AL To the Hembers of the General Assembly of the Common­ wealth of Pennsylvania: Pursuant to Senate Concurrent Resolution No. 113, Session of 19~7, we submit herewith a report dealing "lith the revision and codification of the penal laws. In accord,ance with Act No. ~, Session of 191+3, Section.'+, the Commission created a subcommittee to aid in the task assigned. On behalf of the Commission, the cooperation of the members of the subcommittee is gratefully acknmlledged. \Jeldon B. Heyburn, Chairman Joint state Government Commission Capitol Building Harrisburg, Pennsylvania February, 19 1+9 ii JOINT STATE GOVERN}lliNT CO]~;ISSION Honorable \'!eldon B. Heyburn, Chairman Honorable Baker Royer, Vice Chairman Honorable Herbert P. Sorg, Secretary-Treasurer Senate Members House Nembers Joseph 11. Barr Hiram G. Andrews Leroy E. Chapman Adam T. Bower John H. Dent Homer S. Brown Anthony J. DiSilvestro Charles H. Brunner, Jr. James A. Geltz Edwin C. E.ring Weldon B. Heyburn Ira T. Fiss Frederick L. Homsher Robert D. Fleming A. Evans Kephart IV. ,stuart Helm A. H. Letzler Earl E. Hewitt, Sr. John G. Snm/den Thomas H. Lee O. J. Tallman Albert S. Readinger M. Harvey Taylor Baker Royer John N. Hall:er Herbert P. Sorg Guy IJ. Davis, Counsel and Director Paul H. Wueller, Associate Director in Charge of Research and Statistics L. D. Stambaugh, Hesident Secretary f~toinette S. Giddings, Administrative Assistant iii JOINT STATE GOVER~~NT COW1IS3ION SUBCOl'fllITTEE ON PENAL LAWS AND CRIMINAL PROCEDURE Honorable John W. Lord, Jr., Chairman Honorable Francis Worley, Vice Chairman Senate Members House Members C. Arthur Blass Homer S. Brown Paul M. Crider Charles H. Brunner, Jr. Bertram G. Frazier Albert S. Readinger John W. Lord, Jr. William Z. Scott William S. Rahauser Edwin W. Tompkins Carleton T. \"Joodring Francis I"forley iv" HISTORY No revision of the penal laws Has made between 1860 and 1939. The criminal law nov[ in force is set forth largely in the Act of June 24-, 1939, P. L. 872, lmown as "The Penal Code," and a:nendments thereto. The Penal Code of 1939 made ,10 attempt at u!1iformity or consistency. It did, however, include in one statute the more important criminal laws of the Con~onwealth. The General t,s'lembly, .Sess ion of 194-5, by TIes olution, Serial Number 15, direct"d the Joint state Government Com­ mission to investi::;ate, survey and consider all penal laVls of the Com:nol1\'!ealth and to l'evi-;e and restate the .s ame in codified form and report its findings and conclusions to the 194-7 Session of the General Assembly. The subcommittee of the Joint State Government Cor,uaiss ion charged \'lith the initial study 1'!ere Paul M. Crider, Chairman, C. Arthur Blass, Israel Stiefel, appointed on the part of the Senate; francis ',"or ley, Vice Chairman, Charles H. Brunner, Jr. Joseph Skale, appointed on the ,art of the House; and an advisory committee headed by IV. H. Hitchler, Dean of the Dickinson ::;chool of Law, included the follouing: Ltd SCHOOLS C. Gerald Brophy, Dean, School of Law, Duquesne University; Judson A. Crane, Dean, 3chool of Law, University of Pittsburgh; Dr. 2dwin R. Keedy, School of Law, University of Pennsylvania; 1 Dr. Negley K. Teeters, Temple Univers i ty; BAR AS!30C IAT ION 1:lilliam B. t'lcClenachan, Jr., Esquire; JUDJ}~S -Hon. Thomas J. Baldrige, Judge of the Superior Court; Hon. N. J. Eagan, Judge of the Court of Common Pleas of Laclmvlanna County; Hon. James :::;ay Gordon, Judge of the Court of Common Pleas of Philadelphia County; Hon. Burton R. Laub, Judge of the Court of COllunon Pleas of Erie County; Hon. Harry S. llcDevitt, JUdge of the Court of Common Pleas of Philadelphia County; Hon. 1'1. C. Sheely, President Judge, Court of Common ?leas of Adams COlmty; Hon. Jospeph Sloane, Judge of the Court of Common Pleas of Philadelphia County; Hon. Robert E. \Joodside, Jr., Judge of the Court of Common Pleas of Dauphin County; DI,S'rHrC'.c ,\Tl'ORNEYS,-Franldin E. Barr, Assistant Distri.ct ;\ttorney of Philadelphia COlmty; Edvlin H. Clark, District Attorney of Indiana COlmty; George F. P. Langfitt, i"irst Assi.stant District Attorney of Allegheny County; Leon ,Sclwartz, District Attorney of Luzerne COU.i1ty; Carl B. Shelley, District Attorney of Dauphin COl'J1ty; PRACT ITI Ol'YERS ­ Carl Helmetag, Esquire, Thomas D. McBride, Esquire. The report of that study, submitted to the 19~7 Session of the General Assembl~ is set forth at pages 27 to 30 of "Summary Ileport of the Joint state Government Commission, !>larch 21, 19~7," and the Commission IS recommendations l'lere contained in Senate Bill No. 306 (19~7). The General Assembly after studying the proposals in the committees of both houses during the 19~7 Session, b> 2 concurrent resolution directed the Joint State Government Commission to continue its survey, investigation and con­ sideration of the penal laws, to revise and restate them and submit a bill embodying SQme ~t the 1949 Session. The revision and restatement recommended by the Joint State Government Cornmission are embodied in Senate Bill No. 243, Session of 1949, a copy of which is attached hereto. 3 . .. DIGEST OF SENATE BILL NO. 2~3 (1949) The bill by its terms is des ignated the "Crimes Act." It is not a codification of existing la,., but a re- vision and redrafting of all of the more important criminal laws. 2. The bill sets forth: 13 Offensos against the Government 20 Offenses against Public Justice and Adminis- tration 15 Offenses against the Public ~eace 23 Offenses against Public Morals and Decency 67 Offenses against Public Policy, Economy and Health 21 Offenses aGainst the Person 5~ Offenses against Personal Propecty and Fraudulent dealing therewith 22 Offenses against Real Property and Malicious Nischief 100ffetlses agcdnstthe Coin and 2orgorJ[ 3. Attached hereto is a reference table showing the section titles and section numbers of Senate Bill No. 243 (1949), the corresponding section numbers appearing in Senate Bill No. 306, Printer's No. 571 (1947) and the equivalent sections of the Penal Code of 1939, P. L. 872 and its amendments. 4. peneral features of Senate Bill No. 243 (1949): .. (a) Eliminates archaic and obsolete languaf,e in defining offenses (b) Eliminates technical and surplus verbiaf,e (c) Groups related provisions to~ether, briefly :md concisely (d) ~estotes ond clarifies conflicting provisions (e) !'lakes UIliform the distinction beh/een felonies and misdemeanors by providing that 0.11 crimes punishable by imprisonment of more than three (3) years are felonies; and that all other crimes are misdemeanors. \)hen the offense is sumlnary the text so states. ~Jith the offenses thus classified: 68 are felonies 146 are misdemeanors 43 are sunh~ary offenses In some instances a single section contains both a felony and a misdemeanor as illustrated by sections 307 and 318 (f) Ha1ms uniform the method of fixing lJenalties by providing a fine of ()1000 for ench year of imprisonment ':/hich may ~JC ir.l)osed so t:-tot uhere the maximum imprisonment is 1 yeoI' the maximu.m fine is ;?1000; vrhere the r1axir,lUm ir.1liI·i.30nment is 2 years, the maximum fine is ·;;2000; if 5' years, then $5'000 and so on. In order to meet 5' this standard of uniformity it was necessary to change many of the penalties provided for in eXisting law. These chan~es are swnmarized as follows: 247 maximum fines vlere increased 82 maximum prison terms were increased 53 maximum fines remain unchansed 189 maximum prison terms renain unchanged 18 maximum fines \;lere decreased 47 maximum prison terms \·rere decreased Considering hath the maximum fine cmd prison term as provided for each offense the change mClY be summClrized as f0110'IS: for 82 offenses increase in hath fine and prison term for 15 offenses decrease in hath fine and prison term for 36 offenses both fine and prison term remain unchBn~ed for 150 offenses increase in fine, prison term remains unchanged for 3 offenses decrease in fine, prison term remc\ins nnchan,-;od for 7 offenses decre,·" i Y. '.':: ", '. ·rpj~m, fine remains l.ruChd;l.:;)'r :~. for 15 of;enses inCreQ3~ in fL1E, decrease in prison term 6 .,~.-'-. - Tho above tabulation takes into account the instances where numerous separate offenses listed in the present law have been consolidated into a single section, and relates the penalty in each case to the penalty provided for in the consolidated section of Senate Bill No. 243, (1949) (g) There are no penalties that require fine AND imprisonment. All penalties provide for fine OR imprisonment OR both. There are no minimum penalties; all penalties are maximum. A court may suspend sentence, or sentence from one minute or l¢ or both, to the maximum penalty provided (h) Abolishes imprisonment at separate or solitary confinement at hard labor and all modified forms thereof, and provides for "imprison­ ment" only (section 1111) (i) Provides for restitution as part of tbe sen­ tence where property has been stolen or converted (section 1112) (j) Preserves all offenses nO\~ provided for whether at common law or by statute not repealed (section 1101) (k) In all cases where imprisonment is provided fQr in Senate Bill No. 243 (1949), imprisorunent is provided for by laws now in force. 7 "From the earliest time until 1925, the penalty for murder in the first degree Vias death.