June 20

June 20, 2001

Judiciary Committee Passes Bard Bill Toughening Penalty for False Accusers

HARRISBURG—The House Judiciary Committee has passed legislation sponsored by Montgomery County lawmaker Rep. Ellen Bard (R-153) that would stiffen the penalty for falsely accusing someone of felonious activity.

Bard’s measure—House Bill 57—would increase the offense for falsely incriminating another of a felony crime from a second-degree misdemeanor to a first-degree misdemeanor, which carries a maximum jail sentence of five years and a fine of up to $10,000, if the following circumstances exist:

The false information provided must relate to a crime graded as a felony and:

The person providing the false information to police did so with the intent to implicate another; or
The person providing the false information to police did so maliciously and knowing that no felony violation occurred; or
The person providing the information did so knowing that, in reality, he has no information to give.

The lawmaker authored the bill in response to a situation involving one of her constituents, Michael Gallagher, a schoolteacher who in December 1997 was accused by a former fifth-grade student of sexual molestation years ago. Mr. Gallagher was later vindicated after the charges were dropped by the District Attorney.

"I introduced House Bill 57 in an effort to help protect innocent people like my constituent, Mr. Gallagher, from the devastating effects of false accusations of rape and other felony crimes," Bard said. "This measure also will help those true victims who are made less believable due to false accusations."

Montgomery County District Attorney Bruce Castor said his office investigates roughly a dozen cases of false accusations each year, half of which are prosecuted.

Bard drafted HB 57 in consultation with Castor.

The bill now awaits a vote by the full House of Representatives.