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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, BAKER, CLYMER, HARHAI, HORNAMAN, KNOWLES, MILLARD, MILLER, MILNE, MOUL, MUSTIO, PASHINSKI, READSHAW, SWANGER, TALLMAN AND VULAKOVICH, APRIL 26, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 26, 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, expanding provisions relating to sentence for |
4 | murder, murder of unborn child and murder of law enforcement |
5 | officer, criminal homicide of law enforcement officer and |
6 | assault of law enforcement officer to include first |
7 | responders; imposing penalties; and further providing for |
8 | sentences for offenses committed against law enforcement |
9 | officer. |
10 | It is the intent of the General Assembly that this act |
11 | protect the men and women who provide emergency services to our |
12 | citizens, devote their lives to saving the lives of others and |
13 | perform an extraordinary public service and at times under |
14 | extreme conditions, as well as honor those who have paid the |
15 | ultimate sacrifice for their dedication and devotion to duty, by |
16 | creating specific offenses and strict penalties for those who |
17 | commit violence against first responders in the performance of |
18 | duty. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Sections 1102(a), (b) and (c), 2507 and 2702.1 of |
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1 | Title 18 of the Pennsylvania Consolidated Statutes are amended |
2 | to read: |
3 | § 1102. Sentence for murder, murder of unborn child and murder |
4 | of law enforcement officer or first responder. |
5 | (a) First degree.-- |
6 | (1) A person who has been convicted of a murder of the |
7 | first degree or of murder of a law enforcement officer or |
8 | first responder of the first degree shall be sentenced to |
9 | death or to a term of life imprisonment in accordance with 42 |
10 | Pa.C.S. § 9711 (relating to sentencing procedure for murder |
11 | of the first degree). |
12 | (2) The sentence for a person who has been convicted of |
13 | first degree murder of an unborn child shall be the same as |
14 | the sentence for murder of the first degree, except that the |
15 | death penalty shall not be imposed. This paragraph shall not |
16 | affect the determination of an aggravating circumstance under |
17 | 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman. |
18 | (b) Second degree.--A person who has been convicted of |
19 | murder of the second degree, of second degree murder of an |
20 | unborn child or of second degree murder of a law enforcement |
21 | officer or first responder shall be sentenced to a term of life |
22 | imprisonment. |
23 | (c) Attempt, solicitation and conspiracy.--Notwithstanding |
24 | section 1103(1) (relating to sentence of imprisonment for |
25 | felony), a person who has been convicted of attempt, |
26 | solicitation or conspiracy to commit murder, murder of an unborn |
27 | child or murder of a law enforcement officer or first responder |
28 | where serious bodily injury results may be sentenced to a term |
29 | of imprisonment which shall be fixed by the court at not more |
30 | than 40 years. Where serious bodily injury does not result, the |
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1 | person may be sentenced to a term of imprisonment which shall be |
2 | fixed by the court at not more than 20 years. |
3 | * * * |
4 | § 2507. Criminal homicide of law enforcement officer or first |
5 | responder. |
6 | (a) Murder of a law enforcement officer of the first |
7 | degree.--A person commits murder of a law enforcement officer or |
8 | first responder of the first degree who intentionally kills a |
9 | law enforcement officer or first responder while in the |
10 | performance of duty knowing the victim is a law enforcement |
11 | officer or first responder. |
12 | (b) Murder of a law enforcement officer of the second |
13 | degree.--A person commits murder of a law enforcement officer or |
14 | first responder of the second degree who engages as a principal |
15 | or an accomplice in the perpetration of a felony during which a |
16 | law enforcement officer or first responder is killed while in |
17 | the performance of duty. |
18 | (c) Manslaughter of a law enforcement officer in the first |
19 | degree.--A person commits a felony in the first degree who does |
20 | any of the following: |
21 | (1) Without lawful justification kills a law enforcement |
22 | officer or first responder while in the performance of duty |
23 | and with knowledge that the victim was a law enforcement |
24 | officer or first responder, if at the time of the killing: |
25 | (i) the person is acting under a sudden and intense |
26 | passion resulting from serious provocation by the victim |
27 | killed; or |
28 | (ii) the person is acting under a sudden and intense |
29 | passion resulting from serious provocation by another |
30 | individual whom the actor endeavors to kill, but the |
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1 | person negligently or accidentally causes the death of |
2 | the victim. |
3 | (2) Intentionally or knowingly kills a law enforcement |
4 | officer or first responder while in the performance of duty |
5 | and with knowledge that the victim was a law enforcement |
6 | officer or first responder, if at the time of the killing the |
7 | person believes the circumstances to be such that, if they |
8 | existed, would justify the killing under Chapter 5 (relating |
9 | to general principles of justification), but his belief is |
10 | unreasonable. |
11 | (d) Manslaughter of a law enforcement officer in the second |
12 | degree.--A person commits a felony of the second degree who, as |
13 | a direct result of the doing of an unlawful or lawful act in a |
14 | reckless or grossly negligent manner, causes the death of a law |
15 | enforcement officer or first responder while in the performance |
16 | of duty and the person knew or should have known the victim was |
17 | a law enforcement officer or first responder. |
18 | (e) Definitions.--As used in this section, the following |
19 | words and phrases shall have the meanings given to them in this |
20 | subsection: |
21 | "First responder." The term includes, but is not limited to: |
22 | (1) firefighters; |
23 | (2) emergency medical services personnel; |
24 | (3) fire marshals; and |
25 | (4) fire police. |
26 | "Law enforcement officer." This term shall have the same |
27 | meaning as the term "peace officer" is given under section 501 |
28 | (relating to definitions). |
29 | "Perpetration of a felony." As defined under section 2502(d) |
30 | (relating to murder). |
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1 | § 2702.1. Assault of law enforcement officer or first |
2 | responder. |
3 | (a) Assault of a law enforcement officer or first responder |
4 | in the first degree.--A person commits a felony of the first |
5 | degree who attempts to cause or intentionally or knowingly |
6 | causes bodily injury to a law enforcement officer or first |
7 | responder, while in the performance of duty and with knowledge |
8 | that the victim is a law enforcement officer, by discharging a |
9 | firearm. |
10 | (b) Penalties.--Notwithstanding section 1103(1) (relating to |
11 | sentence of imprisonment for felony), a person convicted under |
12 | subsection (a) shall be sentenced to a term of imprisonment |
13 | fixed by the court at not more than 40 years. |
14 | (c) Definitions.--As used in this section, the following |
15 | words and phrases shall have the meanings given to them in this |
16 | subsection: |
17 | ["Law enforcement officer." The term shall have the same |
18 | meaning as the term "peace officer" is given under section 501 |
19 | (relating to definitions).] |
20 | "Firearm." As defined under 42 Pa.C.S. § 9712(e) (relating |
21 | to sentences for offenses committed with firearms). |
22 | "First responder." The term includes, but is not limited to: |
23 | (1) firefighters, |
24 | (2) emergency medical services personnel; |
25 | (3) fire marshals; and |
26 | (4) fire police. |
27 | "Law enforcement officer." The term shall have the same |
28 | meaning as the term "peace officer" is given under section 501 |
29 | (relating to definitions). |
30 | Section 2. Section 9719.1 of Title 42 is amended to read: |
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1 | § 9719.1. Sentences for offenses committed against law |
2 | enforcement officer or first responder. |
3 | (a) Mandatory sentence.--A person convicted of the following |
4 | offense shall be sentenced to a mandatory term of imprisonment |
5 | as follows: |
6 | 18 Pa.C.S. § 2702.1(a) (relating to assault of law |
7 | enforcement officer or first responder) - not less than 20 |
8 | years. |
9 | (b) Authority of court in sentencing.--There shall be no |
10 | authority in any court to impose on an offender to which this |
11 | section is applicable any lesser sentence than provided for in |
12 | subsection (a) or to place such offender on probation or to |
13 | suspend sentence. Nothing in this section shall prevent the |
14 | sentencing court from imposing a sentence greater than that |
15 | provided in this section. Sentencing guidelines promulgated by |
16 | the Pennsylvania Commission on Sentencing shall not supersede |
17 | the mandatory sentences provided in this section. |
18 | (c) Appeal by Commonwealth.--If a sentencing court refuses |
19 | to apply this section where applicable, the Commonwealth shall |
20 | have the right to appellate review of the action of the |
21 | sentencing court. The appellate court shall vacate the sentence |
22 | and remand the case to the sentencing court for imposition of a |
23 | sentence in accordance with this section if it finds that the |
24 | sentence was imposed in violation of this section. |
25 | (d) Definitions.--As used in this section, the following |
26 | words and phrases shall have the meanings given to them in this |
27 | subsection: |
28 | "First responder." The term includes, but is not limited to: |
29 | (1) firefighters; |
30 | (2) emergency medical services personnel; |
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1 | (3) fire marshals; and |
2 | (4) fire police. |
3 | "Law enforcement officer." The term shall have the same |
4 | meaning as the term "peace officer" is given under 18 Pa.C.S. § |
5 | 501 (relating to definitions). |
6 | Section 3. This act shall take effect in 60 days. |
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