Bill Text: PA HB1878 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for definitions, for aggravated assault and for criminal trespass.

Spectrum: Slight Partisan Bill (Republican 23-9)

Status: (Engrossed - Dead) 2010-06-29 - Referred to JUDICIARY [HB1878 Detail]

Download: Pennsylvania-2009-HB1878-Amended.html

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PRIOR PRINTER'S NOS. 2495, 2995 PRINTER'S NO. 4007
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1878 Session of2009
INTRODUCED BY KILLION, BARRAR, BRENNAN, CHRISTIANA, DALLY, DePASQUALE, FAIRCHILD, GALLOWAY, GINGRICH, GODSHALL, GROVE, HARHART, HENNESSEY, MAJOR, MANN, MARKOSEK, MARSHALL, MICOZZIE, MUSTIO, O'NEILL, PASHINSKI, REICHLEY, SAYLOR, SIPTROTH, SOLOBAY, STEVENSON, R. TAYLOR, TRUE, VULAKOVICH, YUDICHAK, CIVERA AND SONNEY, JULY 22, 2009
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 28, 2010
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for definitions and, <--
for the offenses of possession of weapons and aggravated <--
assault and for criminal trespass. <--
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this part, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Private residential rehabilitative institution." A facility,
other than one operated by a government agency which provides
juveniles who are legally committed to the institution or
legally committed to a day treatment program at the institution
under a proceeding conducted under 42 Pa.C.S. Ch. 63 (relating
to juvenile matters), educational services as part of a
rehabilitative package, funded, at least in part, through
contractual agreements with the county in which each child is a
resident, where the institution received an amount per diem for
each child who is legally committed to the institution or
legally committed to a day treatment program at the institution
from the county.
* * *
Section 2. Sections 912(b), 2702(a) and (c) and 3503(d) of <--
Title 18 are amended to read:
§ 912. Possession of weapon on school property. <--
* * *
(b) Offense defined.--A person commits a misdemeanor of the
first degree if he possesses a weapon in the buildings of, on
the grounds of, or in any conveyance providing transportation to
or from any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school licensed
by the Department of Education or any elementary or secondary
parochial school or private residential rehabilitative
institution.
* * *
§ 2702. Aggravated assault.
(a) Offense defined.--A person is guilty of aggravated
assault if he:
(1) attempts to cause serious bodily injury to another,
or causes such injury intentionally, knowingly or recklessly
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under circumstances manifesting extreme indifference to the
value of human life;
(2) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to any of the
officers, agents, employees or other persons enumerated in
subsection (c) or to an employee of an agency, company or
other entity engaged in public transportation, while in the
performance of duty;
(3) attempts to cause or intentionally or knowingly
causes bodily injury to any of the officers, agents,
employees or other persons enumerated in subsection (c), in
the performance of duty;
(4) attempts to cause or intentionally or knowingly
causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly
causes bodily injury to a teaching staff member, school board
member or other employee, including a student employee, of
any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school
licensed by the Department of Education [or], any elementary
or secondary parochial school or private residential
rehabilitative institution while acting in the scope of his
or her employment or because of his or her employment
relationship to the school;
(6) attempts by physical menace to put any of the
officers, agents, employees or other persons enumerated in
subsection (c), while in the performance of duty, in fear of
imminent serious bodily injury; or
(7) uses tear or noxious gas as defined in section
2708(b) (relating to use of tear or noxious gas in labor
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disputes) or uses an electric or electronic incapacitation
device against any officer, employee or other person
enumerated in subsection (c) while acting in the scope of his
employment.
* * *
(c) Officers, employees, etc., enumerated.--The officers,
agents, employees and other persons referred to in subsection
(a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and
Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution,
county jail or prison, juvenile detention center or any other
facility to which the person has been ordered by the court
pursuant to a petition alleging delinquency under 42 Pa.C.S.
Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
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(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any
Federal, State or local law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A magisterial district judge.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or
other employee, including a student employee, of any
elementary or secondary publicly funded educational
institution, any elementary or secondary private school
licensed by the Department of Education [or], any elementary
or secondary parochial school or private residential
rehabilitative institution while acting in the scope of his
or her employment or because of his or her employment
relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
(32) Member of the General Assembly.
(33) An employee of the Department of Environmental
Protection.
(34) An individual engaged in the private detective
business as defined in section 2(a) and (b) of the act of
August 21, 1953 (P.L.1273, No.361), known as The Private
Detective Act of 1953.
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(35) An employee or agent of a county children and youth
social service agency or of the legal representative of such
agency.
(36) A public utility employee or an employee of an
electric cooperative.
* * *
§ 3503. Criminal trespass.
* * *
(d) Definition.--As used in this section, the term "school
grounds" means any building of or grounds of any elementary or
secondary publicly funded educational institution, any
elementary or secondary private school licensed by the
Department of Education, any elementary or secondary parochial
school, any private residential rehabilitative institution, any
certified day-care center or any licensed preschool program.
Section 3. This act shall take effect in 60 days.
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