Bill Text: PA HB684 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for sentence for murder, murder of unborn child and murder of law enforcement officer.

Spectrum: Slight Partisan Bill (Republican 30-13)

Status: (Introduced - Dead) 2009-03-03 - Referred to JUDICIARY [HB684 Detail]

Download: Pennsylvania-2009-HB684-Introduced.html

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PRINTER'S NO. 757
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 684 Session of2009
INTRODUCED BY PAYNE, BAKER, BARRAR, BELFANTI, BEYER, BOYD, CALTAGIRONE, CASORIO, CAUSER, CLYMER, CUTLER, GEORGE, GINGRICH, GROVE, HARHAI, HARRIS, HESS, HICKERNELL, W. KELLER, KILLION, KORTZ, MAJOR, MELIO, MICCARELLI, MILLARD, MOUL, PERRY, PHILLIPS, PYLE, READSHAW, SCAVELLO, SIPTROTH, SOLOBAY, STERN, SWANGER, TRUE, VULAKOVICH AND WANSACZ, MARCH 3, 2009
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for sentence for
murder, murder of unborn child and murder of law enforcement
officer.
It is the intent of the General Assembly that this act
protect the men and women who protect our citizens and preserve
the peace, as well as honor those who have paid the ultimate
sacrifice for their dedication and devotion to duty, by creating
specific offenses and strict penalties for those who commit
violence against law enforcement officers in the performance of
duty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102(a) and (b) of Title 18 of the
Pennsylvania Consolidated Statutes, amended October 17, 2008
(P.L.1628, No.131), are amended to read:
§ 1102. Sentence for murder, murder of unborn child and murder
of law enforcement officer.
(a) First degree.--
(1) A person who has been convicted of a murder of the
first degree or of murder of a law enforcement officer of the
first degree shall be sentenced to death or to a term of life
imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
to sentencing procedure for murder of the first degree). In
the case of a person who has been convicted of murder of a
law enforcement officer in the first degree, the sentence may
not be subject to reduction for any reason nor may the person
be eligible for any parole.
(2) The sentence for a person who has been convicted of
first degree murder of an unborn child shall be the same as
the sentence for murder of the first degree, except that the
death penalty shall not be imposed. This paragraph shall not
affect the determination of an aggravating circumstance under
42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman.
(b) Second degree.--A person who has been convicted of
murder of the second degree, of second degree murder of an
unborn child or of second degree murder of a law enforcement
officer shall be sentenced to a term of life imprisonment. In
the case of a person who has been convicted of murder of a law
enforcement officer in the second degree, the sentence may not
be subject to reduction for any reason nor may the person be
eligible for any parole.
* * *
Section 2. Title 18 is amended by adding sections to read:
§ 2508. Criminal homicide of law enforcement officer.
(a) Murder of a law enforcement officer of the first
degree.--A person commits murder of a law enforcement officer of
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the first degree if the person intentionally or knowingly kills
a law enforcement officer while in the performance of duty
knowing the victim is a law enforcement officer.
(b) Murder of a law enforcement officer of the second
degree.--A person commits murder of a law enforcement officer of
the second degree if the person engages as a principal or an
accomplice in the perpetration of a felony during which a law
enforcement officer is killed while in the performance of duty.
(c) Felony of the first degree.--A person commits a felony
of the first degree if the person, as a direct result of the
doing of any act in a reckless or grossly negligent manner, or
the doing of a lawful act in a reckless or grossly negligent
manner, causes the death of a law enforcement officer in the
performance of duty where the person knows or should have known
the victim is a law enforcement officer.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Law enforcement officer." Any person who by virtue of his
office or public employment is vested by law with a duty to
maintain public order or to make arrests for offenses, whether
that duty extends to all offenses or is limited to specific
offenses.
"Perpetration of a felony." As defined in section 2502(d)
(relating to murder).
§ 2702.2. Assault of law enforcement officer.
(a) Felony of the first degree.--A person commits a felony
of the first degree if the person attempts to cause or
intentionally, knowingly or recklessly causes serious bodily
injury to a law enforcement officer while in the performance of
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duty and knowing the victim is a law enforcement officer.
(b) Felony of the second degree.--A person commits a felony
of the second degree if the person attempts to cause or
intentionally or knowingly causes bodily injury to a law
enforcement officer while in the performance of duty and knowing
the victim is a law enforcement officer.
(c) Misdemeanor of the first degree.--A person commits a
misdemeanor of the first degree if the person recklessly engages
in conduct which places or may place a law enforcement officer,
while in the performance of duty, in danger of death or serious
bodily injury.
(d) Definition.--As used in this section, the term "law
enforcement officer" means any person who by virtue of his
office or public employment is vested by law with a duty to
maintain public order or to make arrests for offenses, whether
that duty extends to all offenses or is limited to specific
offenses.
Section 3. This act shall take effect in 60 days.
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