THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TARTAGLIONE, GREENLEAF, HUGHES, FONTANA, TOMLINSON, STOUT, RAFFERTY, BROWNE, ERICKSON, WONDERLING, STACK, COSTA AND LOGAN, FEBRUARY 20, 2009

REFERRED TO JUDICIARY, FEBRUARY 20, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in assault, further providing for

aggravated assault.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2702(a)(2), (b) and (c) of Title 18 of

the Pennsylvania Consolidated Statutes are amended to read:

§ 2702.  Aggravated assault.

(a)  Offense defined.--A person is guilty of aggravated

assault if he:

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(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;

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(b)  Grading.--Aggravated assault under subsection (a)(1)

[and] or (2) is a felony of the first degree. Aggravated assault

under subsection (a)(3), (4), (5), (6) [and] or (7) is a felony

of the second degree.

(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.

(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 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.

(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.

(37)  An employee of an agency, company or other entity

engaged in public transportation.

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Section 2.  This act shall take effect in 60 days.