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                                                       PRINTER'S NO. 517

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 490 Session of 2001


        INTRODUCED BY KUKOVICH, FEBRUARY 15, 2001

        REFERRED TO JUDICIARY, FEBRUARY 15, 2001

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     aggravated assault.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 2702 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 2702.  Aggravated assault.
     9     (a)  Offense defined.--A person is guilty of aggravated
    10  assault if he:
    11         (1)  attempts to cause serious bodily injury to another,
    12     or causes such injury intentionally, knowingly or recklessly
    13     under circumstances manifesting extreme indifference to the
    14     value of human life;
    15         (2)  attempts to cause or intentionally, knowingly or
    16     recklessly causes serious bodily injury to any of the
    17     officers, agents, employees or other persons enumerated in
    18     subsection (c) or to an employee of an agency, company or

     1     other entity engaged in public transportation, while in the
     2     performance of duty;
     3         (3)  attempts to cause or intentionally or knowingly
     4     causes bodily injury to any of the officers, agents,
     5     employees or other persons enumerated in subsection (c), in
     6     the performance of duty;
     7         (4)  attempts to cause or intentionally or knowingly
     8     causes bodily injury to another with a deadly weapon;
     9         (5)  attempts to cause or intentionally or knowingly
    10     causes bodily injury to a teaching staff member, school board
    11     member or other employee, including a student employee, of
    12     any elementary or secondary publicly-funded educational
    13     institution, any elementary or secondary private school
    14     licensed by the Department of Education or any elementary or
    15     secondary parochial school while acting in the scope of his
    16     or her employment or because of his or her employment
    17     relationship to the school; or
    18         (6)  attempts by physical menace to put any of the
    19     officers, agents, employees or other persons enumerated in
    20     subsection (c), while in the performance of duty, in fear of
    21     imminent serious bodily injury.
    22     (b)  Grading.--Aggravated assault under subsection (a)(1) and
    23  (2) is a felony of the first degree. Aggravated assault under
    24  subsection (a)(3), (4), (5) and (6) is a felony of the second
    25  degree.
    26     (c)  Officers, employees, etc., enumerated.--The officers,
    27  agents, employees and other persons referred to in subsection
    28  (a) shall be as follows:
    29         (1)  Police officer.
    30         (2)  Firefighter.
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     1         (3)  County adult probation or parole officer.
     2         (4)  County juvenile probation or parole officer.
     3         (5)  An agent of the Pennsylvania Board of Probation and
     4     Parole.
     5         (6)  Sheriff.
     6         (7)  Deputy sheriff.
     7         (8)  Liquor control enforcement agent.
     8         (9)  Officer or employee of a correctional institution,
     9     county jail or prison, juvenile detention center or any other
    10     facility to which the person has been ordered by the court
    11     pursuant to a petition alleging delinquency under 42 Pa.C.S.
    12     Ch. 63 (relating to juvenile matters).
    13         (10)  Judge of any court in the unified judicial system.
    14         (11)  The Attorney General.
    15         (12)  A deputy attorney general.
    16         (13)  A district attorney.
    17         (14)  An assistant district attorney.
    18         (15)  A public defender.
    19         (16)  An assistant public defender.
    20         (17)  A Federal law enforcement official.
    21         (18)  A State law enforcement official.
    22         (19)  A local law enforcement official.
    23         (20)  Any person employed to assist or who assists any
    24     Federal, State or local law enforcement official.
    25         (21)  Emergency medical services personnel.
    26         (22)  Parking enforcement officer.
    27         (23)  A district justice.
    28         (24)  A constable.
    29         (25)  A deputy constable.
    30         (26)  A psychiatric aide.
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     1         (26.1)  Child welfare caseworker.
     2         (27)  A teaching staff member, a school board member or
     3     other employee, including a student employee, of any
     4     elementary or secondary publicly funded educational
     5     institution, any elementary or secondary private school
     6     licensed by the Department of Education or any elementary or
     7     secondary parochial school while acting in the scope of his
     8     or her employment or because of his or her employment
     9     relationship to the school.
    10     (d)  Definition.--As used in this section, the term
    11  "emergency medical services personnel" includes, but is not
    12  limited to, doctors, residents, interns, registered nurses,
    13  licensed practical nurses, nurse aides, ambulance attendants and
    14  operators, paramedics, emergency medical technicians and members
    15  of a hospital security force while working within the scope of
    16  their employment.
    17     Section 2.  This act shall take effect in 60 days.









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