PRINTER'S NO. 1470
No. 1231 Session of 1985
INTRODUCED BY PRATT, FLICK, J. L. WRIGHT, CALTAGIRONE,
COLAFELLA, BELFANTI, PETRONE, CHADWICK, NAHILL, BUSH, CLARK,
STABACK, FARGO, SEMMEL, PRESSMANN, JOHNSON, KOSINSKI, GEIST,
PISTELLA, LASHINGER, WOGAN, FOX, CIMINI, BLAUM, BATTISTO,
SWEET, BALDWIN, PRESTON, PHILLIPS, GANNON, PERZEL, NOYE,
HERMAN, LIVENGOOD, TRELLO, MAIALE, HOWLETT, O'BRIEN,
LESCOVITZ AND VEON, MAY 28, 1985
REFERRED TO COMMITTEE ON JUDICIARY, MAY 28, 1985
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further defining "perpetration of a
3 felony" in relation to murder of the second degree.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2502 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2502. Murder.
9 (a) Murder of the first degree.--A criminal homicide
10 constitutes murder of the first degree when it is committed by
11 an intentional killing.
12 (b) Murder of the second degree.--A criminal homicide
13 constitutes murder of the second degree when it is committed
14 while defendant was engaged as a principal or an accomplice in
15 the perpetration of a felony.
16 (c) Murder of the third degree.--All other kinds of murder
1 shall be murder of the third degree. Murder of the third degree
2 is a felony of the first degree.
3 (d) Definitions.--As used in this section the following
4 words and phrases shall have the meanings given to them in this
5 subsection:
6 "Fireman." Includes any employee or member of a municipal
7 fire department or volunteer fire company.
8 "Hijacking." Any unlawful or unauthorized seizure or
9 exercise of control, by force or violence or threat of force or
10 violence.
11 "Intentional killing." Killing by means of poison, or by
12 lying in wait, or by any other kind of willful, deliberate and
13 premeditated killing.
14 "Perpetration of a felony." The act of the defendant in
15 engaging in or being an accomplice in the commission of, or an
16 attempt to commit, or flight after committing, or attempting to
17 commit robbery, rape, or deviate sexual intercourse by force or
18 threat of force, arson, burglary [or], kidnapping or aggravated
19 assault or an offense relating to the manufacture or delivery or
20 possession with intent to manufacture or deliver a controlled
21 substance as defined in the act of April 14, 1972 (P.L.233,
22 No.64), known as The Controlled Substance, Drug, Device and
23 Cosmetic Act.
24 "Principal." A person who is the actor or perpetrator of the
25 crime.
26 Section 2. This act shall take effect in 60 days.
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