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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 253, 535, 1347,          PRINTER'S NO. 3049
        1407

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 227 Session of 1989


        INTRODUCED BY OLASZ, B. D. CLARK, DeWEESE, TRELLO, CAPPABIANCA,
           VEON, MICHLOVIC, COLAFELLA, BURD, PHILLIPS, FOX, NOYE, TIGUE,
           PERZEL, VAN HORNE, MICOZZIE, FEE, MILLER, MARKOSEK,
           GIGLIOTTI, BATTISTO, KOSINSKI, BISHOP, HERMAN, FARGO,
           BELARDI, ROBINSON, HASAY, CIVERA, E. Z. TAYLOR, COHEN,
           PRESTON, DALEY, GRUPPO, SALOOM, J. TAYLOR, PISTELLA,
           CORRIGAN, HOWLETT, FLICK, ARGALL AND BROUJOS,
           FEBRUARY 1, 1989

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, FEBRUARY 5, 1990

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of assault
     3     on sports official and for penalties for the offense; and
     4     further providing for the sale of tobacco.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 2712.  Assault on sports official.
    10     (a)  Offense defined.--A person who violates section 2701
    11  (relating to simple assault), where the victim is a sports
    12  official who was assaulted during a sports event or was
    13  assaulted as a result of his or her official acts as a sports
    14  official, is guilty of assault on a sports official.
    15     (b)  Grading.--Assault on a sports official is a misdemeanor

     1  of the first degree.
     2     (c)  Definitions.--As used in this section, the following
     3  words and phrases shall have the meanings given to them in this
     4  subsection:
     5     "Sports event."  Any interscholastic athletic activity in a
     6  junior high school, high school, college or university in this
     7  Commonwealth or any other organized athletic activity in this
     8  Commonwealth, including a professional or semiprofessional
     9  event.
    10     "Sports official."  A person at a sports event who enforces
    11  the rules of the event, such as an umpire or referee, or a
    12  person who supervises the participants, such as a coach. The
    13  term includes a trainer, team attendant, game manager, athletic
    14  director, assistant athletic director, president, dean,
    15  headmaster, principal and assistant principal of a school,
    16  college or university.
    17     Section 2.  Section 6305 of Title 18 is amended to read:
    18  § 6305.  Sale of tobacco.
    19     (a)  Offense defined.--A person is guilty of a summary         <--
    20  offense if he sells tobacco, in any form, to any minor under the
    21  age of [16] 18 years, or by purchase, gift or other means,
    22  furnishes tobacco, in any form, to a minor under the age of [16]
    23  18 years.
    24     (A)  OFFENSE DEFINED.--A PERSON IS GUILTY OF A SUMMARY         <--
    25  OFFENSE IF HE:
    26         (1)  SELLS TOBACCO, IN ANY FORM, TO ANY MINOR UNDER THE
    27     AGE OF [16 YEARS, OR] 18 YEARS;
    28         (2)  BY PURCHASE, GIFT OR OTHER MEANS, FURNISHES TOBACCO,
    29     IN ANY FORM, TO A MINOR UNDER THE AGE OF [16 YEARS.] 18
    30     YEARS; OR
    19890H0227B3049                  - 2 -

     1         (3)  KNOWINGLY AND FALSELY REPRESENTS HIMSELF TO BE 18
     2     YEARS OF AGE OR OLDER TO ANOTHER FOR THE PURPOSE OF PROCURING
     3     OR HAVING FURNISHED TO HIM TOBACCO IN ANY FORM.
     4     (b)  Penalty.--A person who violates this section shall, upon
     5  conviction, be sentenced to pay a fine of not less than $25 for
     6  a first offense and not less than $100 for a subsequent offense.
     7     Section 3.  This act shall take effect immediately.
















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