See other bills
under the
same topic
                                                      PRINTER'S NO. 2622

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2011 Session of 1989


        INTRODUCED BY TANGRETTI, MANDERINO, KUKOVICH, MARKOSEK, SALOOM,
           STAIRS, PETRARCA, VAN HORNE, COHEN, COLAIZZO, PRESSMANN,
           STISH, LEVDANSKY, ROBINSON, MELIO, BELARDI, MICHLOVIC, PESCI,
           BORTNER, FOX, HALUSKA, OLASZ, BELFANTI, ARGALL, JOSEPHS,
           FAIRCHILD, FARGO, LLOYD, KOSINSKI, NAHILL, GIGLIOTTI,
           COLAFELLA, MORRIS, McVERRY, JOHNSON, LINTON, RYBAK, STABACK,
           TRICH, MERRY, MARSICO AND TRELLO, OCTOBER 17, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 1989

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, prohibiting the possession of a
     3     firearm or other dangerous weapon in a court facility.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 913.  Possession of firearm or other dangerous weapon in court
     9             facility.
    10     (a)  Offense defined.--A person commits an offense if he:
    11         (1)  knowingly possesses a firearm or other dangerous
    12     weapon in a court facility or knowingly causes a firearm or
    13     other dangerous weapon to be present in a court facility; or
    14         (2)  knowingly possesses a firearm or other dangerous
    15     weapon in a court facility with the intent that the firearm
    16     or other dangerous weapon be used in the commission of a

     1     crime or knowingly causes a firearm or other dangerous weapon
     2     to be present in a court facility with the intent that the
     3     firearm or other dangerous weapon be used in the commission
     4     of a crime.
     5     (b)  Grading.--An offense under subsection (a)(1) is a
     6  misdemeanor of the third degree. An offense under subsection
     7  (a)(2) is a misdemeanor of the first degree.
     8     (c)  Exceptions.--Subsection (a) shall not apply:
     9         (1)  To the lawful performance of official duties by an
    10     officer, agent or employee of the United States, the
    11     Commonwealth or a political subdivision who is authorized by
    12     law to engage in or supervise the prevention, detection,
    13     investigation or prosecution of any violation of law.
    14         (2)  To the lawful performance of official duties by a
    15     court official.
    16     (d)  Power of court preserved.--Nothing in this section shall
    17  limit the power of a court to punish for contempt or to
    18  promulgate rules or orders regulating, restricting or
    19  prohibiting the possession of firearms or other dangerous
    20  weapons within any building housing the court or any of its
    21  proceedings or upon any grounds appurtenant to a building
    22  housing the court.
    23     (e)  Posting of notice.--Notice of the provisions of
    24  subsection (a) shall be posted conspicuously at each public
    25  entrance to each court facility, and no person shall be
    26  convicted of an offense under subsection (a) with respect to a
    27  court facility if the notice was not so posted at the facility,
    28  unless the person had actual notice of the provisions of
    29  subsection (a).
    30     (f)  Definitions.--As used in this section, the following
    19890H2011B2622                  - 2 -

     1  words and phrases shall have the meanings given to them in this
     2  subsection:
     3     "Court facility."  The courtroom of a court of record;
     4  judge's chambers; witness room; jury deliberation rooms;
     5  attorney conference rooms; prisoner holding cells; offices of
     6  court clerks, the district attorney, the sheriff and probation
     7  and parole officers; and any adjoining corridors.
     8     "Dangerous weapon."  A bomb, grenade, blackjack, sandbag,
     9  metal knuckles, dagger, knife, razor or cutting instrument, the
    10  blade of which is exposed in an automatic way by switch, push-
    11  button, spring mechanism, or otherwise, or other implement for
    12  the infliction of serious bodily injury which serves no common
    13  lawful purpose.
    14     "Firearm."  Any pistol or revolver with a barrel less than 12
    15  inches, any shotgun with a barrel less than 24 inches or any
    16  rifle with a barrel less than 15 inches.
    17     Section 2.  This act shall take effect in 60 days.









    F7L18WMB/19890H2011B2622         - 3 -