PRINTER'S NO. 4012

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2853 Session of 1990

        INTRODUCED BY R. C. WRIGHT, RAYMOND, DURHAM, ADOLPH, FLICK,
           MICOZZIE, FREIND, CARN, OLIVER, DONATUCCI, RIEGER, ROEBUCK,
           EVANS, RICHARDSON, LINTON, ACOSTA, HUGHES, JAMES AND GANNON,
           JULY 1, 1990

        REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 1990

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, further providing for possession of weapons on
     4     school property.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 912(b) and (c) of Title 18 of the
     8  Pennsylvania Consolidated Statutes are amended to read:
     9  § 912.  Possession of weapon on school property.
    10     * * *
    11     (b)  Offense defined.--A person commits a [misdemeanor of the
    12  first] felony of the third degree if he possesses a weapon in
    13  the buildings of, on the grounds of, within 1,000 feet of or in
    14  any conveyance providing transportation to or from, any
    15  elementary or secondary publicly-funded educational institution,
    16  any elementary or secondary private school licensed by the
    17  Department of Education or any elementary or secondary parochial
    18  school.

     1     (c)  Defense.--It shall be a defense that:
     2         (1)  the weapon is possessed and used in conjunction with
     3     a lawful supervised school activity or course or is possessed
     4     for other lawful purpose; or
     5         (2)  the weapon is possessed in accordance with section
     6     6106(b) (relating to firearms not to be carried without a
     7     license).
     8     Section 2.  Title 42 is amended by adding a section to read:
     9  § 9720.  Sentences for possession of weapon on school property.
    10     A person convicted of an offense under 18 Pa.C.S. § 912
    11  (relating to possession of weapon on school property) shall be
    12  sentenced to a mandatory minimum fine of $1,000.
    13     Section 3.  Section 2 (42 Pa.C.S. § 9720) shall apply to
    14  sentences imposed on or after the effective date of this act,
    15  regardless of when the offense took place.
    16     Section 4.  This act shall take effect in 60 days.










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