PRINTER'S NO. 1720

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1523 Session of 1993


        INTRODUCED BY L. I. COHEN, GLADECK, BATTISTO, FARGO, TRELLO,
           MILLER, HARLEY, BARLEY, CORNELL, RAYMOND, CAWLEY, SCHEETZ,
           HERMAN, HUTCHINSON, COLAFELLA, TOMLINSON AND GEIST,
           MAY 5, 1993

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 5, 1993

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for a mandatory minimum
     3     sentence for the possession of a weapon on school property.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 912 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 912.  Possession of weapon on school property.
     9     (a)  Definition.--Notwithstanding the definition of "weapon"
    10  in section 907 (relating to possessing instruments of crime),
    11  "weapon" for purposes of this section shall include but not be
    12  limited to any knife, cutting instrument, cutting tool, nun-
    13  chuck stick, firearm, shotgun, rifle and any other tool,
    14  instrument or implement capable of inflicting serious bodily
    15  injury.
    16     (b)  Offense defined.--
    17         (1)  A person commits a misdemeanor of the first degree


     1     if he possesses a weapon in the buildings of, on the grounds
     2     of[,] or in any conveyance providing transportation to or
     3     from any elementary or secondary publicly-funded educational
     4     institution, any elementary or secondary private school
     5     licensed by the Department of Education or any elementary or
     6     secondary parochial school.
     7         (2)  A person convicted under this section shall be given
     8     a mandatory minimum sentence of a fine of $1,000 in addition
     9     to any other applicable punishment.
    10     (c)  Defense.--It shall be a defense that the weapon is
    11  possessed and used in conjunction with a lawful supervised
    12  school activity or course or is possessed for other lawful
    13  purpose.
    14     Section 2.  This act shall take effect in 60 days.











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