PRIOR PRINTER'S NO. 1484 PRINTER'S NO. 3463
No. 1294 Session of 1999
INTRODUCED BY ADOLPH, CIVERA, MICOZZIE, BAKER, BENNINGHOFF,
CLARK, L. I. COHEN, M. COHEN, COLAFELLA, DAILEY, EGOLF,
FAIRCHILD, FICHTER, FREEMAN, GEIST, GIGLIOTTI, HALUSKA,
HARHAI, HERMAN, HERSHEY, KELLER, LAUGHLIN, MAHER, MANN,
McILHINNEY, MELIO, R. MILLER, NAILOR, PESCI, PLATTS, PRESTON,
READSHAW, RUBLEY, SAINATO, SATHER, SCHULER, SEYFERT, SOLOBAY,
E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRELLO, WILT,
WOJNAROSKI AND YOUNGBLOOD, APRIL 14, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 2, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for simple assault; <--
3 PROHIBITING UNAUTHORIZED CHANGES OF CERTAIN TELEPHONE
4 SERVICE; AND REQUIRING COMPENSATION FOR UNUSED LIQUEFIED
5 PROPANE GAS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2701 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 2701. Simple assault.
11 (a) Offense defined.--A person is guilty of assault if he:
12 (1) attempts to cause or intentionally, knowingly or
13 recklessly causes bodily injury to another;
14 (2) negligently causes bodily injury to another with a
15 deadly weapon; [or]
16 (3) attempts by physical menace to put another in fear
1 of imminent serious bodily injury[.]; or
2 (4) Knowingly, intentionally or recklessly conceals a
3 hypodermic needle or any such similar device on his person
4 during the course of an arrest or any search of the person
5 conducted by a law enforcement officer such that the
6 hypodermic needle, or similar device, penetrates or sticks a
7 law enforcement officer.
8 (b) Grading.--Simple assault is a misdemeanor of the second
9 degree unless committed:
10 (1) in a fight or scuffle entered into by mutual
11 consent, in which case it is a misdemeanor of the third
12 degree; or
13 (2) against a child under 12 years of age by an adult 21
14 years of age or older, in which case it is a misdemeanor of
15 the first degree.
16 SECTION 2. TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ: <--
17 § 7513. UNAUTHORIZED CHANGES OF CERTAIN TELEPHONE SERVICE.
18 (A) PROHIBITED CONDUCT.--
19 (1) IT SHALL BE UNLAWFUL FOR A PERSON, CORPORATION OR AN
20 AGENT OR REPRESENTATIVE OF A PERSON OR CORPORATION TO CHANGE
21 THE PROVIDER OF LOCAL, INTRA-LATA OR LONG DISTANCE TELEPHONE
22 SERVICE UNLESS THAT PERSON, CORPORATION, AGENT OR
23 REPRESENTATIVE COMPLIES WITH AUTHORIZATION AND CONFIRMATION
24 PROCEDURES ESTABLISHED BY THE PENNSYLVANIA PUBLIC UTILITY
25 COMMISSION AND FEDERAL LAW AND RULES.
26 (2) IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS
27 SECTION, THE ACT OF ANY PERSON OR CORPORATION ACTING AS AN
28 AGENT OR REPRESENTATIVE OF A TELEPHONE CORPORATION SHALL BE
29 DEEMED THE ACT OF SUCH TELEPHONE CORPORATION.
30 (B) OTHER LAW.--A VIOLATION OF THIS SECTION SHALL BE DEEMED
19990H1294B3463 - 2 -
1 AN "UNFAIR OR DECEPTIVE ACT OR PRACTICE" AS DEFINED IN THE ACT
2 OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
3 TRADE PRACTICES AND CONSUMER PROTECTION LAW, AND SHALL BE A
4 VIOLATION OF THAT ACT.
5 (C) PENALTY.--WHOEVER VIOLATES SUBSECTION (A) COMMITS A
6 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
7 A FINE OF $1,000 FOR EACH UNAUTHORIZED CHANGE.
8 § 7514. COMPENSATION FOR UNUSED LIQUEFIED PROPANE GAS.
9 (A) FAILURE TO COMPENSATE CUSTOMERS.--IT SHALL BE UNLAWFUL
10 FOR A LIQUEFIED PROPANE GAS DISTRIBUTOR TO FAIL, WITHIN 30 DAYS
11 OF CANCELLATION OF SERVICE, TO COMPENSATE A CUSTOMER WHO:
12 (1) HAS LEASED A TANK FROM THE DISTRIBUTOR FOR THE
13 STORAGE OF LIQUEFIED PROPANE GAS FOR HOME USE; AND
14 (2) HAS CANCELED SERVICE WITH THE DISTRIBUTOR FOR ANY
15 LIQUEFIED PROPANE GAS REMAINING IN THE TANK.
16 (B) GRADING.--WHOEVER VIOLATES THIS SECTION COMMITS A
17 MISDEMEANOR OF THE SECOND DEGREE AND SHALL, UPON CONVICTION, BE
18 SENTENCED TO PAY A FINE OF $5,000.
19 Section 2 3. This act shall take effect in 60 days. <--
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