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                                                        PRINTER'S NO. 27

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 41 Session of 2001


        INTRODUCED BY ADOLPH, BARRAR, CIVERA, GANNON, M. BAKER, BARD,
           BASTIAN, BEBKO-JONES, BELARDI, BELFANTI, BROWNE, CALTAGIRONE,
           CAPPABIANCA, CAPPELLI, CASORIO, DAILEY, EGOLF, FAIRCHILD,
           FICHTER, FRANKEL, GEIST, HARHAI, HENNESSEY, HERMAN, HORSEY,
           HUTCHINSON, KENNEY, KIRKLAND, LEDERER, MANDERINO, MANN,
           MARSICO, MELIO, R. MILLER, S. MILLER, NAILOR, ORIE, PETRONE,
           PIPPY, PISTELLA, READSHAW, ROSS, SATHER, SCHRODER, SCHULER,
           SHANER, B. SMITH, SOLOBAY, STABACK, STERN, SURRA,
           E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TULLI, WALKO,
           WANSACZ, WILT, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, MICHLOVIC
           AND McCALL, JANUARY 23, 2001

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2001

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for simple assault.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 2701 of Title 18 of the Pennsylvania
     6  Consolidated Statutes is amended to read:
     7  § 2701.  Simple assault.
     8     (a)  Offense defined.--A person is guilty of assault if he:
     9         (1)  attempts to cause or intentionally, knowingly or
    10     recklessly causes bodily injury to another;
    11         (2)  negligently causes bodily injury to another with a
    12     deadly weapon; [or]
    13         (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.  This act shall take effect in 60 days.










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