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                                                      PRINTER'S NO. 4602

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2943 Session of 2004


        INTRODUCED BY WRIGHT, E. Z. TAYLOR, CLYMER, ARMSTRONG, BASTIAN,
           BROWNE, CAPPELLI, DALLY, FRANKEL, GEORGE, GINGRICH, HARRIS,
           HESS, KELLER, KOTIK, O'NEILL, SCHRODER, WATSON AND
           YOUNGBLOOD, NOVEMBER 9, 2004

        REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 9, 2004

                                     AN ACT

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

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 2705 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 2705.  Recklessly endangering another person.
     9     (a)  Offense defined.--A person commits a misdemeanor of the
    10  second degree if [he recklessly] the person does any of the
    11  following:
    12         (1)  Recklessly engages in conduct which places or may
    13     place another person in danger of death or serious bodily
    14     injury.
    15         (2)  Negligently causes serious bodily injury to another
    16     individual and, with knowledge or reason to know that such
    17     injury has been caused:


     1             (i)  leaves the scene of the injury without summoning
     2         medical assistance for the injured individual; or
     3             (ii)  fails to protect the injured individual from
     4         further harm.
     5     (b)  Defenses.--It is a defense to a prosecution under
     6  subsection (a)(2) that, prior to leaving the scene of the
     7  injury, the defendant:
     8         (1)  was reasonably certain that medical assistance had
     9     been summoned for the injured individual;
    10         (2)  was reasonably certain that steps had been taken to
    11     protect the injured individual from further harm; or
    12         (3)  received actual communication from the injured
    13     individual that medical assistance was not necessary.
    14     Section 2.  This act shall take effect in 60 days.











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