PRINTER'S NO. 1147
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
986
Session of
2017
INTRODUCED BY SCHWEYER, HILL-EVANS, SCHLOSSBERG, McNEILL,
NEILSON, MURT, TAYLOR, O'BRIEN, MACKENZIE, FREEMAN, D. COSTA,
KINSEY, THOMAS, READSHAW, DONATUCCI, PASHINSKI, GILLEN AND
DUSH, MARCH 28, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 28, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for
aggravated assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2702(a)(2), (b) and (d) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and
subsection (c) is amended by adding a paragraph to read:
ยง 2702. Aggravated assault.
(a) Offense defined.--A person is guilty of aggravated
assault if he:
* * *
(2) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to any of the
officers, agents, employees or other persons enumerated in
subsection (c) [or to an employee of an agency, company or
other entity engaged in public transportation,] while in the
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performance of duty;
* * *
(b) Grading.--Aggravated assault under subsection (a)(1),
(2) [and] or (9) is a felony of the first degree. Aggravated
assault under subsection (a)(3), (4), (5), (6), (7) [and] or (8)
is a felony of the second degree.
(c) Officers, employees, etc., enumerated.--The officers,
agents, employees and other persons referred to in subsection
(a) shall be as follows:
* * *
(39) An employee of a transportation company.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Electric or electronic incapacitation device." A portable
device which is designed or intended by the manufacturer to be
used, offensively or defensively, to temporarily immobilize or
incapacitate persons by means of electric pulse or current,
including devices operated by means of carbon dioxide
propellant. The term does not include cattle prods, electric
fences or other electric devices when used in agricultural,
animal husbandry or food production activities.
"Emergency medical services personnel." The term includes,
but is not limited to, doctors, residents, interns, registered
nurses, licensed practical nurses, nurse aides, ambulance
attendants and operators, paramedics, emergency medical
technicians and members of a hospital security force while
working within the scope of their employment.
"Public passenger transportation." Transportation within
designated areas of a municipality or other built-up place
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provided to the general public for compensation by a
transportation company, including, but not limited to, subways,
buses, trolleys and trackless trolleys. The term shall not
include school buses, charter or sightseeing services, taxicabs
or passenger railroad passenger cars.
"Transportation company." A publicly or privately owned
entity that renders public passenger transportation service.
Section 2. This act shall take effect in 60 days.
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