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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BLAKE, RAFFERTY, SCHWANK, BREWSTER, YUDICHAK, BROWNE, WASHINGTON AND FERLO, NOVEMBER 16, 2011 |
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| REFERRED TO GAME AND FISHERIES, NOVEMBER 16, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses), 30 (Fish) and 34 |
2 | (Game) of the Pennsylvania Consolidated Statutes, in assault, |
3 | further providing for the offense of aggravated assault; in |
4 | enforcement, further providing for interference with officers |
5 | of the Pennsylvania Game Commission and of the Pennsylvania |
6 | Fish and Boat Commission; providing for the offense of |
7 | assaulting an officer; further providing for jurisdiction and |
8 | penalties and for disposition of fines and penalties; and, in |
9 | game or wildlife protection, further providing for killing |
10 | game or wildlife to protect person, for unlawful importation |
11 | of game or wildlife, for unlawful taking and possession of |
12 | protected birds, for possession or interference with active |
13 | nests or eggs of birds, for unlawful sale of protected birds |
14 | and plumage and for hunting or furtaking prohibited while |
15 | under influence of alcohol or controlled substance. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 2702(c) of Title 18 of the Pennsylvania |
19 | Consolidated Statutes is amended to read: |
20 | § 2702. Aggravated assault. |
21 | * * * |
22 | (c) Officers, employees, etc., enumerated.--The officers, |
23 | agents, employees and other persons referred to in subsection |
24 | (a) shall be as follows: |
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1 | (1) Police officer. |
2 | (2) Firefighter. |
3 | (3) County adult probation or parole officer. |
4 | (4) County juvenile probation or parole officer. |
5 | (5) An agent of the Pennsylvania Board of Probation and |
6 | Parole. |
7 | (6) Sheriff. |
8 | (7) Deputy sheriff. |
9 | (8) Liquor control enforcement agent. |
10 | (9) Officer or employee of a correctional institution, |
11 | county jail or prison, juvenile detention center or any other |
12 | facility to which the person has been ordered by the court |
13 | pursuant to a petition alleging delinquency under 42 Pa.C.S. |
14 | Ch. 63 (relating to juvenile matters). |
15 | (10) Judge of any court in the unified judicial system. |
16 | (11) The Attorney General. |
17 | (12) A deputy attorney general. |
18 | (13) A district attorney. |
19 | (14) An assistant district attorney. |
20 | (15) A public defender. |
21 | (16) An assistant public defender. |
22 | (17) A Federal law enforcement official. |
23 | (18) A State law enforcement official. |
24 | (19) A local law enforcement official. |
25 | (20) Any person employed to assist or who assists any |
26 | Federal, State or local law enforcement official. |
27 | (21) Emergency medical services personnel. |
28 | (22) Parking enforcement officer. |
29 | (23) A magisterial district judge. |
30 | (24) A constable. |
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1 | (25) A deputy constable. |
2 | (26) A psychiatric aide. |
3 | (27) A teaching staff member, a school board member or |
4 | other employee, including a student employee, of any |
5 | elementary or secondary publicly funded educational |
6 | institution, any elementary or secondary private school |
7 | licensed by the Department of Education or any elementary or |
8 | secondary parochial school while acting in the scope of his |
9 | or her employment or because of his or her employment |
10 | relationship to the school. |
11 | (28) Governor. |
12 | (29) Lieutenant Governor. |
13 | (30) Auditor General. |
14 | (31) State Treasurer. |
15 | (32) Member of the General Assembly. |
16 | (33) An employee of the Department of Environmental |
17 | Protection. |
18 | (34) An individual engaged in the private detective |
19 | business as defined in section 2(a) and (b) of the act of |
20 | August 21, 1953 (P.L.1273, No.361), known as The Private |
21 | Detective Act of 1953. |
22 | (35) An employee or agent of a county children and youth |
23 | social service agency or of the legal representative of such |
24 | agency. |
25 | (36) A public utility employee or an employee of an |
26 | electric cooperative. |
27 | (37) A wildlife conservation officer or deputy wildlife |
28 | conservation officer of the Pennsylvania Game Commission. |
29 | (38) A waterways conservation officer or deputy |
30 | waterways conservation officer of the Pennsylvania Fish and |
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1 | Boat Commission. |
2 | * * * |
3 | Section 2. Section 904(b) of Title 30 is amended to read: |
4 | § 904. Interference with officers. |
5 | * * * |
6 | (b) [Bodily injury.--Any person who intentionally, knowingly |
7 | or recklessly attempts to cause or causes serious bodily harm to |
8 | an officer performing duties under the provisions of this title |
9 | commits a felony of the second degree] Assaulting an officer.-- |
10 | Assaulting an officer as defined in 18 Pa.C.S. §§ 2702 (relating |
11 | to aggravated assault) and 2702.1 (relating to assault of law |
12 | enforcement officer) is an offense under this title, and the |
13 | penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall |
14 | apply. |
15 | * * * |
16 | Section 3. Title 34 is amended by adding a section to read: |
17 | § 905.1. Assaulting an officer. |
18 | Assaulting an officer as defined in 18 Pa.C.S. §§ 2702 |
19 | (relating to aggravated assault) and 2702.1 (relating to assault |
20 | of law enforcement officer) is an offense under this title, and |
21 | the penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall |
22 | apply. |
23 | Section 4. Sections 925(a), 927(b), 2141(e)(1), 2163(c)(2), |
24 | 2164(d)(2), 2165(b)(2), 2166(b)(2) and 2501(b) of Title 34 are |
25 | amended to read: |
26 | § 925. Jurisdiction and penalties. |
27 | (a) Jurisdiction.--Notwithstanding the provisions of Title |
28 | 42 (relating to judiciary and judicial procedure), all |
29 | magisterial district judges shall have jurisdiction for all |
30 | violations of this title which are classified as summary |
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1 | offenses and may accept guilty pleas and impose sentences for |
2 | violations of this title classified as ungraded misdemeanors. |
3 | * * * |
4 | § 927. Disposition of fines and penalties. |
5 | * * * |
6 | (b) Penalty.--A person failing to forward fines in |
7 | accordance with this section commits a misdemeanor [of the third |
8 | degree]. |
9 | § 2141. Killing game or wildlife to protect person. |
10 | * * * |
11 | (e) Penalties.--A violation of this section relating to: |
12 | (1) Threatened or endangered species is a misdemeanor |
13 | [of the third degree]. |
14 | * * * |
15 | § 2163. Unlawful importation of game or wildlife. |
16 | * * * |
17 | (c) Penalties.-- |
18 | * * * |
19 | (2) A violation of this section relating to any |
20 | endangered or threatened species is a misdemeanor [of the |
21 | third degree]. Each bird, egg or game or wildlife involved in |
22 | the violation constitutes a separate offense. |
23 | * * * |
24 | § 2164. Unlawful taking and possession of protected birds. |
25 | * * * |
26 | (d) Penalties.-- |
27 | * * * |
28 | (2) A violation of this section relating to birds which |
29 | are listed as threatened or endangered is, in addition to any |
30 | other penalties, a misdemeanor [of the third degree]. |
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1 | * * * |
2 | § 2165. Possession or interference with active nests or eggs of |
3 | birds. |
4 | * * * |
5 | (b) Penalties.-- |
6 | * * * |
7 | (2) A violation of this section relating to birds which |
8 | are listed as threatened or endangered is, in addition to any |
9 | other penalties, a misdemeanor [of the third degree] for each |
10 | active nest or egg possessed. |
11 | * * * |
12 | § 2166. Unlawful sale of protected birds and plumage. |
13 | * * * |
14 | (b) Penalties.-- |
15 | * * * |
16 | (2) A violation of this section relating to birds which |
17 | are listed as threatened or endangered is, in addition to any |
18 | other penalties, a misdemeanor [of the third degree] for each |
19 | bird or part thereof. |
20 | * * * |
21 | § 2501. Hunting or furtaking prohibited while under influence |
22 | of alcohol or controlled substance. |
23 | * * * |
24 | (b) Penalty.--A violation of the provisions of this section |
25 | shall be a misdemeanor [of the third degree]. In addition to any |
26 | penalty, the violator shall be denied the right to hunt or trap |
27 | in this Commonwealth, with or without a license, for a period of |
28 | one year. |
29 | * * * |
30 | Section 5. This act shall take effect in 60 days. |
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