H0103B3500A05784 MAB:JMT 10/21/22 #90 A05784
AMENDMENTS TO HOUSE BILL NO. 103
Sponsor: SENATOR KEARNEY
Printer's No. 3500
Amend Bill, page 1, line 10, by inserting after "PRISONER;"
in firearms and other dangerous articles, further providing for
persons not to possess, use, manufacture, control, sell or
transfer firearms;
Amend Bill, page 2, line 20, by striking out "2702.1(A) AND
(B), 2703(A)(2) AND 2704" and inserting
2702.1, 2703(A)(2), 2704 AND 6105(B)
Amend Bill, page 3, by inserting between lines 24 and 25
(4) Except as provided under paragraph (5), a person
commits a misdemeanor of the second degree if that person
intentionally or knowingly participates, attempts to
participate or aids those participating in an insurrection
against the United States, the Commonwealth of Pennsylvania
or a political subdivision thereof, and a law enforcement
officer suffers bodily injury.
(5) A person commits a felony of the second degree if
that person commits an offense under paragraph (4) and is
directly responsible for causing bodily injury to a law
enforcement officer.
Amend Bill, page 3, line 28, by inserting after "YEARS."
A person convicted under subsection (a)(4) or (5) shall be
prohibited from holding or running for public office in this
Commonwealth.
Amend Bill, page 3, line 29, by striking out all of said line
and inserting
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Insurrection." A violent uprising by a group or movement
acting to overthrow or impede the civil authority or operations
of the constituted government and take possession of its
inherent powers.
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"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" is given under section 501
(relating to definitions).
"Firearm." As defined under 42 Pa.C.S. § 9712(e) (relating
to sentences for offenses committed with firearms).
Amend Bill, page 5, by inserting between lines 17 and 18
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2702.1 (relating to assault of law enforcement
officer).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4906 (relating to false reports to law
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enforcement authorities) if the fictitious report involved
the theft of a firearm as provided in section 4906(c)(2).
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness,
victim or party).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
* * *
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See A05784 in
the context
of HB0103