PRINTER'S NO. 4417
No. 2866 Session of 2004
INTRODUCED BY LEDERER, READSHAW, MANN, FLEAGLE, E. Z. TAYLOR, CRAHALLA, DENLINGER, HORSEY, KELLER, REICHLEY, SCAVELLO, TIGUE AND SCHRODER, SEPTEMBER 29, 2004
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 29, 2004
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for the offense of 3 resisting arrest or other law enforcement. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 5104 of Title 18 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 5104. Resisting arrest or other law enforcement. 9 (a) Offense defined.--A person commits a misdemeanor of the 10 second degree if, with the intent of preventing a public servant 11 from effecting a lawful arrest or discharging any other duty, 12 the person creates a substantial risk of bodily injury to the 13 public servant or anyone else, or employs means justifying or 14 requiring substantial force to overcome the resistance. 15 (b) Medical testing in arrests involving exposure to bodily 16 fluid.-- 17 (1) (i) A public servant who has been subjected to the 18 bodily fluid of a person arrested for a violation of
1 subsection (a) may file a petition for an order to 2 perform an HIV-related test and allow access to the test 3 results under section 8 of the act of November 29, 1990 4 (P.L.585, No.148), known as the Confidentiality of HIV- 5 Related Information Act. 6 (ii) In reviewing a petition under this paragraph, 7 the court shall presume that there is a compelling need 8 to ascertain the HIV test result of the source individual 9 as required under section 8(b)(3) of the Confidentiality 10 of HIV-Related Information Act and shall order the test 11 and allow access to the test results if the court finds 12 that the requirements of section 8(b)(1) and (2) of the 13 Confidentiality of HIV-Related Information Act are 14 satisfied. 15 (2) (i) A public servant who has been subjected to the 16 bodily fluid of a person arrested for a violation of 17 subsection (a) may file a petition for an order to 18 perform a medical test and allow access to the test 19 results, where the purpose of the test is to determine 20 whether the person arrested possesses a disease, other 21 than the human immunodeficiency virus, communicable 22 through the bodily fluid involved. 23 (ii) No court may order the performance of the test 24 and allow access to the test result under this paragraph 25 unless the court finds that both of the following 26 conditions exist: 27 (A) The individual whose test is sought refused 28 to give consent or was not capable of providing 29 consent to the test and access. 30 (B) The public servant was exposed to a bodily 20040H2866B4417 - 2 -
1 fluid of the individual whose test is sought and that 2 exposure presents a significant risk of exposure to a 3 communicable disease, other than the human 4 immunodeficiency virus. 5 (iii) The procedure for reviewing a petition filed 6 under this paragraph shall be the same as the procedure 7 set forth under section 8(d), (e) and (f) of the 8 Confidentiality of HIV-Related Information Act. A 9 petition filed under this paragraph may be included with 10 a petition under paragraph (1), provided that the 11 findings made under paragraph (1) shall not be conclusive 12 as to the findings required under this paragraph. 13 Section 2. This act shall take effect in 60 days. H31L18DMS/20040H2866B4417 - 3 -