PRIOR PRINTER'S NO. 941 PRINTER'S NO. 1183
No. 797 Session of 1987
INTRODUCED BY GREENWOOD, HELFRICK, PECORA, O'PAKE, CORMAN, FUMO, REIBMAN, AFFLERBACH AND SALVATORE, MAY 5, 1987
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 23, 1987
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, limiting the defense of justification
3 in certain cases; and making an editorial change.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 509 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 509. Use of force by persons with special responsibility for
9 care, discipline or safety of others.
10 (a) General rule.--The use of force upon or toward the
11 person of another is justifiable if:
12 (1) The actor is the parent or guardian or other person
13 similarly responsible for the general care and supervision of
14 a minor or a person acting at the request of such parent,
15 guardian or other responsible person and:
16 (i) the force is used for the purpose of
17 safeguarding or promoting the welfare of the minor,
18 including the preventing or punishment of his misconduct;
1 and 2 (ii) the force used is not designed to cause or 3 known to create a substantial risk of causing death, 4 serious bodily injury, disfigurement, extreme pain or 5 mental distress or gross degradation. 6 (2) The actor is a teacher or person otherwise entrusted 7 with the care or supervision for a special purpose of a minor 8 and: 9 (i) the actor believes that the force used is 10 necessary to further such special purpose, including the 11 maintenance of reasonable discipline in a school, class 12 or other group, and that the use of such force is 13 consistent with the welfare of the minor; and 14 (ii) the degree of force, if it had been used by the 15 parent or guardian of the minor, would not be 16 unjustifiable under [subparagraph (1)(ii) of this 17 section] paragraph (1)(ii). 18 (3) The actor is the guardian or other person similarly 19 responsible for the general care and supervision of an 20 incompetent, mentally ill or mentally retarded person; and: 21 (i) the force is [used] necessary for the purpose of 22 safeguarding or promoting the welfare of the incompetent, 23 mentally ill or mentally retarded person, including the 24 prevention of his misconduct[, or, when such incompetent 25 person is in a hospital or other institution for his care 26 and custody, for the maintenance of reasonable discipline 27 in such institution]; and 28 (ii) the force used is not designed to cause or 29 known to create a substantial unnecessary risk of causing <-- 30 death, [serious] bodily injury, disfigurement, [extreme 19870S0797B1183 - 2 -
1 or unnecessary] pain, mental distress, or humiliation
2 BEYOND THAT JUSTIFIABLE UNDER SUBPARAGRAPH (I). <--
3 (4) The actor is a doctor or other therapist or a person
4 assisting him at his direction; and:
5 (i) the force is used for the purpose of
6 administering a recognized form of treatment not
7 prohibited by law of this Commonwealth which the actor
8 believes to be adapted to promoting the physical or
9 mental health of the patient; and
10 (ii) the treatment is administered with the consent
11 of the patient, or, if the patient is a minor or an
12 incompetent person with the consent of his parent or
13 guardian or other person legally competent to consent in
14 his behalf, or the treatment is administered in an
15 emergency when the actor believes that no one competent
16 to consent can be consulted and that a reasonable person,
17 wishing to safeguard the welfare of the patient, would
18 consent.
19 (5) The actor is a warden or other authorized official
20 of a correctional institution; and:
21 (i) he believes that the force used is necessary for
22 the purpose of enforcing the lawful rules or procedures
23 of the institution, unless his belief in the lawfulness
24 of the rule or procedure sought to be enforced is
25 erroneous and his error is due to ignorance or mistake as
26 to the provisions of this title, any other provision of
27 the criminal law or the law governing the administration
28 of the institution;
29 (ii) the nature or degree of force used is not
30 forbidden by law; and
19870S0797B1183 - 3 -
1 (iii) if deadly force is used, its use is otherwise 2 justifiable under this chapter. 3 (6) The actor is a person responsible for the safety of 4 a vessel or an aircraft or a person acting at his direction; 5 and: 6 (i) he believes that the force used is necessary to 7 prevent interference with the operation of the vessel or 8 aircraft or obstruction of the execution of a lawful 9 order, unless his belief in the lawfulness of the order 10 is erroneous and his error is due to ignorance or mistake 11 as to the law defining his authority; and 12 (ii) if deadly force is used, its use is otherwise 13 justifiable under this chapter. 14 (7) The actor is a person who is authorized or required 15 by law to maintain order or decorum in a vehicle, train or 16 other carrier or in a place where others are assembled; and: 17 (i) he believes that the force used is necessary for 18 such purpose; and 19 (ii) the force used is not designed to cause death, 20 or known to create a substantial risk of causing death, 21 bodily injury, or extreme mental distress. 22 (b) Necessary force.--As used in subsection (a)(3)(i), force 23 shall be deemed necessary only if no reasonable alternative is 24 available and the force used is limited to that which is 25 required to prevent imminent physical injury to the actor, the 26 incompetent person, mentally ill or mentally retarded person or 27 another person. 28 Section 2. This act shall take effect in 60 days. C9L18CHF/19870S0797B1183 - 4 -