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        PRIOR PRINTER'S NO. 1636                      PRINTER'S NO. 1825

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1252 Session of 2001


        INTRODUCED BY WAGNER, GERLACH, LOGAN, ERICKSON, ORIE, COSTA,
           MUSTO, MELLOW, BOSCOLA, SCHWARTZ, KITCHEN, STACK AND
           C. WILLIAMS, DECEMBER 13, 2001

        AS AMENDED ON THIRD CONSIDERATION, MARCH 20, 2002

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for airport violence and for
     3     entry by false pretense to secure area of airport; and
     4     further providing for the offenses of falsely impersonating
     5     persons privately employed and for carrying explosives on
     6     conveyances.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Title 18 of the Pennsylvania Consolidated
    10  Statutes is amended by adding sections to read:
    11  § 2716.  Airport violence.
    12     A person commits a felony of the first degree if he,
    13  unlawfully and intentionally, uses, attempts to use or conspires
    14  to use a device, substance or weapon to:
    15         (1)  perform an act of violence against a person at an
    16     airport located in this Commonwealth that causes or is likely
    17     to cause serious bodily injury or death; or
    18         (2)  destroy or seriously damage the facilities of or
    19     disrupt the services of an airport located in this


     1     Commonwealth.
     2  § 3504.  Entry by false pretense to secure area of airport.
     3     (a)  Offense defined.--A person commits an offense if he, by
     4  fraud, deceit or false pretense, enters or attempts to enter a
     5  secure area of an airport.
     6     (b)  Grading.--An offense under subsection (a) is a felony of
     7  the second degree if the offense is committed with the intent to
     8  commit a felony and is a felony of the third degree in any other
     9  case.
    10     (c)  Definition.--As used in this section, the term "secure
    11  area" means an area, access to which is restricted by an airport  <--
    12  authority or a public agency. ANY AREA OF AN AIRPORT, ACCESS TO   <--
    13  WHICH BY MEMBERS OF THE GENERAL PUBLIC IS PROHIBITED.
    14     Section 2.  Sections 4115 and 6161(a) of Title 18 are amended
    15  to read:
    16  § 4115.  Falsely impersonating persons privately employed.
    17     [A] (a)  Offense defined.--
    18         (1)  Except as otherwise provided in paragraph (2), a
    19     person commits a misdemeanor of the second degree if, without
    20     due authority, he pretends or holds himself out to any one as
    21     an employee of any person for the purpose of gaining access
    22     to any premises.
    23         (2)  A person commits a felony of the first degree if,
    24     without due authority, he pretends or holds himself out to
    25     anyone as an employee of an airline, airport or an agent
    26     thereof for the purpose of gaining access to a secure area of
    27     an airport with the intent to commit a felony.
    28     (b)  Definition.--As used in this section, the term "secure
    29  area" means an area, access to which is restricted by an airport  <--
    30  authority or a public agency. ANY AREA OF AN AIRPORT, ACCESS TO   <--
    20010S1252B1825                  - 2 -

     1  WHICH BY MEMBERS OF THE GENERAL PUBLIC IS PROHIBITED.
     2  § 6161.  Carrying explosives on conveyances.
     3     (a)  Offense defined.--A person [is guilty of a misdemeanor]
     4  commits a felony of the second degree if he enters into or upon,
     5  or attempts to enter into or upon, any railroad train,
     6  locomotive, tender or car thereof, or enters into or upon, or
     7  attempts to enter into or upon, any automobile, aircraft, bus,
     8  other form of public transportation or other conveyance used for
     9  the carrying of freight or passengers, having in his custody or
    10  about his person any nitroglycerine or other explosive, other
    11  than as freight regularly shipped as such.
    12     * * *
    13     Section 3.  This act shall take effect in 60 days.












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