PRINTER'S NO. 1475

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1254 Session of 1995


        INTRODUCED BY SALVATORE, HELFRICK, HART AND BRIGHTBILL,
           OCTOBER 17, 1995

        REFERRED TO JUDICIARY, OCTOBER 17, 1995

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     possessing instruments of crime.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 907 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 907.  Possessing instruments of crime.
     9     (a)  Criminal instruments generally.--A person commits a
    10  misdemeanor of the first degree if he possesses any instrument
    11  of crime with intent to employ it criminally.
    12     (b)  Possession of weapon.--A person commits a misdemeanor of
    13  the first degree if he possesses a firearm or other weapon
    14  concealed upon his person with intent to employ it criminally.
    15     (c)  Unlawful body armor.--A person commits a felony of the
    16  third degree if in the course of the commission of a felony, or
    17  in the attempt to commit a felony, he uses or wears body armor
    18  or has in his control, custody or possession any body armor.

     1     [(c)] (d)  Definitions.--As used in this section, the
     2  following words and phrases shall have the meanings given to
     3  them in this subsection:
     4     "Body armor."  Any protective covering for the body, or parts
     5  thereof, made of any polyaramid fiber or any resin-treated glass
     6  fiber cloth or any material, or combination of materials, made
     7  or designed to prevent, resist, deflect or deter the penetration
     8  thereof by ammunition, knife, cutting or piercing instrument, or
     9  any other weapon.
    10     "Instrument of crime." Any of the following:
    11         (1)  Anything specially made or specially adapted for
    12     criminal use[; or].
    13         (2)  [anything] Anything commonly used for criminal
    14     purposes and possessed by the actor under circumstances not
    15     manifestly appropriate for lawful uses it may have.
    16     "Weapon."  Anything readily capable of lethal use and
    17  possessed under circumstances not manifestly appropriate for
    18  lawful uses which it may have. The term includes a firearm which
    19  is not loaded or lacks a clip or other component to render it
    20  immediately operable, and components which can readily be
    21  assembled into a weapon.
    22     Section 2.  This act shall take effect in 60 days.






    F2L18JLW/19950S1254B1475         - 2 -