SENATE AMENDED
PRIOR PRINTER'S NOS. 1778, 2202, 2343, PRINTER'S NO. 3401
2357,3132
No. 1509 Session of 1975
INTRODUCED BY MESSRS. REED, ECKENSBERGER, ZORD, DOYLE, MILLIRON,
BERLIN, STAPLETON, PRATT, MRKONIC, ABRAHAM, MILANOVICH,
CAPUTO, FLAHERTY, TRELLO AND MISCEVICH, JUNE 17, 1975
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 7, 1976
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes prohibiting the PROVIDING FOR <--
3 ADDITIONAL PENALTIES FOR POSSESSING A FIREARM DURING THE
4 COMMISSION OF CERTAIN OFFENSES AND FOR carrying of deadly <--
5 weapons onto certain properties. and providing a penalty. <--
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. SECTION 907 OF Title 18, act of November 25, 1970 <--
9 (P.L.707, No.230), known as the Pennsylvania Consolidated
10 Statutes, added December 6, 1972 (P.L.1482, No.334), is amended
11 AND THE TITLE IS AMENDED by adding a section to read: <--
12 § 907. POSSESSING INSTRUMENTS OF CRIME. <--
13 * * *
14 (D) POSSESSION OF A FIREARM DURING THE COMMISSION OF CERTAIN
15 OFFENSES.--A PERSON COMMITS A FELONY OF THE SECOND DEGREE, FOR
16 WHICH THE MINIMUM SENTENCE MUST BE NO LESS THAN ONE-HALF THE
17 MAXIMUM SENTENCE PROVIDED BY LAW, IF HE POSSESSES A FIREARM
18 WHILE ENGAGED IN OR AN ACCOMPLICE TO THE COMMISSION OF, AN
1 ATTEMPT TO COMMIT, OR FLIGHT AFTER COMMITTING MURDER, ROBBERY,
2 RAPE, OR DEVIATE SEXUAL INTERCOURSE BY FORCE OR THREAT OF FORCE,
3 BURGLARY, CRIMINAL TRESPASS IN A BUILDING OR OCCUPIED STRUCTURE,
4 KIDNAPPING, OR RIOT. AS USED IN THIS SUBSECTION, "FIREARM"
5 MEANS AN INSTRUMENT USED IN THE PROPULSION OF SHOT, SHELL,
6 BULLET OR ANY OTHER OBJECT BY THE ACTION OF GUNPOWDER EXPLODED,
7 EXPLOSIVE POWDER OR THE EXPANSION OF GAS THEREIN. ANY SENTENCE
8 IMPOSED UNDER THIS SUBSECTION MUST BE SERVED CONSECUTIVELY WITH
9 ANY OTHER SENTENCE AND MUST NOT BE SERVED CONCURRENTLY WITH ANY
10 OTHER SENTENCE.
11 § 6163. Deadly weapons prohibited on certain properties.
12 (a) Offense defined.--It shall be unlawful for any person,
13 including a student, to take a deadly weapon into a school
14 facility or school bus or onto any school property. For the
15 purposes of this section, "deadly weapon" shall have the meaning
16 ascribed to it in section 2301 (relating to definitions).
17 (b) Applicability.--The provisions of this section shall not
18 apply to law enforcement personnel, PEACE OFFICERS, a person <--
19 licensed to carry a deadly weapon, students engaging in a
20 school-related activity involving the use of a deadly weapon, or
21 those participating in sports activities conducted by schools
22 involving the use of deadly weapons.
23 (c) Exception.--Any portion of school property designated by
24 the school as an area where hunting is permissible shall be
25 exempt from the provisions of this section.
26 (d) Penalty.--Any person violating the provisions of this
27 section shall be guilty of a misdemeanor of the third degree.
28 Section 2. This act shall take effect immediately.
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