PRIOR PRINTER'S NO. 576 PRINTER'S NO. 964
No. 544 Session of 1979
INTRODUCED BY O'PAKE, REIBMAN, FUMO, MELLOW, JUBELIRER,
LEWIS, TILGHMAN, LYNCH, MESSINGER, HOPPER, LOEPER,
ORLANDO, MOORE, PECORA, STAPLETON, HESS, CORMAN, DWYER,
PRICE, O'CONNELL, GEKAS, GREENLEAF, ANDREWS, GURZENDA AND
HAGER, MARCH 27, 1979
SENATOR O'PAKE, JUDICIARY, AS AMENDED, JUNE 25, 1979
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further defining aggravated assault
3 and increasing the grading for certain types of aggravated
4 assault on a second and subsequent conviction.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2702 of Title 18, act of November 25,
8 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
9 Statutes, is amended to read:
10 § 2702. Aggravated assault.
11 (a) Offense defined.--A person is guilty of aggravated
12 assault if he:
13 (1) attempts to cause serious bodily injury to another,
14 or causes such injury intentionally, knowingly or recklessly
15 under circumstances manifesting extreme indifference to the
16 value of human life;
17 (2) attempts to cause or intentionally, knowingly or
1 recklessly causes serious bodily injury to a police officer
2 making or attempting to make a lawful arrest;
3 (3) attempts to cause or intentionally or knowingly
4 causes bodily injury to a police officer making or attempting
5 to make a lawful arrest; [or]
6 (4) attempts to cause or intentionally or knowingly
7 causes bodily injury to another with a deadly weapon; or
8 (5) attempts to cause or intentionally or knowingly
9 causes bodily injury to a teaching staff member, school board
10 member, or other employee of a board of school directors OF <--
11 ANY ELEMENTARY OR SECONDARY PUBLICLY FUNDED EDUCATIONAL
12 INSTITUTION, ANY ELEMENTARY OR SECONDARY PRIVATE SCHOOL
13 LICENSED BY THE DEPARTMENT OF EDUCATION OR ANY ELEMENTARY OR
14 SECONDARY PAROCHIAL SCHOOL while acting in a THE scope of his <--
15 or her employment or because of his or her EMPLOYMENT <--
16 relationship to the public school. system of the <--
17 Commonwealth.
18 (b) Grading.--Aggravated assault under [paragraphs]
19 subsections (a)(1) and (a)(2) of this section is a felony of the
20 second degree. Aggravated assault under [paragraphs] subsections
21 (a)(3), [and] (a)(4) and (a)(5) of this section is a misdemeanor
22 of the first degree. Whenever any person has been previously
23 convicted OR ADJUDICATED A DELINQUENT in this Commonwealth of <--
24 FOR the offense set forth in subsection (a)(5), another <--
25 conviction A SUBSEQUENT ALLEGATION, INDICTMENT OR INFORMATION of <--
26 aggravated assault under subsection (a)(5) shall be graded <--
27 CLASSIFIED as a felony of the third degree. <--
28 Section 2. This act shall take effect in 60 days.
C21L21RZ/19790S0544B0964 - 2 -