PRIOR PRINTER'S NO. 1363 PRINTER'S NO. 1973
No. 1151 Session of 1981
INTRODUCED BY RHOADES, GEKAS, HOPPER, LOEPER, LINCOLN, BELL,
O'CONNELL, STAPLETON, SINGEL, HELFRICK, SNYDER, KUSSE,
STREET, GREENLEAF, MELLOW, CORMAN, FISHER, JUBELIRER, O'PAKE
AND PECORA, OCTOBER 14, 1981
AS AMENDED ON THIRD CONSIDERATION, MAY 24, 1982
AN ACT
1 Amending Title 18 (Crimes and Offenses) 42 (JUDICIARY AND <--
2 JUDICIAL PROCEDURE) of the Pennsylvania Consolidated
3 Statutes, providing for minimum terms for aggravated assault
4 committed against persons over 60 years of age.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2702 of Title 18 TITLE 42, act of <--
8 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
9 Consolidated Statutes, is amended BY ADDING A SECTION 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
18 recklessly causes serious bodily injury to a police officer
1 making or attempting to make a lawful arrest or to an
2 operator of a vehicle used in public transportation while
3 operating such a vehicle;
4 (3) attempts to cause or intentionally or knowingly
5 causes bodily injury to a police officer making or attempting
6 to make a lawful arrest;
7 (4) attempts to cause or intentionally or knowingly
8 causes bodily injury to another with a deadly weapon; or
9 (5) attempts to cause or intentionally or knowingly
10 causes bodily injury to a teaching staff member, school board
11 member, other employee or student of any elementary or
12 secondary publicly-funded educational institution, any
13 elementary or secondary private school licensed by the
14 Department of Education or any elementary or secondary
15 parochial school while acting in the scope of his or her
16 employment or because of his or her employment relationship
17 to the school.
18 (b) Grading.--Aggravated assault under subsection (a)(1) and
19 (2) is a felony of the second degree. Aggravated assault under
20 subsection (a)(3), (4) and (5) is a misdemeanor of the first
21 degree. Whenever any person has been previously convicted or
22 adjudicated a delinquent in this Commonwealth for the offense
23 set forth in subsection (a)(5), a subsequent petition,
24 indictment or information of aggravated assault under subsection
25 (a)(5) shall be classified as a felony of the third degree.
26 (c) Minimum term for offense against elderly person.--A
27 person convicted of aggravated assault where the victim of the
28 offense is over 60 years of age shall be sentenced to a minimum
29 term of imprisonment of five years. Parole shall not be granted
30 until the minimum term of imprisonment has been served.
19810S1151B1973 - 2 -
1 § 9717. SENTENCES FOR OFFENSES AGAINST ELDERLY PERSONS. <--
2 (A) MANDATORY SENTENCE.--A PERSON CONVICTED OF THE FOLLOWING
3 OFFENSES WHEN THE VICTIM IS OVER 60 YEARS OF AGE SHALL BE
4 SENTENCED TO A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
5 18 PA.C.S. § 2702 (RELATING TO AGGRAVATED ASSAULT) - NOT
6 LESS THAN FIVE YEARS.
7 (B) ELIGIBILITY FOR PAROLE.--PAROLE SHALL NOT BE GRANTED
8 UNTIL THE MINIMUM TERM OF IMPRISONMENT HAS BEEN SERVED.
9 Section 2. This act shall take effect in 60 days.
J6L18SG/19810S1151B1973 - 3 -