SENATE AMENDED
        PRIOR PRINTER'S NOS. 202, 464                 PRINTER'S NO. 1177

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 185 Session of 1993


        INTRODUCED BY MELIO, DeLUCA, PESCI, SCHEETZ, BATTISTO, KIRKLAND,
           DALEY, OLASZ, KING AND DONATUCCI, FEBRUARY 3, 1993

        SENATOR LEWIS, JUDICIARY, IN SENATE, AS AMENDED, MARCH 30, 1993

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, ESTABLISHING AN ADDITIONAL CATEGORY OF  <--
     3     CRIMINAL HOMICIDE KNOWN AS HOMICIDE BY ABUSE; further
     4     providing for GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND    <--
     5     CONSPIRACY AND FOR aggravated assault; defining the offense
     6     of concealment of child from law enforcement authorities;
     7     providing for the crime of auto piracy; further providing for
     8     the determination of antique slot machines, for purchase,
     9     consumption, possession or transportation of alcohol by
    10     certain persons and for possession of false identification to
    11     obtain alcohol; and providing penalties for trafficking drugs  <--
    12     to minors; AND FURTHER PROVIDING FOR SENTENCES FOR OFFENSES    <--
    13     COMMITTED WITH FIREARMS.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 2702 of Title 18 of the Pennsylvania       <--
    17  Consolidated Statutes is amended to read:
    18     SECTION 1.  SECTIONS 905(A) AND 2502(B) OF TITLE 18 OF THE     <--
    19  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
    20  § 905.  GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND
    21             CONSPIRACY.
    22     (A)  GRADING.--EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
    23  ATTEMPT, SOLICITATION AND CONSPIRACY ARE CRIMES OF THE SAME

     1  GRADE AND DEGREE AS THE MOST SERIOUS OFFENSE WHICH IS ATTEMPTED
     2  OR SOLICITED OR IS AN OBJECT OF THE CONSPIRACY. AN ATTEMPT,
     3  SOLICITATION OR CONSPIRACY TO COMMIT [MURDER OR] A FELONY OF THE
     4  FIRST DEGREE IS A FELONY OF THE SECOND DEGREE. AN ATTEMPT,
     5  SOLICITATION OR CONSPIRACY TO COMMIT MURDER OF THE FIRST DEGREE
     6  IS A FELONY OF THE FIRST DEGREE.
     7     * * *
     8  § 2502.  MURDER.
     9     * * *
    10     (B)  MURDER OF THE SECOND DEGREE.--A CRIMINAL HOMICIDE
    11  CONSTITUTES MURDER OF THE SECOND DEGREE WHEN IT IS COMMITTED
    12  WHILE DEFENDANT WAS ENGAGED AS A PRINCIPAL OR AN ACCOMPLICE IN
    13  THE PERPETRATION OF A FELONY OR WHEN IT IS DETERMINED TO BE
    14  HOMICIDE BY ABUSE UNDER SECTION 2507 (RELATING TO HOMICIDE BY
    15  ABUSE).
    16     * * *
    17     SECTION 2.  TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
    18  § 2507.  HOMICIDE BY ABUSE.
    19     (A)  GENERAL RULE.--A PERSON COMMITS HOMICIDE BY ABUSE WHEN
    20  THAT PERSON KILLS A CHILD 17 YEARS OF AGE OR YOUNGER, A
    21  DEVELOPMENTALLY DISABLED PERSON OR A DEPENDENT ADULT, AND THE
    22  DEATH RESULTS FROM ONE OR MORE INCIDENTS OF ABUSE OR THE DEATH
    23  IS THE RESULT OF A DEMONSTRATED PATTERN OF ABUSE.
    24     (B)  CLASSIFICATION.--HOMICIDE BY ABUSE IS A MURDER OF THE
    25  SECOND DEGREE.
    26     (C)  DEFINITION.--AS USED IN THIS SECTION, THE TERM
    27  "DEPENDENT ADULT" MEANS A PERSON WHO, BECAUSE OF PHYSICAL OR
    28  MENTAL DISABILITY OR BECAUSE OF EXTREME ADVANCED AGE, IS
    29  DEPENDENT UPON ANOTHER PERSON TO PROVIDE THE BASIC NECESSITIES
    30  OF LIFE.
    19930H0185B1177                  - 2 -

     1     SECTION 3.  SECTION 2702 OF TITLE 18 IS AMENDED TO READ:
     2  § 2702.  Aggravated assault.
     3     (a)  Offense defined.--A person is guilty of aggravated
     4  assault if he:
     5         (1)  attempts to cause serious bodily injury to another,
     6     or causes such injury intentionally, knowingly or recklessly
     7     under circumstances manifesting extreme indifference to the
     8     value of human life;
     9         (2)  attempts to cause or intentionally, knowingly or
    10     recklessly causes serious bodily injury to [a police officer,
    11     firefighter, county adult probation or parole officer, county
    12     juvenile probation or parole officer or an agent of the
    13     Pennsylvania Board of Probation and Parole in the performance
    14     of duty or to] any of the officers, agents, employees or
    15     other persons enumerated in subsection (c) or to an employee
    16     of an agency, company or other entity engaged in public
    17     transportation, while in the performance of duty;
    18         (3)  attempts to cause or intentionally or knowingly
    19     causes bodily injury to [a police officer, firefighter or
    20     county adult probation or parole officer, county juvenile
    21     probation or parole officer or an agent of the Pennsylvania
    22     Board of Probation and Parole] any of the officers, agents,
    23     employees or other persons enumerated in subsection (c), in
    24     the performance of duty;
    25         (4)  attempts to cause or intentionally or knowingly
    26     causes bodily injury to another with a deadly weapon; [or]
    27         (5)  attempts to cause or intentionally or knowingly
    28     causes bodily injury to a teaching staff member, school board
    29     member, other employee or student of any elementary or
    30     secondary publicly-funded educational institution, any
    19930H0185B1177                  - 3 -

     1     elementary or secondary private school licensed by the
     2     Department of Education or any elementary or secondary
     3     parochial school while acting in the scope of his or her
     4     employment or because of his or her employment relationship
     5     to the school[.]; or OR RELATIONSHIP AS A STUDENT OF THE       <--
     6     SCHOOL.
     7         (6)  attempts by physical menace to put any of the         <--
     8     officers, agents, employees or other persons enumerated in
     9     subsection (c), while in the performance of duty, in fear of
    10     imminent serious bodily injury.
    11     (b)  Grading.--Aggravated assault under subsection (a)(1) and
    12  (2) is a felony of the first degree. Aggravated assault under
    13  subsection (a)(3), (4) [and (5)], (5) and (6) is a felony of the  <--
    14  second degree.
    15     (c)  Officers, employees, etc. enumerated.--The officers,
    16  agents, employees and other persons referred to in subsection
    17  (a) shall be as follows:
    18         (1)  A police officer.
    19         (2)  A firefighter.
    20         (3)  A county adult probation or parole officer.
    21         (4)  A county juvenile probation or parole officer.
    22         (5)  An agent of the Pennsylvania Board of Probation and
    23     Parole.
    24         (6)  A sheriff.
    25         (7)  A deputy sheriff.
    26         (8)  A liquor control enforcement agent.
    27         (9)  An officer or employee of a correctional
    28     institution.
    29         (10)  A judge of any court in the unified judicial
    30     system.
    19930H0185B1177                  - 4 -

     1         (11)  The Attorney General.
     2         (12)  A deputy attorney general.
     3         (13)  A district attorney.
     4         (14)  An assistant district attorney.
     5         (15)  A Federal law enforcement official.
     6         (16)  A State law enforcement official.
     7         (17)  A local law enforcement official.
     8         (18)  Any person employed to assist or who assists any
     9     Federal, State or local law enforcement official.
    10         (19)  An employee of an institution, youth development
    11     center, camp or other facility for delinquent children
    12     operated under the direction or supervision of the court or
    13     other public authority and approved by the Department of
    14     Public Welfare.
    15         (20)  An officer or employee of a county domestic
    16     relations office.
    17         (21)  An emergency medical technician or emergency
    18     medical technician-paramedic, as defined in section 3 of the
    19     act of July 3, 1985 (P.L.164, No.45), known as the Emergency
    20     Medical Services Act.
    21     Section 2 4.  Title 18 is amended by adding sections to read:  <--
    22  § 2911.  Concealment of child from law enforcement authorities.
    23     A person who knowingly or recklessly conceals a child from a
    24  law enforcement officer who is investigating a report of a
    25  missing child commits a misdemeanor of the second degree.
    26  § 3702.  Auto piracy.
    27     A person commits a felony of the first degree who, whether
    28  armed or unarmed, by force or violence, by threat of force or
    29  violence, or by putting a person in fear of death or bodily
    30  harm, robs, steals or takes a motor vehicle from another person
    19930H0185B1177                  - 5 -

     1  in the presence of that person or any other person in lawful
     2  possession of the motor vehicle.
     3     Section 3 5.  Sections 5513(c), 6308(b), 6310.3(b) and         <--
     4  6314(b), 6314(B) AND 9712(A) of Title 18 are amended to read:     <--
     5  § 5513.  Gambling devices, gambling, etc.
     6     * * *
     7     (c)  Antique slot machines.--
     8         (1)  A slot machine shall be established as an antique
     9     slot machine if the defendant shows by a preponderance of the
    10     evidence that it was manufactured [prior to 1941] more than    <--
    11     25 years prior to the current year AT LEAST 25 YEARS PRIOR TO  <--
    12     THE DATE OF THE VIOLATION OF SUBSECTION (A) and that it was
    13     not used or attempted to be used for any unlawful purposes.
    14     Notwithstanding subsection (b), no antique slot machine
    15     seized from any defendant shall be destroyed or otherwise
    16     altered until the defendant is given an opportunity to
    17     establish that the slot machine is an antique slot machine.
    18     After a final court determination that the slot machine is an
    19     antique slot machine, the slot machine shall be returned
    20     pursuant to the provisions of law providing for the return of
    21     property; otherwise, the slot machine shall be destroyed.
    22         (2)  It is the purpose of this subsection to protect the
    23     collection and restoration of antique slot machines not
    24     presently utilized for gambling purposes.
    25  § 6308.  Purchase, consumption, possession or transportation of
    26             liquor or malt or brewed beverages.
    27     * * *
    28     (b)  [Penalty] Minimum penalty.--In addition to the penalty    <--
    29  imposed pursuant to section 6310.4 (relating to restriction of
    30  operating privileges), a person convicted of violating
    19930H0185B1177                  - 6 -

     1  subsection (a) [may] shall be sentenced to pay a fine of not      <--
     2  more than $500 [for the second and each subsequent violation].
     3  There shall be no authority in any court to impose on an          <--
     4  offender any lesser sentence than the minimum sentence mandated
     5  by this subsection. No court shall have the authority to suspend
     6  any sentence as defined in this section.
     7     * * *
     8  § 6310.3.  Carrying a false identification card.
     9     * * *
    10     (b)  Minimum penalty.--In addition to any other penalty
    11  imposed pursuant to section 6310.4 (relating to restriction of
    12  operating privileges) or any other statute, a person who is
    13  convicted of violating subsection (a) shall be sentenced to pay
    14  a fine of not more than $500 [for the second and subsequent
    15  violations]. No court shall have the authority to suspend any
    16  sentence as defined in this section.
    17     * * *
    18  § 6314.  Sentencing and penalties for trafficking drugs to
    19             minors.
    20     * * *
    21     (b)  Additional penalties.--In addition to the mandatory
    22  minimum sentence set forth in subsection (a), the person shall
    23  be sentenced to an additional minimum sentence of at least two
    24  years total confinement, notwithstanding any other provision of
    25  this title or other statute to the contrary, if the person did
    26  any of the following:
    27         (1)  Committed the offense with the intent to promote the
    28     habitual use of the controlled substance.
    29         (2)  Intended to engage the minor in the trafficking,
    30     transportation, delivery, manufacturing, sale or conveyance.
    19930H0185B1177                  - 7 -

     1         (3)  Committed the offense within 1,000 feet of the real
     2     property on which is located a public, private or parochial
     3     school or a college or university.
     4         (4)  Committed the offense on a school bus.
     5         (5)  Committed the offense within 1,000 100 feet of a      <--
     6     school bus stop ON THOSE DAYS AND AT THOSE TIMES AS SCHOOL     <--
     7     STUDENTS ARE AWAITING TRANSPORTATION OR ARE BEING DISCHARGED
     8     AT THESE LOCATIONS.
     9         (6)  Committed the offense within 1,000 100 feet of the    <--
    10     real property of a public playground.
    11     * * *
    12  § 9712.  SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS.          <--
    13     (A)  MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY
    14  COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
    15  VOLUNTARY MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL
    16  INTERCOURSE, ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I),
    17  (II) OR (III) (RELATING TO ROBBERY), AGGRAVATED ASSAULT AS
    18  DEFINED IN 18 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED
    19  ASSAULT) OR KIDNAPPING, OR WHO IS CONVICTED OF ATTEMPT TO COMMIT
    20  ANY OF THESE CRIMES, INCLUDING AN ATTEMPT TO COMMIT MURDER OF
    21  THE FIRST DEGREE, SHALL, IF THE PERSON VISIBLY POSSESSED A
    22  FIREARM DURING THE COMMISSION OF THE OFFENSE, BE SENTENCED TO A
    23  MINIMUM SENTENCE OF AT LEAST FIVE YEARS OF TOTAL CONFINEMENT
    24  NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OTHER
    25  STATUTE TO THE CONTRARY.
    26     * * *
    27     Section 4 6.  The amendment of 18 Pa.C.S. §§ 6308(b) and       <--
    28  6310.3(b) shall apply to sentences imposed on or after the
    29  effective date of this act.
    30     Section 5 7.  This act shall take effect in 60 days.           <--
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