SENATE AMENDED PRIOR PRINTER'S NOS. 202, 464 PRINTER'S NO. 1177
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. <-- L18L18WMB/19930H0185B1177 - 8 -