SENATE AMENDED
PRIOR PRINTER'S NOS. 202, 464, 1177, PRINTER'S NO. 2150
1395, 2105
No. 185 Session of 1993
INTRODUCED BY MELIO, DeLUCA, PESCI, SCHEETZ, BATTISTO, KIRKLAND,
DALEY, OLASZ, KING AND DONATUCCI, FEBRUARY 3, 1993
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 16, 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 AND FOR COMPULSORY SCHOOL ATTENDANCE; FURTHER <--
13 PROVIDING FOR SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS; <--
14 AND MAKING A REPEAL.
15 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA <--
16 CONSOLIDATED STATUTES, FURTHER PROVIDING FOR PROHIBITED
17 OFFENSIVE WEAPONS AND FOR LIMITATION ON MUNICIPAL REGULATION
18 OF FIREARMS AND AMMUNITION; AND PROVIDING FOR SUMMARY <--
19 OFFENSES IN CONNECTION WITH AMUSEMENT RIDES.
20 THE GENERAL ASSEMBLY RECOGNIZES THAT AMUSEMENT PARKS HAVE A
21 LONG HISTORY OF SAFE OPERATION IN THIS COMMONWEALTH, AND THAT IT
22 IS IN THE BEST INTEREST OF THE CITIZENS OF THIS COMMONWEALTH TO
23 CONTINUE THE TRADITION OF SAFE OPERATION OF AMUSEMENT RIDES. IN
24 FURTHERANCE OF THIS INTEREST, THE GENERAL ASSEMBLY FINDS THAT
25 REASONABLE WARNINGS AND RESTRICTIONS ARE OFTEN NECESSARY TO
1 ENSURE THE SAFETY OF AMUSEMENT RIDE PASSENGERS, AND THAT
2 PASSENGERS MUST BEAR A PORTION OF THE RESPONSIBILITY FOR THEIR
3 OWN SAFETY BY FOLLOWING THESE WARNINGS AND RESTRICTIONS.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2702 of Title 18 of the Pennsylvania <--
7 Consolidated Statutes is amended to read:
8 SECTION 1. SECTIONS 905(A) AND 2502(B) OF TITLE 18 OF THE <--
9 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
10 § 905. GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND
11 CONSPIRACY.
12 (A) GRADING.--EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
13 ATTEMPT, SOLICITATION AND CONSPIRACY ARE CRIMES OF THE SAME
14 GRADE AND DEGREE AS THE MOST SERIOUS OFFENSE WHICH IS ATTEMPTED
15 OR SOLICITED OR IS AN OBJECT OF THE CONSPIRACY. AN ATTEMPT,
16 SOLICITATION OR CONSPIRACY TO COMMIT [MURDER OR] A FELONY OF THE
17 FIRST DEGREE IS A FELONY OF THE SECOND DEGREE. AN ATTEMPT,
18 SOLICITATION OR CONSPIRACY TO COMMIT MURDER OF THE FIRST DEGREE
19 IS A FELONY OF THE FIRST DEGREE.
20 * * *
21 § 2502. MURDER.
22 * * *
23 (B) MURDER OF THE SECOND DEGREE.--A CRIMINAL HOMICIDE
24 CONSTITUTES MURDER OF THE SECOND DEGREE WHEN IT IS COMMITTED
25 WHILE DEFENDANT WAS ENGAGED AS A PRINCIPAL OR AN ACCOMPLICE IN
26 THE PERPETRATION OF A FELONY OR WHEN IT IS DETERMINED TO BE
27 HOMICIDE BY ABUSE UNDER SECTION 2507 (RELATING TO HOMICIDE BY
28 ABUSE).
29 * * *
30 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
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1 § 2507. HOMICIDE BY ABUSE.
2 (A) GENERAL RULE.--A PERSON COMMITS HOMICIDE BY ABUSE WHEN
3 THAT PERSON KILLS A CHILD 17 YEARS OF AGE OR YOUNGER, A
4 DEVELOPMENTALLY DISABLED PERSON OR A DEPENDENT ADULT, AND THE
5 DEATH RESULTS FROM ONE OR MORE INCIDENTS OF ABUSE OR THE DEATH
6 IS THE RESULT OF A DEMONSTRATED PATTERN OF ABUSE.
7 (B) CLASSIFICATION.--HOMICIDE BY ABUSE IS A MURDER OF THE
8 SECOND DEGREE.
9 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM
10 "DEPENDENT ADULT" MEANS A PERSON WHO, BECAUSE OF PHYSICAL OR
11 MENTAL DISABILITY OR BECAUSE OF EXTREME ADVANCED AGE, IS
12 DEPENDENT UPON ANOTHER PERSON TO PROVIDE THE BASIC NECESSITIES
13 OF LIFE.
14 SECTION 3. SECTION 2702 OF TITLE 18 IS AMENDED TO READ:
15 § 2702. Aggravated assault.
16 (a) Offense defined.--A person is guilty of aggravated
17 assault if he:
18 (1) attempts to cause serious bodily injury to another,
19 or causes such injury intentionally, knowingly or recklessly
20 under circumstances manifesting extreme indifference to the
21 value of human life;
22 (2) attempts to cause or intentionally, knowingly or
23 recklessly causes serious bodily injury to [a police officer,
24 firefighter, county adult probation or parole officer, county
25 juvenile probation or parole officer or an agent of the
26 Pennsylvania Board of Probation and Parole in the performance
27 of duty or to] any of the officers, agents, employees or
28 other persons enumerated in subsection (c) or to an employee
29 of an agency, company or other entity engaged in public
30 transportation, while in the performance of duty;
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1 (3) attempts to cause or intentionally or knowingly
2 causes bodily injury to [a police officer, firefighter or
3 county adult probation or parole officer, county juvenile
4 probation or parole officer or an agent of the Pennsylvania
5 Board of Probation and Parole] any of the officers, agents,
6 employees or other persons enumerated in subsection (c), in
7 the performance of duty;
8 (4) attempts to cause or intentionally or knowingly
9 causes bodily injury to another with a deadly weapon; [or]
10 (5) attempts to cause or intentionally or knowingly
11 causes bodily injury to a teaching staff member, school board
12 member, other employee or student of any elementary or
13 secondary publicly-funded educational institution, any
14 elementary or secondary private school licensed by the
15 Department of Education or any elementary or secondary
16 parochial school while acting in the scope of his or her
17 employment or because of his or her employment relationship
18 to the school[.]; or OR RELATIONSHIP AS A STUDENT OF THE <--
19 SCHOOL.
20 (6) attempts by physical menace to put any of the
21 officers, agents, employees or other persons enumerated in
22 subsection (c), while in the performance of duty, in fear of
23 imminent serious bodily injury.
24 (b) Grading.--Aggravated assault under subsection (a)(1) and
25 (2) is a felony of the first degree. Aggravated assault under
26 subsection (a)(3), (4) [and (5)], (5) and (6) is a felony of the
27 second degree.
28 (c) Officers, employees, etc. enumerated.--The officers,
29 agents, employees and other persons referred to in subsection
30 (a) shall be as follows:
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1 (1) A police officer.
2 (2) A firefighter.
3 (3) A county adult probation or parole officer.
4 (4) A county juvenile probation or parole officer.
5 (5) An agent of the Pennsylvania Board of Probation and
6 Parole.
7 (6) A sheriff.
8 (7) A deputy sheriff.
9 (8) A liquor control enforcement agent.
10 (9) An officer or employee of a correctional
11 institution.
12 (10) A judge of any court in the unified judicial
13 system.
14 (11) The Attorney General.
15 (12) A deputy attorney general.
16 (13) A district attorney.
17 (14) An assistant district attorney.
18 (15) A Federal law enforcement official.
19 (16) A State law enforcement official.
20 (17) A local law enforcement official.
21 (18) Any person employed to assist or who assists any
22 Federal, State or local law enforcement official.
23 (19) An employee of an institution, youth development
24 center, camp or other facility for delinquent children
25 operated under the direction or supervision of the court or
26 other public authority and approved by the Department of
27 Public Welfare.
28 (20) An officer or employee of a county domestic
29 relations office.
30 (21) An emergency medical technician or emergency
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1 medical technician-paramedic, as defined in section 3 of the
2 act of July 3, 1985 (P.L.164, No.45), known as the Emergency
3 Medical Services Act.
4 Section 2 4. Title 18 is amended by adding sections to read:
5 § 2911. Concealment of child from law enforcement authorities.
6 A person who knowingly or recklessly conceals a child from a
7 law enforcement officer who is investigating a report of a
8 missing child commits a misdemeanor of the second degree.
9 § 3702. Auto piracy.
10 A person commits a felony of the first degree who, whether
11 armed or unarmed, by force or violence, by threat of force or
12 violence, or by putting a person in fear of death or bodily
13 harm, robs, steals or takes a motor vehicle from another person
14 in the presence of that person or any other person in lawful
15 possession of the motor vehicle.
16 Section 3 5. Sections 5513(c), 6308(b), 6310.3(b) and
17 6314(b), 6314(B) AND 9712(A) AND 6314(B) of Title 18 are amended <--
18 to read:
19 § 5513. Gambling devices, gambling, etc.
20 * * *
21 (c) Antique slot machines.--
22 (1) A slot machine shall be established as an antique
23 slot machine if the defendant shows by a preponderance of the
24 evidence that it was manufactured [prior to 1941] more than
25 25 years prior to the current year AT LEAST 25 YEARS PRIOR TO <--
26 THE DATE OF THE VIOLATION OF SUBSECTION (A) and that it was
27 not used or attempted to be used for any unlawful purposes.
28 Notwithstanding subsection (b), no antique slot machine
29 seized from any defendant shall be destroyed or otherwise
30 altered until the defendant is given an opportunity to
19930H0185B2150 - 6 -
1 establish that the slot machine is an antique slot machine.
2 After a final court determination that the slot machine is an
3 antique slot machine, the slot machine shall be returned
4 pursuant to the provisions of law providing for the return of
5 property; otherwise, the slot machine shall be destroyed.
6 (2) It is the purpose of this subsection to protect the
7 collection and restoration of antique slot machines not
8 presently utilized for gambling purposes.
9 § 6308. Purchase, consumption, possession or transportation of
10 liquor or malt or brewed beverages.
11 * * *
12 (b) [Penalty] Minimum penalty@.--In addition to the penalty
13 imposed pursuant to section 6310.4 (relating to restriction of
14 operating privileges), a person convicted of violating
15 subsection (a) may] shall be sentenced to pay a fine of not more
16 than $500 [for the second and each subsequent violation]. There
17 shall be no authority in any court to impose on an offender any
18 lesser sentence than the minimum sentence mandated by this
19 subsection. No court shall have the authority to suspend any
20 sentence as defined in this section.
21 * * *
22 § 6310.3. Carrying a false identification card.
23 * * *
24 (b) Minimum penalty.--In addition to any other penalty
25 imposed pursuant to section 6310.4 (relating to restriction of
26 operating privileges) or any other statute, a person who is
27 convicted of violating subsection (a) shall be sentenced to pay
28 a fine of not more than $500 [for the second and subsequent
29 violations]. No court shall have the authority to suspend any
30 sentence as defined in this section.
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1 * * *
2 § 6314. Sentencing and penalties for trafficking drugs to
3 minors.
4 * * *
5 (b) Additional penalties.--In addition to the mandatory
6 minimum sentence set forth in subsection (a), the person shall
7 be sentenced to an additional minimum sentence of at least two
8 years total confinement, notwithstanding any other provision of
9 this title or other statute to the contrary, if the person did
10 any of the following:
11 (1) Committed the offense with the intent to promote the
12 habitual use of the controlled substance.
13 (2) Intended to engage the minor in the trafficking,
14 transportation, delivery, manufacturing, sale or conveyance.
15 (3) Committed the offense within 1,000 feet of the real
16 property on which is located a public, private or parochial
17 school or a college or university.
18 (4) Committed the offense on a school bus.
19 (5) Committed the offense within 1,000 100 feet of a
20 school bus stop ON THOSE DAYS AND AT THOSE TIMES AS SCHOOL <--
21 STUDENTS ARE AWAITING TRANSPORTATION OR ARE BEING DISCHARGED
22 AT THESE LOCATIONS.
23 (6) Committed the offense within 1,000 100 feet of the
24 real property of a public playground.
25 * * *
26 SECTION 6. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <--
27 § 6315. COMPULSORY SCHOOL ATTENDANCE.
28 (A) PENALTY FOR NONCOMPLIANCE.--
29 (1) A PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION
30 HAVING CONTROL OR CHARGE OF A CHILD OR CHILDREN OF COMPULSORY
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1 SCHOOL AGE WHO FAILS TO COMPLY WITH THE PROVISIONS OF THE
2 PUBLIC SCHOOL CODE REGARDING COMPULSORY ATTENDANCE COMMITS A
3 SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY, FOR THE
4 BENEFIT OF THE SCHOOL DISTRICT IN WHICH THE OFFENDING PERSON
5 RESIDES, A FINE OF NOT MORE THAN $300 FOR THE FIRST OFFENSE
6 AND NOT MORE THAN $300 FOR EACH SUCCEEDING OFFENSE OR TO
7 COMPLETE A PARENTING EDUCATION PROGRAM OFFERED AND OPERATED
8 BY A LOCAL SCHOOL DISTRICT, MEDICAL INSTITUTION OR OTHER
9 STATE-APPROVED AGENCY, OR BOTH.
10 (2) IN THE DEFAULT OF THE PAYMENT OF A FINE OR
11 COMPLETION OF THE PARENTING PROGRAM UNDER PARAGRAPH (1), THE
12 PERSON SO OFFENDING SHALL BE SENTENCED TO THE COUNTY JAIL FOR
13 A PERIOD OF NOT MORE THAN FIVE DAYS.
14 (B) APPEAL.--A PERSON SENTENCED TO PAY A FINE MAY, IN
15 ACCORDANCE WITH RULE 86 OF THE PENNSYLVANIA RULES OF CRIMINAL
16 PROCEDURE, APPEAL TO THE COURT OF COMMON PLEAS OF THE PROPER
17 COUNTY, UPON ENTERING INTO A RECOGNIZANCE WITH ONE OR MORE
18 PROPER SURETIES IN DOUBLE THE AMOUNT OF PENALTY AND COSTS.
19 (C) NOTICE.--BEFORE ANY PROCEEDINGS ARE INSTITUTED AGAINST A
20 PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION FOR FAILURE TO
21 COMPLY WITH THE PROVISIONS OF THE PUBLIC SCHOOL CODE OR THIS
22 SECTION, THE DISTRICT SUPERINTENDENT, ATTENDANCE OFFICER OR
23 SECRETARY OF THE BOARD OF SCHOOL DIRECTORS SHALL GIVE THE
24 OFFENDING PERSON THREE DAYS' WRITTEN NOTICE OF THE VIOLATION.
25 IF, AFTER THE NOTICE HAS BEEN GIVEN, THE PROVISIONS OF THIS
26 SECTION REGARDING COMPULSORY ATTENDANCE ARE AGAIN VIOLATED BY
27 THE PERSONS SO NOTIFIED AT ANY TIME DURING THE TERM OF
28 COMPULSORY ATTENDANCE, THAT PERSON SO AGAIN OFFENDING SHALL BE
29 LIABLE UNDER THIS SECTION WITHOUT FURTHER NOTICE.
30 (D) REASONABLE STEPS TO INSURE ATTENDANCE.--AFTER THE FIRST
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1 OFFENSE, FOR A SUCCEEDING OFFENSE, A PARENT, GUARDIAN OR PERSON
2 IN PARENTAL RELATION MUST APPEAR AT A HEARING ESTABLISHED BY THE
3 DISTRICT JUSTICE. IF THE PARENT, GUARDIAN OR PERSON IN PARENTAL
4 RELATION CHARGED WITH A SUMMARY OFFENSE UNDER SUBSECTION (A)
5 SHOWS THAT HE TOOK EVERY REASONABLE STEP TO INSURE ATTENDANCE OF
6 THE CHILD AT SCHOOL, HE SHALL NOT BE CONVICTED OF THE SUMMARY
7 OFFENSE.
8 (E) HABITUAL TRUANCY.--
9 (1) IF THE PARENT, GUARDIAN OR PERSON IN PARENTAL
10 RELATION IS NOT CONVICTED OF A SUMMARY OFFENSE BECAUSE HE
11 TOOK EVERY REASONABLE STEP TO INSURE ATTENDANCE OF THE CHILD
12 AT SCHOOL, THE CHILD OF COMPULSORY SCHOOL AGE WHO FAILS TO
13 COMPLY WITH THE PUBLIC SCHOOL CODE AND THIS SECTION REGARDING
14 COMPULSORY ATTENDANCE OR WHO IS HABITUALLY TRUANT FROM SCHOOL
15 WITHOUT JUSTIFICATION COMMITS A SUMMARY OFFENSE AND SHALL BE
16 SENTENCED TO PAY, FOR THE BENEFIT OF THE SCHOOL DISTRICT IN
17 WHICH THE OFFENDING CHILD RESIDES, A FINE OF NOT MORE THAN
18 $300 FOR EACH OFFENSE OR SHALL BE ASSIGNED TO AN ADJUDICATION
19 ALTERNATIVE PROGRAM UNDER 42 PA.C.S. § 1520 (RELATING TO
20 ADJUDICATION ALTERNATIVE PROGRAM) WHICH HAS BEEN APPROVED BY
21 THE DISTRICT ATTORNEY AND THE PRESIDENT JUDGE PURSUANT TO THE
22 RULES OF CRIMINAL PROCEDURE REGARDING ACCELERATED
23 REHABILITATIVE DISPOSITION. THE CHILD SHALL APPEAR AT THE
24 HEARING ESTABLISHED BY THE DISTRICT JUSTICE, ACCOMPANIED BY
25 HIS PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION.
26 (2) IF THE CHILD FAILS TO PAY THE FINE UNDER PARAGRAPH
27 (1) OR TO COMPLY WITH THE ADJUDICATION ALTERNATIVE PROGRAM,
28 THE DISTRICT JUSTICE MAY PROCEED ACCORDING TO SECTION 1338 OF
29 THE PUBLIC SCHOOL CODE.
30 (F) AUTHORITY OF DISTRICT JUSTICE.--WHERE AUTHORIZED BY THE
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1 COURT OF COMMON PLEAS, THE DISTRICT JUSTICE SHALL HAVE AUTHORITY
2 TO COMPEL SERVICE BY SHERIFF, CONSTABLE OR POLICE AND SECURE
3 ATTENDANCE DURING THE WEEK, DAY AND TIMES THAT THE COURT IS IN
4 SESSION.
5 (G) COURT OF COMMON PLEAS.--THE COURT OF COMMON PLEAS MAY
6 ELECT TO HEAR DIRECTLY CASES BROUGHT UNDER THIS SECTION.
7 (H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
8 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
9 SUBSECTION:
10 "HABITUALLY TRUANT." ABSENT FOR MORE THAN THREE SCHOOL DAYS
11 OR THEIR EQUIVALENT FOLLOWING THE FIRST NOTICE OF TRUANCY GIVEN
12 UNDER SECTION 1354 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
13 KNOWN AS THE PUBLIC SCHOOL CODE OF 1949. A PERSON MAY BE
14 HABITUALLY TRUANT AFTER THAT NOTICE.
15 "OFFENSE." EACH CITATION WHICH GOES BEFORE A DISTRICT
16 JUSTICE OR COURT OF COMMON PLEAS.
17 "PUBLIC SCHOOL CODE." THE ACT OF MARCH 10, 1949 (P.L.30,
18 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
19 SECTION 7. SECTION 9712(A) OF TITLE 18 IS AMENDED TO READ:
20 § 9712. SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS. <--
21 (A) MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY
22 COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
23 VOLUNTARY MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL
24 INTERCOURSE, ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I),
25 (II) OR (III) (RELATING TO ROBBERY), AGGRAVATED ASSAULT AS
26 DEFINED IN 18 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED
27 ASSAULT) OR KIDNAPPING, OR WHO IS CONVICTED OF ATTEMPT TO COMMIT
28 ANY OF THESE CRIMES, INCLUDING AN ATTEMPT TO COMMIT MURDER OF
29 THE FIRST DEGREE, SHALL, IF THE PERSON VISIBLY POSSESSED A
30 FIREARM DURING THE COMMISSION OF THE OFFENSE, BE SENTENCED TO A
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1 MINIMUM SENTENCE OF AT LEAST FIVE YEARS OF TOTAL CONFINEMENT
2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OTHER
3 STATUTE TO THE CONTRARY.
4 * * *
5 SECTION 8. SECTION 1333 OF THE ACT OF MARCH 10, 1949 <--
6 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
7 REPEALED.
8 Section 4 6 9. The amendment of 18 Pa.C.S. §§ 6308(b) and
9 6310.3(b) shall apply to sentences imposed on or after the
10 effective date of this act.
11 Section 5 7 10. This act shall take effect in 60 days.
12 SECTION 1. SECTIONS 908 AND 6120 OF TITLE 18 OF THE <--
13 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
14 § 908. PROHIBITED OFFENSIVE WEAPONS.
15 (A) OFFENSE DEFINED.--A PERSON COMMITS A MISDEMEANOR OF THE
16 FIRST DEGREE IF, EXCEPT AS AUTHORIZED BY LAW, HE MAKES REPAIRS,
17 SELLS, OR OTHERWISE DEALS IN, USES, OR POSSESSES ANY OFFENSIVE
18 WEAPON.
19 (B) EXCEPTIONS.--
20 (1) IT IS A DEFENSE UNDER THIS SECTION FOR THE DEFENDANT
21 TO PROVE BY A PREPONDERANCE OF EVIDENCE THAT HE POSSESSED OR
22 DEALT WITH THE WEAPON SOLELY AS A CURIO OR IN A DRAMATIC
23 PERFORMANCE, OR THAT, WITH THE EXCEPTION OF A BOMB, GRENADE
24 OR INCENDIARY DEVICE, HE COMPLIED WITH THE NATIONAL FIREARMS
25 ACT (26 U.S.C. § 5801 ET SEQ.), OR THAT HE POSSESSED IT
26 BRIEFLY IN CONSEQUENCE OF HAVING FOUND IT OR TAKEN IT FROM AN
27 AGGRESSOR, OR UNDER CIRCUMSTANCES SIMILARLY NEGATIVING ANY
28 INTENT OR LIKELIHOOD THAT THE WEAPON WOULD BE USED
29 UNLAWFULLY.
30 (2) THIS SECTION DOES NOT APPLY TO POLICE FORENSIC
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1 FIREARMS EXPERTS OR POLICE FORENSIC FIREARMS LABORATORIES.
2 ALSO EXEMPT FROM THIS SECTION ARE FORENSIC FIREARMS EXPERTS
3 OR FORENSIC FIREARMS LABORATORIES OPERATING IN THE ORDINARY
4 COURSE OF BUSINESS AND ENGAGED IN LAWFUL OPERATION WHO NOTIFY
5 IN WRITING, ON AN ANNUAL BASIS, THE CHIEF OR HEAD OF ANY
6 POLICE FORCE OR POLICE DEPARTMENT OF A CITY, AND, ELSEWHERE,
7 THE SHERIFF OF A COUNTY IN WHICH THEY ARE LOCATED, OF THE
8 POSSESSION, TYPE AND USE OF OFFENSIVE WEAPONS.
9 (3) THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
10 MAKES, REPAIRS, SELLS OR OTHERWISE DEALS IN, USES OR
11 POSSESSES ANY FIREARM FOR PURPOSES NOT PROHIBITED BY THE LAWS
12 OF THIS COMMONWEALTH.
13 (C) DEFINITION.--[AS USED IN THIS SECTION "OFFENSIVE WEAPON"
14 MEANS ANY] AS USED IN THIS SECTION, THE FOLLOWING WORDS AND
15 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
16 SUBSECTION:
17 "FIREARM." ANY WEAPON WHICH IS DESIGNED TO OR MAY READILY BE
18 CONVERTED TO EXPEL ANY PROJECTILE BY THE ACTION OF AN EXPLOSIVE;
19 OR THE FRAME OR RECEIVER OF ANY SUCH WEAPON.
20 "OFFENSIVE WEAPONS." ANY BOMB, GRENADE, MACHINE GUN, SAWED-
21 OFF SHOTGUN WITH A BARREL LESS THAN 18 INCHES, FIREARM SPECIALLY
22 MADE OR SPECIALLY ADAPTED FOR CONCEALMENT OR SILENT DISCHARGE,
23 ANY BLACKJACK, SANDBAG, METAL KNUCKLES, DAGGER, KNIFE, RAZOR OR
24 CUTTING INSTRUMENT, THE BLADE OF WHICH IS EXPOSED IN AN
25 AUTOMATIC WAY BY SWITCH, PUSH-BUTTON, SPRING MECHANISM, OR
26 OTHERWISE, OR OTHER IMPLEMENT FOR THE INFLICTION OF SERIOUS
27 BODILY INJURY WHICH SERVES NO COMMON LAWFUL PURPOSE.
28 (D) EXEMPTIONS.--THE USE AND POSSESSION OF BLACKJACKS BY THE
29 FOLLOWING PERSONS IN THE COURSE OF THEIR DUTIES ARE EXEMPT FROM
30 THIS SECTION:
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1 (1) POLICE OFFICERS, AS DEFINED BY AND WHO MEET THE
2 REQUIREMENTS OF THE ACT OF JUNE 18, 1974 (P.L.359, NO.120),
3 REFERRED TO AS THE MUNICIPAL POLICE EDUCATION AND TRAINING
4 LAW.
5 (2) POLICE OFFICERS OF FIRST CLASS CITIES WHO HAVE
6 SUCCESSFULLY COMPLETED TRAINING WHICH IS SUBSTANTIALLY
7 EQUIVALENT TO THE PROGRAM UNDER THE MUNICIPAL POLICE
8 EDUCATION AND TRAINING LAW.
9 (3) PENNSYLVANIA STATE POLICE OFFICERS.
10 (4) SHERIFFS AND DEPUTY SHERIFFS OF THE VARIOUS COUNTIES
11 WHO HAVE SATISFACTORILY MET THE REQUIREMENTS OF THE MUNICIPAL
12 POLICE EDUCATION AND TRAINING LAW.
13 (5) POLICE OFFICERS EMPLOYED BY THE COMMONWEALTH WHO
14 HAVE SATISFACTORILY MET THE REQUIREMENTS OF THE MUNICIPAL
15 POLICE EDUCATION AND TRAINING LAW.
16 (6) DEPUTY SHERIFFS WITH ADEQUATE TRAINING AS DETERMINED
17 BY THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY.
18 (7) LIQUOR CONTROL BOARD AGENTS WHO HAVE SATISFACTORILY
19 MET THE REQUIREMENTS OF THE MUNICIPAL POLICE EDUCATION AND
20 TRAINING LAW.
21 § 6120. LIMITATION ON MUNICIPAL REGULATION OF FIREARMS AND
22 AMMUNITION.
23 (A) GENERAL RULE.--NO COUNTY, MUNICIPALITY OR TOWNSHIP MAY
24 IN ANY MANNER REGULATE THE LAWFUL OWNERSHIP, POSSESSION,
25 TRANSFER OR TRANSPORTATION OF FIREARMS, AMMUNITION OR AMMUNITION
26 COMPONENTS WHEN CARRIED OR TRANSPORTED FOR PURPOSES NOT
27 PROHIBITED BY THE LAWS OF THIS COMMONWEALTH.
28 (B) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
29 "FIREARMS" HAS THE MEANING GIVEN IN SECTION 5515 (RELATING TO
30 PROHIBITING OF PARAMILITARY TRAINING) BUT SHALL NOT INCLUDE "AIR
19930H0185B2150 - 14 -
1 RIFLES" AS DEFINED IN SECTION 6304 (RELATING TO SALE AND USE OF
2 AIR RIFLES).
3 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <--
4 § 7108. AMUSEMENT RIDES.
5 (A) OFFENSE DEFINED.--AN AMUSEMENT RIDE PASSENGER SHALL NOT
6 BEHAVE OR ACT IN ANY MANNER THAT MAY CAUSE INJURY OR CONTRIBUTE
7 TO INJURY TO HIMSELF OR OTHER AMUSEMENT RIDE PASSENGERS,
8 INCLUDING ANY OF THE FOLLOWING:
9 (1) BOARDING OR DISMOUNTING FROM AN AMUSEMENT RIDE
10 EXCEPT AT A DESIGNATED AREA IF ONE IS PROVIDED.
11 (2) THROWING OR EXPELLING ANY OBJECT OR MATTER FROM AN
12 AMUSEMENT RIDE.
13 (3) ENGAGING IN ANY ACT OR ACTIVITY BY HIS FROLICKING OR
14 HORSEPLAY WHICH MAY TEND TO INJURE OTHERS.
15 (4) WHILE USING AMUSEMENT RIDES THAT REQUIRE STEERING OR
16 CONTROL OF HIMSELF OR A CAR DEVICE, FAILING TO MAINTAIN
17 REASONABLE CONTROL OF HIS SPEED AND COURSE AT ALL TIMES.
18 (5) STEERING THE AMUSEMENT RIDE IN SUCH A MANNER AS TO
19 INTENTIONALLY CAUSE SERIOUS BODILY HARM TO ANOTHER PERSON.
20 (6) DISCONNECTING, DISABLING OR ATTEMPTING TO DISCONNECT
21 OR DISABLE ANY SAFETY DEVICE, SEAT BELT, HARNESS OR OTHER
22 RESTRAINING DEVICE BEFORE, DURING OR AFTER MOVEMENT OF THE
23 AMUSEMENT RIDE HAS STARTED EXCEPT AT THE EXPRESS INSTRUCTION
24 OF THE OPERATOR.
25 (7) DISEMBARKING OR ATTEMPTING TO DISEMBARK FROM ANY
26 AMUSEMENT RIDE BEFORE, DURING OR AFTER MOVEMENT OF A RIDE HAS
27 STARTED EXCEPT UPON THE EXPRESS INSTRUCTION OF THE OPERATOR.
28 (8) BOARDING OR ATTEMPTING TO BOARD ANY AMUSEMENT RIDE
29 IF HE IS UNDER THE INFLUENCE OF ALCOHOL OR ANY CONTROLLED
30 SUBSTANCE AS DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233,
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1 NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
2 COSMETIC ACT, WHICH IMPACTS HIS ABILITY TO SAFELY USE THE
3 RIDE AND ABIDE BY THE POSTED AND ORAL INSTRUCTIONS. THE
4 OPERATOR MAY TAKE REASONABLE ACTION TO PREVENT AN AMUSEMENT
5 RIDE PASSENGER WHO IS PERCEPTIBLY OR APPARENTLY UNDER THE
6 INFLUENCE OF DRUGS OR ALCOHOL FROM RIDING ON AN AMUSEMENT
7 RIDE. AN OPERATOR WHO PREVENTS IN A REASONABLE MANNER AN
8 AMUSEMENT RIDE PASSENGER FROM BOARDING A RIDE IN ACCORDANCE
9 WITH THIS PARAGRAPH SHALL NOT BE CRIMINALLY OR CIVILLY LIABLE
10 IN ANY MANNER IF THE OPERATOR HAS A REASONABLE BASIS FOR
11 BELIEVING THAT THE PASSENGER IS UNDER THE INFLUENCE OF DRUGS
12 OR ALCOHOL.
13 (9) ALTERING OR ENHANCING THE INTENDED SPEED, COURSE OR
14 DIRECTION OF AN AMUSEMENT RIDE BY USING ANY UNAUTHORIZED
15 DEVICE, INSTRUMENT OR METHOD.
16 (10) IF THE AMUSEMENT RIDE PASSENGER IS 13 YEARS OF AGE
17 OR OLDER, BOARDING AN AMUSEMENT RIDE UNLESS HE HAS SUFFICIENT
18 KNOWLEDGE AND ABILITY TO USE THE RIDE. IF THE PASSENGER DOES
19 NOT HAVE SUCH KNOWLEDGE OR ABILITY, IT IS HIS RESPONSIBILITY
20 TO ASK FOR AND RECEIVE WRITTEN OR ORAL INSTRUCTIONS PRIOR TO
21 USING THE RIDE OR DEVICE.
22 (11) IF THE AMUSEMENT RIDE PASSENGER IS 13 YEARS OF AGE
23 OR OLDER, EMBARKING ON AN AMUSEMENT RIDE WITHOUT AUTHORITY OR
24 FAILING TO PAY APPROPRIATE CONSIDERATION FOR ITS USE.
25 (12) ATTEMPTING TO GAIN ACCESS TO CONTROLS OF AN
26 AMUSEMENT RIDE DESIGNED SOLELY TO BE OPERATED BY EMPLOYEES OF
27 AMUSEMENT PARKS.
28 (B) PENALTY.--AN AMUSEMENT RIDE PASSENGER WHO VIOLATES
29 SUBSECTION (A) COMMITS A SUMMARY OFFENSE AND SHALL, UPON
30 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN $500.
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1 (C) NOTICE.--THE OWNER OF AN AMUSEMENT RIDE SHALL
2 PROMINENTLY DISPLAY APPROPRIATE WARNINGS AND DIRECTIONS IN A
3 PUBLIC AND CONSPICUOUS PLACE ON OR NEAR THE RIDE. THE WARNINGS
4 SHALL PROMINENTLY DISCLOSE THE PENALTIES IMPOSED IF AN AMUSEMENT
5 RIDE PASSENGER VIOLATES THIS SECTION.
6 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
7 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
8 SUBSECTION:
9 "AMUSEMENT RIDE." ANY DEVICE THAT CARRIES OR CONVEYS
10 PASSENGERS ALONG, AROUND OR OVER A FIXED OR RESTRICTED ROUTE OR
11 WITHIN A DEFINED AREA FOR THE PURPOSE OF GIVING ITS PASSENGERS
12 AMUSEMENT, PLEASURE, THRILLS OR EXCITEMENT.
13 "AMUSEMENT RIDE PASSENGER." ANY PERSON, OTHER THAN AN OWNER
14 OR AN EMPLOYEE OR AGENT OF AN OWNER, WHO IS CONVEYED UPON, IS
15 AWAITING ENTRANCE TO OR IS EXITING AN AMUSEMENT RIDE.
16 "OWNER." A PERSON WHO OWNS AN AMUSEMENT RIDE. THE TERM
17 INCLUDES THE COMMONWEALTH AND ITS POLITICAL SUBDIVISIONS.
18 SECTION 2 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. <--
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