PRINTER'S NO. 3983
No. 2950 Session of 1994
INTRODUCED BY HERMAN, TRELLO, CLARK, CESSAR, SAYLOR, FICHTER,
GEIST, SATHER, EGOLF, SERAFINI, J. TAYLOR AND MERRY,
JUNE 20, 1994
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 20, 1994
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for aggravated assault; and
4 providing for sentences for offenses committed with firearms.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2702 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 2702. Aggravated assault.
10 (a) Offense defined.--A person is guilty of aggravated
11 assault if he:
12 (1) attempts to cause serious bodily injury to another,
13 or causes such injury intentionally, knowingly or recklessly
14 under circumstances manifesting extreme indifference to the
15 value of human life;
16 (2) attempts to cause or intentionally, knowingly or
17 recklessly causes serious bodily injury to a police officer,
18 firefighter, county adult probation or parole officer, county
1 juvenile probation or parole officer or an agent of the
2 Pennsylvania Board of Probation and Parole in the performance
3 of duty or to an employee of an agency, company or other
4 entity engaged in public transportation, while in the
5 performance of duty;
6 (3) attempts to cause or intentionally or knowingly
7 causes bodily injury to a police officer, firefighter or
8 county adult probation or parole officer, county juvenile
9 probation or parole officer or an agent of the Pennsylvania
10 Board of Probation and Parole in the performance of duty;
11 (4) attempts to cause or intentionally or knowingly
12 causes bodily injury to another with a deadly weapon; [or]
13 (5) attempts to cause or intentionally or knowingly
14 causes bodily injury to a teaching staff member, school board
15 member, other employee or student of any elementary or
16 secondary publicly-funded educational institution, any
17 elementary or secondary private school licensed by the
18 Department of Education or any elementary or secondary
19 parochial school while acting in the scope of his or her
20 employment or because of his or her employment relationship
21 to the school[.]; or
22 (6) uses tear or noxious gas, as defined in section
23 2708(b) (relating to use of tear or noxious gas in labor
24 disputes), in an offensive manner against any of the
25 following:
26 (i) police officer;
27 (ii) firefighter;
28 (iii) medical personnel;
29 (iv) prison guard;
30 (v) sheriff;
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1 (vi) deputy sheriff;
2 (vii) correction officer;
3 (viii) fire police;
4 (ix) auxiliary police;
5 (x) county adult probation or parole officer;
6 (xi) county juvenile probation or parole officer;
7 (xii) an agent of the Pennsylvania Board of
8 Probation and Parole in the performance of duty;
9 (xiii) a teaching staff member, school board member,
10 other employee or student of any elementary or secondary
11 publicly funded educational institution, any elementary
12 or secondary private school licensed by the Department of
13 Education or any elementary or secondary parochial school
14 while acting in the scope of his employment or because of
15 his employment relationship to the school;
16 (xiv) constable; or
17 (xv) private detective.
18 (b) Grading.--Aggravated assault under subsection (a)(1) and
19 (2) is a felony of the first degree. Aggravated assault under
20 subsection (a)(3), (4) [and], (5) and (6) is a felony of the
21 second degree.
22 Section 2. The heading of section 9712 of Title 42 is
23 amended and the section is amended by adding a subsection to
24 read:
25 § 9712. Sentences for offenses committed with firearms and tear
26 or noxious gas.
27 * * *
28 (a.1) Mandatory sentence for use of tear or noxious gas.--
29 Any person who is convicted in any court of this Commonwealth of
30 murder of the third degree, voluntary manslaughter, rape,
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1 involuntary deviate sexual intercourse, robbery, simple assault,
2 aggravated assault, as defined in 18 Pa.C.S. § 2702(a)(6)
3 (relating to aggravated assault), or kidnapping, or who is
4 convicted of attempt to commit any of these crimes, shall, if
5 the person visibly possessed or used tear or noxious gas, as
6 defined in 18 Pa.C.S. § 2708(b) (relating to use of tear or
7 noxious gas in labor disputes), during the commission of the
8 offense, be sentenced to a minimum sentence of at least two
9 years of total confinement notwithstanding any other provision
10 of this title or other statute to the contrary.
11 * * *
12 Section 3. This act shall take effect in 60 days.
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