PRINTER'S NO. 766

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 729 Session of 1995


        INTRODUCED BY GREENLEAF, BRIGHTBILL, HECKLER, O'PAKE, WAGNER,
           BAKER, BELL, GERLACH, HART, RHOADES, STAPLETON AND TOMLINSON,
           MARCH 10, 1995

        REFERRED TO JUDICIARY, MARCH 10, 1995

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     possessing instruments of crime.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 907 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 907.  Possessing instruments of crime.
     9     (a)  Criminal instruments generally.--A person commits a
    10  misdemeanor of the first degree if he possesses any instrument
    11  of crime with intent to employ it criminally.
    12     (b)  Possession of weapon.--A person commits a misdemeanor of
    13  the first degree if he possesses a firearm or other weapon
    14  concealed upon his person with intent to employ it criminally.
    15     (c)  Definitions.--As used in this section the following
    16  words and phrases shall have the meanings given to them in this
    17  subsection:
    18     "Instrument of crime."

     1         (1)  Anything specially made or specially adapted for
     2     criminal use; or
     3         (2)  anything [commonly] used for criminal purposes and
     4     possessed by the actor under circumstances not manifestly
     5     appropriate for lawful uses it may have.
     6     "Weapon."  Anything readily capable of lethal use and
     7  possessed under circumstances not manifestly appropriate for
     8  lawful uses which it may have. The term includes a firearm which
     9  is not loaded or lacks a clip or other component to render it
    10  immediately operable, and components which can readily be
    11  assembled into a weapon.
    12     Section 2.  This act shall take effect in 60 days.












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