HOUSE AMENDED
PRIOR PRINTER'S NOS. 1596, 1613, 1638 PRINTER'S NO. 2134
No. 1313 Session of 1995
INTRODUCED BY TOMLINSON, MUSTO, SALVATORE, HELFRICK, O'PAKE,
PORTERFIELD, GERLACH, STAPLETON, BELL, RHOADES, BRIGHTBILL,
KASUNIC, WENGER, HECKLER, MADIGAN, WILLIAMS, ULIANA AND
JUBELIRER, NOVEMBER 21, 1995
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 18, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for aggravated
3 assault on emergency medical health care workers.
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, AMENDED FEBRUARY 23, 1996 (P.L.17, NO.7), <--
8 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
1 recklessly causes serious bodily injury to a judge, district
2 justice, sheriff, deputy sheriff, constable, deputy
3 constable, psychiatric aide, police officer, firefighter,
4 county adult probation or parole officer, county juvenile
5 probation or parole officer or an agent of the Pennsylvania
6 Board of Probation and Parole in the performance of duty or
7 to an employee of an agency, company or other entity engaged
8 in public transportation, while in the performance of duty or
9 to an employee of a county jail, prison, correctional
10 institution, juvenile detention center or any facility to
11 which the person has been ordered by the court pursuant to a
12 petition alleging delinquency under 42 Pa.C.S. Ch. 63
13 (relating to juvenile matters);
14 (3) attempts to cause or intentionally or knowingly
15 causes bodily injury to a judge, district justice, sheriff,
16 deputy sheriff, constable, deputy constable, psychiatric
17 aide, police officer, firefighter or county adult probation
18 or parole officer, county juvenile probation or parole
19 officer or an agent of the Pennsylvania Board of Probation
20 and Parole in the performance of duty or to an employee of a
21 county jail, prison, correctional institution, juvenile
22 detention center or any facility to which the person has been
23 ordered by the court pursuant to a petition alleging
24 delinquency under 42 Pa.C.S. Ch. 63;
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
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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
6 (6) attempts to cause or intentionally or knowingly
7 causes bodily injury to any professional or nonprofessional
8 emergency medical health care worker acting in the scope of
9 employment. For purposes of this paragraph, the phrase
10 "emergency medical health care worker" includes, but is not
11 limited to, doctors, residents, interns, registered nurses,
12 licensed practical nurses, nurse aides, ambulance attendants
13 and operators, paramedics, emergency medical technicians and
14 members of a hospital security force.
15 (b) Grading.--Aggravated assault under subsection (a)(1) and
16 (2) is a felony of the first degree. Aggravated assault under
17 subsection (a)(3), (4) [and], (5) and (6) is a felony of the
18 second degree.
19 § 2702. AGGRAVATED ASSAULT. <--
20 (A) OFFENSE DEFINED.--A PERSON IS GUILTY OF AGGRAVATED
21 ASSAULT IF HE:
22 (1) ATTEMPTS TO CAUSE SERIOUS BODILY INJURY TO ANOTHER,
23 OR CAUSES SUCH INJURY INTENTIONALLY, KNOWINGLY OR RECKLESSLY
24 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE
25 VALUE OF HUMAN LIFE;
26 (2) ATTEMPTS TO CAUSE OR INTENTIONALLY, KNOWINGLY OR
27 RECKLESSLY CAUSES SERIOUS BODILY INJURY TO ANY OF THE
28 OFFICERS, AGENTS, EMPLOYEES OR OTHER PERSONS ENUMERATED IN
29 SUBSECTION (C) OR TO AN EMPLOYEE OF AN AGENCY, COMPANY OR
30 OTHER ENTITY ENGAGED IN PUBLIC TRANSPORTATION, WHILE IN THE
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1 PERFORMANCE OF DUTY;
2 (3) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
3 CAUSES BODILY INJURY TO ANY OF THE OFFICERS, AGENTS,
4 EMPLOYEES OR OTHER PERSONS ENUMERATED IN SUBSECTION (C), IN
5 THE PERFORMANCE OF DUTY;
6 (4) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
7 CAUSES BODILY INJURY TO ANOTHER WITH A DEADLY WEAPON;
8 (5) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY
9 CAUSES BODILY INJURY TO A TEACHING STAFF MEMBER, SCHOOL BOARD
10 MEMBER, OTHER EMPLOYEE OR STUDENT OF ANY ELEMENTARY OR
11 SECONDARY PUBLICLY-FUNDED EDUCATIONAL INSTITUTION, ANY
12 ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE
13 DEPARTMENT OF EDUCATION OR ANY ELEMENTARY OR SECONDARY
14 PAROCHIAL SCHOOL WHILE ACTING IN THE SCOPE OF HIS OR HER
15 EMPLOYMENT OR BECAUSE OF HIS OR HER EMPLOYMENT RELATIONSHIP
16 TO THE SCHOOL; OR
17 (6) ATTEMPTS BY PHYSICAL MENACE TO PUT ANY OF THE
18 OFFICERS, AGENTS, EMPLOYEES OR OTHER PERSONS ENUMERATED IN
19 SUBSECTION (C), WHILE IN THE PERFORMANCE OF DUTY, IN FEAR OF
20 IMMINENT SERIOUS BODILY INJURY.
21 (B) GRADING.--AGGRAVATED ASSAULT UNDER SUBSECTION (A)(1) AND
22 (2) IS A FELONY OF THE FIRST DEGREE. AGGRAVATED ASSAULT UNDER
23 SUBSECTION (A)(3), (4), (5) AND (6) IS A FELONY OF THE SECOND
24 DEGREE.
25 (C) OFFICERS, EMPLOYEES, ETC., ENUMERATED.--THE OFFICERS,
26 AGENTS, EMPLOYEES AND OTHER PERSONS REFERRED TO IN SUBSECTION
27 (A) SHALL BE AS FOLLOWS:
28 (1) POLICE OFFICER.
29 (2) FIREFIGHTER.
30 (3) COUNTY ADULT PROBATION OR PAROLE OFFICER.
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1 (4) COUNTY JUVENILE PROBATION OR PAROLE OFFICER.
2 (5) AN AGENT OF THE PENNSYLVANIA BOARD OF PROBATION AND
3 PAROLE.
4 (6) SHERIFF.
5 (7) DEPUTY SHERIFF.
6 (8) LIQUOR CONTROL ENFORCEMENT AGENT.
7 (9) OFFICER OR EMPLOYEE OF A CORRECTIONAL INSTITUTION,
8 COUNTY JAIL OR PRISON, JUVENILE DETENTION CENTER OR ANY OTHER
9 FACILITY TO WHICH THE PERSON HAS BEEN ORDERED BY THE COURT
10 PURSUANT TO A PETITION ALLEGING DELINQUENCY UNDER 42 PA.C.S.
11 CH. 63 (RELATING TO JUVENILE MATTERS).
12 (10) JUDGE OF ANY COURT IN THE UNIFIED JUDICIAL SYSTEM.
13 (11) THE ATTORNEY GENERAL.
14 (12) A DEPUTY ATTORNEY GENERAL.
15 (13) A DISTRICT ATTORNEY.
16 (14) AN ASSISTANT DISTRICT ATTORNEY.
17 (15) A PUBLIC DEFENDER.
18 (16) AN ASSISTANT PUBLIC DEFENDER.
19 (17) A FEDERAL LAW ENFORCEMENT OFFICIAL.
20 (18) A STATE LAW ENFORCEMENT OFFICIAL.
21 (19) A LOCAL LAW ENFORCEMENT OFFICIAL.
22 (20) ANY PERSON EMPLOYED TO ASSIST OR WHO ASSISTS ANY
23 FEDERAL, STATE OR LOCAL LAW ENFORCEMENT OFFICIAL.
24 (21) EMERGENCY MEDICAL SERVICES PERSONNEL.
25 (22) PARKING ENFORCEMENT OFFICER.
26 (23) A DISTRICT JUSTICE.
27 (24) A CONSTABLE.
28 (25) A DEPUTY CONSTABLE.
29 (26) A PSYCHIATRIC AIDE.
30 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM
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1 "EMERGENCY MEDICAL SERVICES PERSONNEL" INCLUDES, BUT IS NOT
2 LIMITED TO, DOCTORS, RESIDENTS, INTERNS, REGISTERED NURSES,
3 LICENSED PRACTICAL NURSES, NURSE AIDES, AMBULANCE ATTENDANTS AND
4 OPERATORS, PARAMEDICS, EMERGENCY MEDICAL TECHNICIANS AND MEMBERS
5 OF A HOSPITAL SECURITY FORCE WHILE WORKING WITHIN THE SCOPE OF
6 THEIR EMPLOYMENT.
7 Section 2. This act shall take effect in 60 days.
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