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 19950S1313B2134 - 2 -
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 19950S1313B2134 - 3 -
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. 19950S1313B2134 - 4 -
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. J25L18RZ/19950S1313B2134 - 6 -