PRIOR PRINTER'S NOS. 1430, 1804 PRINTER'S NO. 2435
No. 1272 Session of 1997
INTRODUCED BY OLIVER, GODSHALL, CALTAGIRONE, REBER, DONATUCCI,
McCALL, BISHOP, RIEGER, L. I. COHEN, YOUNGBLOOD, CURRY,
PETRONE, STABACK, TRELLO, ITKIN, JOSEPHS, LEDERER, MELIO,
M. COHEN, GIGLIOTTI, WASHINGTON, ROEBUCK, SHANER, BUNT,
RAYMOND, TRICH, PRESTON, A. H. WILLIAMS AND SAINATO,
APRIL 9, 1997
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 20, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the possession
3 of weapons on school property.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 912 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 912. Possession of weapon on school property.
9 (a) Definition.--Notwithstanding the definition of "weapon"
10 in section 907 (relating to possessing instruments of crime),
11 "weapon" for purposes of this section shall include but not be
12 limited to any knife, cutting instrument, cutting tool, nun-
13 chuck stick, firearm, shotgun, rifle and any other tool,
14 instrument or implement capable of inflicting serious bodily
15 injury.
16 (b) Offense defined.--A person commits a misdemeanor of the
1 first degree if he possesses a weapon in the buildings of, on
2 the grounds of, or in any conveyance providing transportation to
3 or from any elementary or secondary publicly-funded educational
4 institution, any elementary or secondary private school licensed
5 by the Department of Education or any elementary or secondary
6 parochial school.
7 (b.1) Firearms.--
8 (1) Except as provided in paragraph (2), a person who
9 commits an offense under subsection (b) while in the
10 possession of a firearm as defined in section 6102 (relating
11 to definitions), commits a felony of the third degree.
12 (2) A person who commits an offense under subsection (b)
13 while in the possession of a firearm as defined in section
14 6102 and who is otherwise eligible to possess a valid license
15 as defined in section 6102 6106 (relating to firearms not to <--
16 be carried without a license), commits a misdemeanor of the
17 first degree.
18 (c) Defense.--It shall be a defense that the weapon is
19 possessed and used in conjunction with a lawful supervised
20 school activity or course or is possessed for other lawful
21 purpose.
22 Section 2. This act shall take effect immediately.
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