PRINTER'S NO. 1670
No. 1293 Session of 2000
INTRODUCED BY BOSCOLA, BELAN, COSTA, MUSTO AND TARTAGLIONE,
FEBRUARY 9, 2000
REFERRED TO JUDICIARY, FEBRUARY 9, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for aggravated
3 assault; and providing for the offense of terroristic threats
4 against children and youth services agency employees.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2702(a) of Title 18 of the Pennsylvania
8 Consolidated Statutes, amended December 21, 1998 (P.L.
9 No.159), is amended to read:
10 § 2702. Aggravated assault.
11 (a) Offense defined.--A person is guilty of aggravated
12 assault if he:
13 (1) attempts to cause serious bodily injury to another,
14 or causes such injury intentionally, knowingly or recklessly
15 under circumstances manifesting extreme indifference to the
16 value of human life;
17 (2) attempts to cause or intentionally, knowingly or
18 recklessly causes serious bodily injury to any of the
1 officers, agents, employees or other persons enumerated in
2 subsection (c) or to an employee of an agency, company or
3 other entity engaged in public transportation, while in the
4 performance of duty;
5 (3) attempts to cause or intentionally or knowingly
6 causes bodily injury to any of the officers, agents,
7 employees or other persons enumerated in subsection (c), in
8 the performance of duty;
9 (4) attempts to cause or intentionally or knowingly
10 causes bodily injury to another with a deadly weapon;
11 (5) attempts to cause or intentionally or knowingly
12 causes bodily injury to a teaching staff member, school board
13 member or other employee, including a student employee, of
14 any elementary or secondary publicly-funded educational
15 institution, any elementary or secondary private school
16 licensed by the Department of Education or any elementary or
17 secondary parochial school while acting in the scope of his
18 or her employment or because of his or her employment
19 relationship to the school; [or]
20 (6) attempts by physical menace to put any of the
21 officers, agents, employees or other persons enumerated in
22 subsection (c), while in the performance of duty, in fear of
23 imminent serious bodily injury[.]; or
24 (7) attempts to cause or intentionally or knowingly
25 causes bodily injury to a county children or youth services
26 caseworker while the worker is acting in the scope of
27 employment.
28 * * *
29 Section 2. Title 18 is amended by adding a section to read:
30 § 2706.1. Terroristic threats against children and youth
20000S1293B1670 - 2 -
1 service agency employees.
2 (a) Offense defined.--A person is guilty of a felony of the
3 third degree if he threatens to commit any crime of violence
4 with intent to terrorize an employee of a children and youth
5 services agency or to cause evacuation of a building occupied by
6 a children and youth services agency or otherwise to cause
7 serious public inconvenience for an employee of a children and
8 youth services agency, or in a reckless disregard of the risk of
9 causing such terror or inconvenience.
10 (b) Restitution.--The person convicted of violating this
11 section shall, in addition to any other sentence imposed, be
12 sentenced to pay the children and youth services agency
13 restitution in an amount equal to the cost of the evacuation,
14 including, but not limited to, the transportation of persons and
15 employees from the building.
16 (c) Preservation of private remedies.--No judgment or order
17 of restitution shall debar the children and youth services
18 agency, by appropriate action, to recover from the offender as
19 otherwise provided by law, provided that any civil award shall
20 be reduced by the amount paid under the criminal judgment.
21 Section 3. This act shall take effect in 60 days.
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