PRIOR PRINTER'S NOS. 1930, 2311 PRINTER'S NO. 2334
No. 1444 Session of 2000
INTRODUCED BY O'PAKE, TARTAGLIONE, COSTA, STAPLETON, WILLIAMS,
HART, MELLOW, PICCOLA, SCHWARTZ, BOSCOLA, KASUNIC AND MUSTO,
MAY 8, 2000
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 21, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for probable cause
3 arrests in domestic violence cases; defining the offense of
4 bomb threats; providing for probable cause arrests in <--
5 misdemeanor sex offenses; and further providing for FIREARMS <--
6 NOT TO BE CARRIED WITHOUT A LICENSE, FOR sale or transfer of
7 firearms AND for firearms background check advisory committee <--
8 and for the definition of "bottle clubs.". <--
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2711(a) of Title 18 of the Pennsylvania
12 Consolidated Statutes is amended to read:
13 § 2711. Probable cause arrests in domestic violence cases.
14 (a) General rule.--A police officer shall have the same
15 right of arrest without a warrant as in a felony whenever he has
16 probable cause to believe the defendant has violated section
17 2504 (relating to involuntary manslaughter), 2701 (relating to
18 simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
19 assault) [or], 2705 (relating to recklessly endangering another
20 person), 2706 (relating to terroristic threats) or 2709(b)
1 (relating to harassment and stalking) against [his spouse or
2 other person with whom he resides or has formerly resided] a
3 family or household member although the offense did not take
4 place in the presence of the police officer. A police officer
5 may not arrest a person pursuant to this section without first
6 observing recent physical injury to the victim or other
7 corroborative evidence. For the purposes of this subsection, the
8 term "family or household member" has the meaning given that
9 term in 23 Pa.C.S. § 6102 (relating to definitions).
10 * * *
11 Section 2. Title 18 is amended by adding sections A SECTION <--
12 to read:
13 § 2715. Bomb threats.
14 (a) Offense defined.--A person who intentionally:
15 (1) places or sets a bomb;
16 (2) causes the placement or setting of a bomb;
17 (3) reports without factual basis of knowledge the
18 existence or potential existence of a bomb; or
19 (4) threatens by any means the placement or setting of a
20 bomb;
21 commits an offense under this section. A separate offense shall
22 occur for each placement or setting of a bomb or each threat to
23 place or set a bomb.
24 (b) Penalty.--An offense under this section shall be graded
25 as follows:
26 (1) a misdemeanor of the first degree for a first
27 offense; or
28 (2) a felony of the third degree for a second or
29 subsequent offense.
30 (c) Emergency response costs.--In addition to any fines,
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1 fees, costs or restitution provided for by law, the court may
2 order a person convicted under this section to reimburse the
3 State, county or municipal corporation for the costs incurred
4 incident to a bomb threat for emergency response resources
5 reasonably necessary to protect life and property.
6 (d) Definition.--As used in this section, the term "bomb"
7 means an explosive device used for unlawful purposes.
8 § 3108. Probable cause arrests in misdemeanor sexual offenses. <--
9 A police officer shall have the same right of arrest without
10 a warrant as in a felony whenever he has probable cause to
11 believe the defendant has violated section 3126 (relating to
12 indecent assault), 3127 (relating to indecent exposure) or 5901
13 (relating to open lewdness) although the offense did not take
14 place in the presence of the police officer. A police officer
15 may not arrest a person pursuant to this section without first
16 directly speaking with the victim or eyewitnesses to the
17 offense.
18 Section 3. Sections 6111(j) and 6126(d) and (e) of Title 18
19 are amended to read:
20 SECTION 3. SECTION 6106(B) OF TITLE 18 IS AMENDED BY ADDING <--
21 A PARAGRAPH TO READ:
22 § 6106. FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE.
23 * * *
24 (B) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
25 APPLY TO:
26 * * *
27 (13) ANY PERSON WHO IS OTHERWISE ELIGIBLE TO POSSESS A
28 FIREARM UNDER THIS CHAPTER AND WHO IS OPERATING A MOTOR
29 VEHICLE WHICH IS REGISTERED IN THE PERSON'S NAME, OR THE NAME
30 OF A SPOUSE OR PARENT, AND WHICH CONTAINS A FIREARM FOR WHICH
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1 A VALID LICENSE HAS BEEN ISSUED PURSUANT TO SECTION 6109 TO
2 THE SPOUSE OR PARENT OWNING THE FIREARM.
3 * * *
4 SECTION 4. SECTION 6111(J) OF TITLE 18 IS AMENDED TO READ:
5 § 6111. Sale or transfer of firearms.
6 * * *
7 (j) Exemption.--The provisions of subsections (a) and (b)
8 shall not apply to sales [of firearms as defined in section
9 6102] between Federal firearms licensees.
10 § 6126. Firearms Background Check Advisory Committee. <--
11 * * *
12 (d) Chairperson.--The [Governor shall appoint the]
13 chairperson of the advisory committee shall be selected by the
14 vote of the majority of the members of the advisory committee.
15 In the event that no majority exists in favor of one member as
16 chairperson, then the Governor shall appoint the chairperson of
17 the advisory committee.
18 SECTION 5. SECTION 6126 OF TITLE 18 IS REENACTED AND AMENDED <--
19 TO READ:
20 § 6126. FIREARMS BACKGROUND CHECK ADVISORY COMMITTEE.
21 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED THE FIREARMS
22 BACKGROUND CHECK ADVISORY COMMITTEE WHICH SHALL CONSIST OF SIX
23 MEMBERS AS FOLLOWS:
24 (1) THE GOVERNOR OR A DESIGNEE.
25 (2) THE ATTORNEY GENERAL OR A DESIGNEE.
26 (3) THE MAJORITY LEADER OF THE SENATE OR A DESIGNEE.
27 (4) THE MINORITY LEADER OF THE SENATE OR A DESIGNEE.
28 (5) THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES
29 OR A DESIGNEE.
30 (6) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
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1 OR A DESIGNEE.
2 (B) DUTIES.--TO FACILITATE COMPLIANCE WITH THIS CHAPTER AND
3 THE INTENT THEREOF, THE FIREARMS BACKGROUND CHECK ADVISORY
4 COMMITTEE SHALL, AS FOLLOWS:
5 (1) REVIEW THE OPERATIONS AND PROCEDURES OF THE
6 PENNSYLVANIA STATE POLICE RELATING TO THE IMPLEMENTATION AND
7 ADMINISTRATION OF THE CRIMINAL HISTORY, JUVENILE DELINQUENCY
8 AND MENTAL HEALTH RECORDS BACKGROUND CHECKS.
9 (2) ADVISE THE PENNSYLVANIA STATE POLICE RELATING TO THE
10 DEVELOPMENT AND MAINTENANCE OF THE INSTANTANEOUS RECORDS
11 CHECK SYSTEM.
12 (3) PROVIDE ANNUAL REPORTS TO THE GOVERNOR AND THE
13 GENERAL ASSEMBLY ON THE ADVISORY COMMITTEE'S FINDINGS AND
14 RECOMMENDATIONS, INCLUDING DISCUSSIONS CONCERNING CONFORMANCE
15 WITH THE PREAMBLE OF THE ACT OF JUNE 13, 1995 (1ST SP.SESS.,
16 P.L.1024, NO.17), ENTITLED, "AN ACT AMENDING TITLES 18
17 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND JUDICIAL
18 PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER
19 PROVIDING FOR THE POSSESSION OF FIREARMS; ESTABLISHING A
20 SELECTED STATEWIDE JUVENILE OFFENDER REGISTRY; AND MAKING AN
21 APPROPRIATION."
22 (C) TERMS.--MEMBERS OR THEIR DESIGNEES SHALL SERVE A TERM OF
23 OFFICE CONCURRENT WITH THE TERM OF OFFICE FOR WHICH THE MEMBER
24 WAS ELECTED. ANY VACANCY SHALL BE FILLED BY THE APPOINTING
25 AUTHORITY.
26 (D) CHAIRPERSON.--THE GOVERNOR SHALL APPOINT THE CHAIRPERSON
27 OF THE ADVISORY COMMITTEE.
28 (e) Expiration.--This section shall expire [July 1, 2001, or
29 at the end of two years following the implementation of the
30 instant records check, whichever is sooner] November 30, 2002.
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1 Section 4. The definition of "bottle club" in section <--
2 7329(c) of Title 18 is amended to read:
3 § 7329. Prohibition of certain types of entertainment on bottle
4 club premises.
5 * * *
6 (c) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Bottle club." An establishment operated for profit or
10 pecuniary gain, which has a capacity for the assemblage of 20 or
11 more persons and in which alcoholic liquors, alcohol or malt or
12 brewed beverages [are not legally sold but where alcoholic
13 liquors, alcohol or malt or brewed beverages are either provided
14 by the operator or agents or employees of the operator for
15 consumption on the premises or] are brought into [or kept at]
16 the establishment by the patrons or persons assembling there for
17 use and consumption. The term shall not include a licensee under
18 the act of April 12, 1951 (P.L.90, No.21), known as the Liquor
19 Code, or any organization as set forth in section 6 of the act
20 of December 19, 1990 (P.L.1200, No.202), known as the
21 Solicitation of Funds for Charitable Purposes Act.
22 * * *
23 Section 5 6. This act shall take effect as follows: <--
24 (1) The amendment of the definition of "bottle club" in <--
25 18 Pa.C.S. § 7329(c) shall take effect immediately.
26 (1) THE REENACTMENT AND AMENDMENT OF 18 PA.C.S. § 6126 <--
27 SHALL TAKE EFFECT IMMEDIATELY.
28 (2) This section shall take effect immediately.
29 (3) The remainder of this act shall take effect in 60
30 days.
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