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                                                       PRINTER'S NO. 214

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 227 Session of 2001


        INTRODUCED BY HERMAN, BELARDI, CLARK, COLAFELLA, DONATUCCI,
           GEIST, HENNESSEY, HERSHEY, HORSEY, JOSEPHS, MICHLOVIC,
           S. MILLER, PHILLIPS, PISTELLA, PRESTON, READSHAW, SHANER,
           SOLOBAY, STABACK, SURRA, E. Z. TAYLOR, J. TAYLOR, TRELLO,
           WANSACZ AND WOJNAROSKI, JANUARY 25, 2001

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2001

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the definition
     3     of "offensive weapons," for use or possession of electric or
     4     electronic incapacitation devices, for penalties, for
     5     aggravated assault and for use of tear or noxious gas in
     6     labor disputes; imposing a penalty; and making an editorial
     7     change.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 908(c) of Title 18 of the Pennsylvania
    11  Consolidated Statutes is amended to read:
    12  § 908.  Prohibited offensive weapons.
    13     * * *
    14     (c)  [Definition] Definitions.--As used in this section, the
    15  following words and phrases shall have the meanings given to
    16  them in this subsection:
    17     "Firearm."  Any weapon which is designed to or may readily be
    18  converted to expel any projectile by the action of an explosive
    19  or the frame or receiver of any such weapon.

     1     "Offensive weapons."  Any bomb, grenade, machine gun, sawed-
     2  off shotgun with a barrel less than 18 inches, firearm specially
     3  made or specially adapted for concealment or silent discharge,
     4  any blackjack, sandbag, metal knuckles, dagger, knife, razor or
     5  cutting instrument, the blade of which is exposed in an
     6  automatic way by switch, push-button, spring mechanism, or
     7  otherwise, any stun gun, stun baton, taser or other electronic
     8  or electronic weapon, or other implement for the infliction of
     9  serious bodily injury which serves no common lawful purpose.
    10     * * *
    11     Section 2.  Title 18 is amended by adding a section to read:
    12  § 908.1.  Use or possession of electric or electronic
    13             incapacitation device.
    14     (a)  Offense defined.--A person commits an offense if he uses
    15  an electric or electronic incapacitation device or weapon on
    16  another person.
    17     (b)  Authorized possession.--A person may possess and use an
    18  electric or electronic incapacitation device in the exercise of
    19  reasonable force in defense of the person or the person's
    20  property if the electric or electronic incapacitation device is
    21  labeled with or accompanied by clearly written instructions as
    22  to its use and the damages involved in its use.
    23     (c)  Prohibited possession.--
    24         (1)  No person under 18 years of age may possess or use
    25     an electric or electronic incapacitation device.
    26         (2)  No person prohibited from possessing a firearm
    27     pursuant to section 6105 (relating to persons not to possess,
    28     use, manufacture, control, sell or transfer firearms) may
    29     possess or use an electric or electronic incapacitation
    30     device.
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     1     (d)  Grading.--An offense under subsection (a) shall
     2  constitute a felony of the second degree if the actor acted with
     3  the intent to commit a felony. Otherwise any offense under this
     4  section is graded as a misdemeanor of the first degree.
     5     (e)  Exceptions.--Nothing in this section shall prohibit the
     6  possession or use by, or the sale or furnishing of any electric
     7  or electronic incapacitation device to, a law enforcement
     8  agency, peace officer, the National Guard or reserves or a
     9  member of the National Guard or reserves for use in their
    10  official duties.
    11     (f)  Definition.--As used in this section, the term "electric
    12  or electronic incapacitation device" means a portable device
    13  which is designed or intended by the manufacturer to be used,
    14  offensively or defensively, to temporarily immobilize or
    15  incapacitate persons by means of electric pulse or current,
    16  including devices operating by means of carbon dioxide
    17  propellant. The term does not include cattle prods, electric
    18  fences or other electric devices when used in agricultural,
    19  animal husbandry or food production activities.
    20     Section 3.  Sections 2702 and 2708 of Title 18 are amended to
    21  read:
    22  § 2702.  Aggravated assault.
    23     (a)  Offense defined.--A person is guilty of aggravated
    24  assault if he:
    25         (1)  attempts to cause serious bodily injury to another,
    26     or causes such injury intentionally, knowingly or recklessly
    27     under circumstances manifesting extreme indifference to the
    28     value of human life;
    29         (2)  attempts to cause or intentionally, knowingly or
    30     recklessly causes serious bodily injury to any of the
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     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)  uses tear or noxious gas as defined in section
    25     2708(b) (relating to use of tear or noxious gas in labor
    26     disputes) or uses an electric or electronic incapacitation
    27     device against any officer, employee or other person
    28     enumerated in subsection (c) while acting in the scope of his
    29     employment.
    30     (b)  Grading.--Aggravated assault under subsection (a)(1) and
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     1  (2) is a felony of the first degree. Aggravated assault under
     2  subsection (a)(3), (4), (5) [and], (6) and (7) is a felony of
     3  the second degree.
     4     (c)  Officers, employees, etc., enumerated.--The officers,
     5  agents, employees and other persons referred to in subsection
     6  (a) shall be as follows:
     7         (1)  Police officer.
     8         (2)  Firefighter.
     9         (3)  County adult probation or parole officer.
    10         (4)  County juvenile probation or parole officer.
    11         (5)  An agent of the Pennsylvania Board of Probation and
    12     Parole.
    13         (6)  Sheriff.
    14         (7)  Deputy sheriff.
    15         (8)  Liquor control enforcement agent.
    16         (9)  Officer or employee of a correctional institution,
    17     county jail or prison, juvenile detention center or any other
    18     facility to which the person has been ordered by the court
    19     pursuant to a petition alleging delinquency under 42 Pa.C.S.
    20     Ch. 63 (relating to juvenile matters).
    21         (10)  Judge of any court in the unified judicial system.
    22         (11)  The Attorney General.
    23         (12)  A deputy attorney general.
    24         (13)  A district attorney.
    25         (14)  An assistant district attorney.
    26         (15)  A public defender.
    27         (16)  An assistant public defender.
    28         (17)  A Federal law enforcement official.
    29         (18)  A State law enforcement official.
    30         (19)  A local law enforcement official.
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     1         (20)  Any person employed to assist or who assists any
     2     Federal, State or local law enforcement official.
     3         (21)  Emergency medical services personnel.
     4         (22)  Parking enforcement officer.
     5         (23)  A district justice.
     6         (24)  A constable.
     7         (25)  A deputy constable.
     8         (26)  A psychiatric aide.
     9         (27)  A teaching staff member, a school board member or
    10     other employee, including a student employee, of any
    11     elementary or secondary publicly funded educational
    12     institution, any elementary or secondary private school
    13     licensed by the Department of Education or any elementary or
    14     secondary parochial school while acting in the scope of his
    15     or her employment or because of his or her employment
    16     relationship to the school.
    17         (28)  Governor.
    18         (29)  Lieutenant Governor.
    19         (30)  Auditor General.
    20         (31)  State Treasurer.
    21         (32)  Member of the General Assembly.
    22     (d)  [Definition.--As used in this section, the term
    23  "emergency] Definitions.--As used in this section, the following
    24  words and phrases shall have the meanings given to them in this
    25  subsection:
    26     "Electric or electronic incapacitation device."  A portable
    27  device which is designed or intended by the manufacturer to be
    28  used to temporarily immobilize or incapacitate persons by means
    29  of electric pulse or current, including devices operated by
    30  means of carbon dioxide propellant.
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     1     "Emergency medical services [personnel"] personnel."  The
     2  term includes, but is not limited to, doctors, residents,
     3  interns, registered nurses, licensed practical nurses, nurse
     4  aides, ambulance attendants and operators, paramedics, emergency
     5  medical technicians and members of a hospital security force
     6  while working within the scope of their employment.
     7  § 2708.  Use of tear or noxious gas in labor disputes.
     8     (a)  Offense defined.--A person other than a duly constituted
     9  officer of the law is guilty of a misdemeanor of the first
    10  degree if he uses or directs the use of tear or noxious gas
    11  against any person involved in a labor dispute.
    12     (b)  Definition.--As used in this section, the term "tear or
    13  noxious gas" means any liquid or gaseous substance that, when
    14  dispersed in the atmosphere, blinds the eyes with tears or
    15  irritates or injures other organs and tissues of the human body
    16  or causes nausea, including, but not limited to, red pepper
    17  spray.
    18     Section 4.  This act shall take effect in 60 days.








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