PRINTER'S NO. 214
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. 20010H0227B0214 - 2 -
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 20010H0227B0214 - 3 -
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 20010H0227B0214 - 4 -
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. 20010H0227B0214 - 5 -
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. 20010H0227B0214 - 6 -
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. L14L18DMS/20010H0227B0214 - 7 -