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        PRIOR PRINTER'S NO. 214                       PRINTER'S NO. 1074

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, WOJNAROSKI AND SAYLOR, JANUARY 25, 2001

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 13, 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


     1  or the frame or receiver of any such weapon.
     2     "Offensive weapons."  Any bomb, grenade, machine gun, sawed-
     3  off shotgun with a barrel less than 18 inches, firearm specially
     4  made or specially adapted for concealment or silent discharge,
     5  any blackjack, sandbag, metal knuckles, dagger, knife, razor or
     6  cutting instrument, the blade of which is exposed in an
     7  automatic way by switch, push-button, spring mechanism, or
     8  otherwise, any stun gun, stun baton, taser or other electronic
     9  or electronic ELECTRIC weapon, or other implement for the         <--
    10  infliction of serious bodily injury which serves no common
    11  lawful purpose.
    12     * * *
    13     Section 2.  Title 18 is amended by adding a section to read:
    14  § 908.1.  Use or possession of electric or electronic
    15             incapacitation device.
    16     (a)  Offense defined.--A person commits an offense if he uses  <--
    17     (A)  OFFENSE DEFINED.--EXCEPT AS SET FORTH IN SUBSECTION (B),  <--
    18  A PERSON COMMITS AN OFFENSE IF THE PERSON DOES ANY OF THE
    19  FOLLOWING:
    20         (1)  USES an electric or electronic incapacitation device
    21     or weapon on another person.
    22         (2)  POSSESSES, WITH INTENT TO VIOLATE PARAGRAPH (1), AN   <--
    23     ELECTRIC OR ELECTRONIC INCAPACITATION DEVICE.
    24     (b)  Authorized possession SELF DEFENSE.--A person may         <--
    25  possess and use an electric or electronic incapacitation device
    26  in the exercise of reasonable force in defense of the person or
    27  the person's property if the electric or electronic
    28  incapacitation device is labeled with or accompanied by clearly
    29  written instructions as to its use and the damages involved in
    30  its use.
    20010H0227B1074                  - 2 -

     1     (c)  Prohibited possession.--                                  <--
     2         (1)  No person under 18 years of age may possess or use
     3     an electric or electronic incapacitation device.
     4         (2)  No person prohibited from possessing a firearm
     5     (C)  PROHIBITED POSSESSION.--NO PERSON PROHIBITED FROM         <--
     6  POSSESSING A FIREARM pursuant to section 6105 (relating to
     7  persons not to possess, use, manufacture, control, sell or
     8  transfer firearms) may possess or use an electric or electronic
     9  incapacitation device.
    10     (d)  Grading.--An offense under subsection (a) shall
    11  constitute a felony of the second degree if the actor acted with
    12  the intent to commit a felony. Otherwise any offense under this
    13  section is graded as a misdemeanor of the first degree.
    14     (e)  Exceptions.--Nothing in this section shall prohibit the
    15  possession or use by, or the sale or furnishing of any electric
    16  or electronic incapacitation device to, a law enforcement
    17  agency, peace officer, EMPLOYEE OF A CORRECTIONAL INSTITUTION,    <--
    18  COUNTY JAIL OR PRISON, OR DETENTION CENTER, the National Guard
    19  or reserves or a member of the National Guard or reserves for
    20  use in their official duties.
    21     (f)  Definition.--As used in this section, the term "electric
    22  or electronic incapacitation device" means a portable device
    23  which is designed or intended by the manufacturer to be used,
    24  offensively or defensively, to temporarily immobilize or
    25  incapacitate persons by means of electric pulse or current,
    26  including devices operating by means of carbon dioxide
    27  propellant. The term does not include cattle prods, electric
    28  fences or other electric devices when used in agricultural,
    29  animal husbandry or food production activities.
    30     Section 3.  Sections 2702 and 2708 of Title 18 are amended to
    20010H0227B1074                  - 3 -

     1  read:
     2  § 2702.  Aggravated assault.
     3     (a)  Offense defined.--A person is guilty of aggravated
     4  assault if he:
     5         (1)  attempts to cause serious bodily injury to another,
     6     or causes such injury intentionally, knowingly or recklessly
     7     under circumstances manifesting extreme indifference to the
     8     value of human life;
     9         (2)  attempts to cause or intentionally, knowingly or
    10     recklessly causes serious bodily injury to any of the
    11     officers, agents, employees or other persons enumerated in
    12     subsection (c) or to an employee of an agency, company or
    13     other entity engaged in public transportation, while in the
    14     performance of duty;
    15         (3)  attempts to cause or intentionally or knowingly
    16     causes bodily injury to any of the officers, agents,
    17     employees or other persons enumerated in subsection (c), in
    18     the performance of duty;
    19         (4)  attempts to cause or intentionally or knowingly
    20     causes bodily injury to another with a deadly weapon;
    21         (5)  attempts to cause or intentionally or knowingly
    22     causes bodily injury to a teaching staff member, school board
    23     member or other employee, including a student employee, of
    24     any elementary or secondary publicly-funded educational
    25     institution, any elementary or secondary private school
    26     licensed by the Department of Education or any elementary or
    27     secondary parochial school while acting in the scope of his
    28     or her employment or because of his or her employment
    29     relationship to the school; [or]
    30         (6)  attempts by physical menace to put any of the
    20010H0227B1074                  - 4 -

     1     officers, agents, employees or other persons enumerated in
     2     subsection (c), while in the performance of duty, in fear of
     3     imminent serious bodily injury[.]; or
     4         (7)  uses tear or noxious gas as defined in section
     5     2708(b) (relating to use of tear or noxious gas in labor
     6     disputes) or uses an electric or electronic incapacitation
     7     device against any officer, employee or other person
     8     enumerated in subsection (c) while acting in the scope of his
     9     employment.
    10     (b)  Grading.--Aggravated assault under subsection (a)(1) and
    11  (2) is a felony of the first degree. Aggravated assault under
    12  subsection (a)(3), (4), (5) [and], (6) and (7) is a felony of
    13  the second degree.
    14     (c)  Officers, employees, etc., enumerated.--The officers,
    15  agents, employees and other persons referred to in subsection
    16  (a) shall be as follows:
    17         (1)  Police officer.
    18         (2)  Firefighter.
    19         (3)  County adult probation or parole officer.
    20         (4)  County juvenile probation or parole officer.
    21         (5)  An agent of the Pennsylvania Board of Probation and
    22     Parole.
    23         (6)  Sheriff.
    24         (7)  Deputy sheriff.
    25         (8)  Liquor control enforcement agent.
    26         (9)  Officer or employee of a correctional institution,
    27     county jail or prison, juvenile detention center or any other
    28     facility to which the person has been ordered by the court
    29     pursuant to a petition alleging delinquency under 42 Pa.C.S.
    30     Ch. 63 (relating to juvenile matters).
    20010H0227B1074                  - 5 -

     1         (10)  Judge of any court in the unified judicial system.
     2         (11)  The Attorney General.
     3         (12)  A deputy attorney general.
     4         (13)  A district attorney.
     5         (14)  An assistant district attorney.
     6         (15)  A public defender.
     7         (16)  An assistant public defender.
     8         (17)  A Federal law enforcement official.
     9         (18)  A State law enforcement official.
    10         (19)  A local law enforcement official.
    11         (20)  Any person employed to assist or who assists any
    12     Federal, State or local law enforcement official.
    13         (21)  Emergency medical services personnel.
    14         (22)  Parking enforcement officer.
    15         (23)  A district justice.
    16         (24)  A constable.
    17         (25)  A deputy constable.
    18         (26)  A psychiatric aide.
    19         (27)  A teaching staff member, a school board member or
    20     other employee, including a student employee, of any
    21     elementary or secondary publicly funded educational
    22     institution, any elementary or secondary private school
    23     licensed by the Department of Education or any elementary or
    24     secondary parochial school while acting in the scope of his
    25     or her employment or because of his or her employment
    26     relationship to the school.
    27         (28)  Governor.
    28         (29)  Lieutenant Governor.
    29         (30)  Auditor General.
    30         (31)  State Treasurer.
    20010H0227B1074                  - 6 -

     1         (32)  Member of the General Assembly.
     2     (d)  [Definition.--As used in this section, the term
     3  "emergency] Definitions.--As used in this section, the following
     4  words and phrases shall have the meanings given to them in this
     5  subsection:
     6     "Electric or electronic incapacitation device."  A portable
     7  device which is designed or intended by the manufacturer to be
     8  used to temporarily immobilize or incapacitate persons by means
     9  of electric pulse or current, including devices operated by
    10  means of carbon dioxide propellant.
    11     "Emergency medical services [personnel"] personnel."  The
    12  term includes, but is not limited to, doctors, residents,
    13  interns, registered nurses, licensed practical nurses, nurse
    14  aides, ambulance attendants and operators, paramedics, emergency
    15  medical technicians and members of a hospital security force
    16  while working within the scope of their employment.
    17  § 2708.  Use of tear or noxious gas in labor disputes.
    18     (a)  Offense defined.--A person other than a duly constituted
    19  officer of the law is guilty of a misdemeanor of the first
    20  degree if he uses or directs the use of tear or noxious gas
    21  against any person involved in a labor dispute.
    22     (b)  Definition.--As used in this section, the term "tear or
    23  noxious gas" means any liquid or gaseous substance that, when
    24  dispersed in the atmosphere, blinds the eyes with tears or
    25  irritates or injures other organs and tissues of the human body
    26  or causes nausea, including, but not limited to, red pepper
    27  spray.
    28     Section 4.  This act shall take effect in 60 days.


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