PRIOR PRINTER'S NO. 214 PRINTER'S NO. 1074
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. L14L18DMS/20010H0227B1074 - 7 -