PRINTER'S NO. 146
No. 141 Session of 2001
INTRODUCED BY BOSCOLA, MELLOW, BELL, COSTA, SCHWARTZ, MUSTO,
RHOADES AND LOGAN, JANUARY 29, 2001
REFERRED TO JUDICIARY, JANUARY 29, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of disarming a
3 law enforcement officer; and providing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5104.1. Disarming law enforcement officer.
9 (a) Offense defined.--A person commits the offense of
10 disarming a law enforcement officer if he:
11 (1) removes or attempts to remove a firearm, rifle,
12 shotgun or weapon from the person of a law enforcement
13 officer or corrections officer, or deprives a law enforcement
14 officer or corrections officer of the use of a firearm,
15 rifle, shotgun or weapon, when the officer is acting within
16 the scope of the officer's duties; and
17 (2) has reasonable cause to know or knows that the
18 individual is a law enforcement officer or corrections
1 officer.
2 (b) Grading.--
3 (1) Except as provided in paragraph (2), a violation of
4 this section constitutes a felony of the third degree.
5 (2) If the firearm, rifle, shotgun or weapon is
6 discharged during the violation of this section, the offense
7 is a felony of the second degree.
8 Section 2. This act shall take effect in 60 days.
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