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                                                      PRINTER'S NO. 1786

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1406 Session of 2007


        INTRODUCED BY PALLONE, BARRAR, CALTAGIRONE, CARROLL, CASORIO,
           EVERETT, FABRIZIO, GEIST, GEORGE, GOODMAN, HARHAI, HORNAMAN,
           W. KELLER, KORTZ, KOTIK, MAHONEY, MUNDY, MURT, NAILOR,
           PETRARCA, PETRONE, PYLE, READSHAW, RUBLEY, SABATINA, SANTONI,
           K. SMITH, SOLOBAY, VEREB AND YOUNGBLOOD, JUNE 5, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 5, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of assault
     3     on law enforcement officer.

     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  § 2703.2.  Assault on law enforcement officer.
     9     (a)  Offense defined.--A person who is being held in official
    10  custody of a law enforcement officer, whether or not charged
    11  with or having been convicted of or sentenced for an offense in
    12  this Commonwealth, commits a felony of the second degree if he
    13  intentionally or knowingly causes another to come into contact
    14  with blood, seminal fluid, saliva, urine or feces by throwing,
    15  tossing, spitting or expelling such fluid or material when, at
    16  the time of the offense, the person knew, had reason to know,
    17  should have known or believed such fluid or material to have

     1  been obtained from an individual, including the person charged
     2  under this section, infected by a communicable disease,
     3  including, but not limited to, human immunodeficiency virus
     4  (HIV) or hepatitis B.
     5     (b)  Definition.--For purposes of this section, "law
     6  enforcement officer" shall mean an officer of the Pennsylvania
     7  State Police and a member of a police force employed by a city,
     8  township, incorporated town or borough or a regional police
     9  force in this Commonwealth.
    10     Section 2.  This act shall take effect in 60 days.














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