PRINTER'S NO. 2865
No. 2060 Session of 2007
INTRODUCED BY D. O'BRIEN, VEREB, BAKER, BELFANTI, BENNINGHOFF,
BIANCUCCI, BLACKWELL, BRENNAN, CALTAGIRONE, CAPPELLI,
CARROLL, CASORIO, CAUSER, CLYMER, DALLY, DePASQUALE,
D. EVANS, EVERETT, GEIST, GODSHALL, GRUCELA, HARHAI, HARKINS,
HARRIS, HENNESSEY, HERSHEY, HESS, JOSEPHS, KAUFFMAN, KILLION,
KOTIK, KULA, MACKERETH, MAHONEY, MARSHALL, McILHATTAN,
MICOZZIE, MILNE, MOUL, MOYER, MURT, MUSTIO, NAILOR, O'NEILL,
PAYNE, PHILLIPS, QUIGLEY, RAPP, READSHAW, REICHLEY, RUBLEY,
SABATINA, SAYLOR, SIPTROTH, STERN, SURRA, SWANGER, J. TAYLOR,
VULAKOVICH, WATSON, WOJNAROSKI AND YOUNGBLOOD,
NOVEMBER 19, 2007
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 19, 2007
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for sentence for murder and
4 murder of unborn child; providing for the offense of criminal
5 homicide of law enforcement officer and for the offense of
6 assault of law enforcement officer; imposing penalties; and
7 prescribing sentences for offenses committed against law
8 enforcement officer.
9 It is the intent of the General Assembly that this act
10 protect the men and women who protect our citizens and preserve
11 the peace, as well as honor those who have paid the ultimate
12 sacrifice for their dedication and devotion to duty, by creating
13 specific offenses and strict penalties for those who commit
14 violence against law enforcement officers in the performance of
15 duty.
16 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 1102(a), (b) and (c) of Title 18 of the
3 Pennsylvania Consolidated Statutes are amended to read:
4 § 1102. Sentence for murder [and], murder of [an] unborn child
5 and murder of law enforcement officer.
6 (a) First degree.--
7 (1) A person who has been convicted of a murder of the
8 first degree or of murder of a law enforcement officer of the
9 first degree shall be sentenced to death or to a term of life
10 imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
11 to sentencing procedure for murder of the first degree).
12 (2) The sentence for a person who has been convicted of
13 first degree murder of an unborn child shall be the same as
14 the sentence for murder of the first degree, except that the
15 death penalty shall not be imposed. This paragraph shall not
16 affect the determination of an aggravating circumstance under
17 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman.
18 (b) Second degree.--A person who has been convicted of
19 murder of the second degree [or], of second degree murder of an
20 unborn child or of second degree murder of a law enforcement
21 officer shall be sentenced to a term of life imprisonment.
22 (c) Attempt, solicitation and conspiracy to commit murder or
23 murder of an unborn child.--Notwithstanding section 1103(1)
24 (relating to sentence of imprisonment for felony), a person who
25 has been convicted of attempt, solicitation or conspiracy to
26 commit murder [or], murder of an unborn child or murder of a law
27 enforcement officer where serious bodily injury results may be
28 sentenced to a term of imprisonment which shall be fixed by the
29 court at not more than 40 years. Where serious bodily injury
30 does not result, the person may be sentenced to a term of
20070H2060B2865 - 2 -
1 imprisonment which shall be fixed by the court at not more than
2 20 years.
3 * * *
4 Section 2. Title 18 is amended by adding sections to read:
5 § 2507. Criminal homicide of law enforcement officer.
6 (a) Murder of a law enforcement officer of the first
7 degree.--A person commits murder of a law enforcement officer of
8 the first degree who intentionally or knowingly kills a law
9 enforcement officer while in the performance of duty knowing the
10 victim is a law enforcement officer.
11 (b) Murder of a law enforcement officer of the second
12 degree.--A person commits murder of a law enforcement officer of
13 the second degree who engages as a principal or an accomplice in
14 the perpetration of a felony during which a law enforcement
15 officer is killed while in the performance of duty.
16 (c) Felony of the first degree.--A person commits a felony
17 of the first degree who as a direct result of the doing of any
18 act in a reckless or grossly negligent manner, or the doing of a
19 lawful act in a reckless or grossly negligent manner, causes the
20 death of a law enforcement officer in the performance of duty
21 where the person knows or should have known the victim is a law
22 enforcement officer.
23 (d) Definitions.--As used in this section, the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "Law enforcement officer." Any person who by virtue of his
27 office or public employment is vested by law with a duty to
28 maintain public order or to make arrests for offenses, whether
29 that duty extends to all offenses or is limited to specific
30 offenses.
20070H2060B2865 - 3 -
1 "Perpetration of a felony." As defined in section 2502(d)
2 (relating to murder).
3 § 2702.1. Assault of law enforcement officer.
4 (a) Felony of the first degree.--A person commits a felony
5 of the first degree who attempts to cause or intentionally,
6 knowingly or recklessly causes serious bodily injury to a law
7 enforcement officer while in the performance of duty and knowing
8 the victim is a law enforcement officer.
9 (b) Felony of the second degree.--A person commits a felony
10 of the second degree who attempts to cause or intentionally or
11 knowingly causes bodily injury to a law enforcement officer
12 while in the performance of duty and knowing the victim is a law
13 enforcement officer.
14 (c) Misdemeanor of the first degree.--A person commits a
15 misdemeanor of the first degree who recklessly engages in
16 conduct which places or may place a law enforcement officer
17 while in the performance of duty in danger of death or serious
18 bodily injury.
19 (d) Definition.--As used in this section, the term "law
20 enforcement officer" means any person who by virtue of his
21 office or public employment is vested by law with a duty to
22 maintain public order or to make arrests for offenses, whether
23 that duty extends to all offenses or is limited to specific
24 offenses.
25 Section 3. Title 42 is amended by adding a section to read:
26 § 9719.1. Sentences for offenses committed against law
27 enforcement officer.
28 (a) Mandatory sentence.--A person convicted of the following
29 offenses shall be sentenced to a mandatory term of imprisonment
30 as follows:
20070H2060B2865 - 4 -
1 18 Pa.C.S. § 2507(a) (relating to criminal homicide of
2 law enforcement officer) - not less than life imprisonment.
3 18 Pa.C.S. § 2507(b) - not less than life imprisonment.
4 18 Pa.C.S. 2702.1(a) (relating to assault of law
5 enforcement officer) - not less than 20 years.
6 (b) Proof at sentencing.--Provisions of this section shall
7 not be an element of the crime and notice thereof to the
8 defendant shall not be required prior to conviction, but
9 reasonable notice of the Commonwealth's intention to proceed
10 under this section shall be provided after conviction and before
11 sentencing. The applicability of this section shall be
12 determined at sentencing. The sentencing court shall consider
13 evidence presented at trial and shall afford the Commonwealth
14 and the defendant an opportunity to present necessary additional
15 evidence and shall determine, by a preponderance of the
16 evidence, if this section is applicable.
17 (c) Authority of court in sentencing.--There shall be no
18 authority in any court to impose on an offender to which this
19 section is applicable any lesser sentence than provided for in
20 subsection (a) or to place such offender on probation or to
21 suspend sentence. Nothing in this section shall prevent the
22 sentencing court from imposing a sentence greater than that
23 provided in this section. Sentencing guidelines promulgated by
24 the Pennsylvania Commission on Sentencing shall not supersede
25 the mandatory sentences provided in this section.
26 (d) Appeal by Commonwealth.--If a sentencing court refuses
27 to apply this section where applicable, the Commonwealth shall
28 have the right to appellate review of the action of the
29 sentencing court. The appellate court shall vacate the sentence
30 and remand the case to the sentencing court for imposition of a
20070H2060B2865 - 5 -
1 sentence in accordance with this section if it finds that the
2 sentence was imposed in violation of this section.
3 (e) Definition.--As used in this section, the term "law
4 enforcement officer" means any person who by virtue of his
5 office or public employment is vested by law with a duty to
6 maintain public order or to make arrests for offenses, whether
7 that duty extends to all offenses or is limited to specific
8 offenses.
9 Section 4. This act shall take effect in 60 days.
K15L18MSP/20070H2060B2865 - 6 -