PRINTER'S NO. 3899
No. 2616 Session of 2008
INTRODUCED BY PAYNE, ARGALL, BARRAR, BELFANTI, BEYER, BIANCUCCI,
BOYD, CAPPELLI, CASORIO, CAUSER, CLYMER, CONKLIN, CUTLER,
DALEY, DONATUCCI, GEIST, GEORGE, GILLESPIE, GOODMAN, HARHAI,
HARHART, HERSHEY, HICKERNELL, HUTCHINSON, KAUFFMAN, KENNEY,
KILLION, KORTZ, KOTIK, MAHONEY, MAJOR, MARSHALL, McCALL,
McILHATTAN, MENSCH, MILLARD, MILNE, MOUL, MOYER, MURT,
MUSTIO, NAILOR, O'NEILL, PYLE, READSHAW, ROCK, SAYLOR,
SCAVELLO, SIPTROTH, SONNEY, STERN, J. TAYLOR, TRUE, TURZAI,
VEREB, VULAKOVICH AND WOJNAROSKI, JUNE 10, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 2008
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
17 hereby enacts as follows:
1 Section 1. Section 1102(a), (b) and (c) of Title 18 of the
2 Pennsylvania Consolidated Statutes are amended to read:
3 § 1102. Sentence for murder [and], murder of [an] unborn child
4 and murder of law enforcement officer.
5 (a) First degree.--
6 (1) A person who has been convicted of a murder of the
7 first degree or of murder of a law enforcement officer of the
8 first degree shall be sentenced to death or to a term of life
9 imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
10 to sentencing procedure for murder of the first degree). In
11 the case of a person who has been convicted of murder of a
12 law enforcement officer in the first degree, the sentence may
13 not be subject to reduction for any reason nor may the person
14 be eligible for any parole.
15 (2) The sentence for a person who has been convicted of
16 first degree murder of an unborn child shall be the same as
17 the sentence for murder of the first degree, except that the
18 death penalty shall not be imposed. This paragraph shall not
19 affect the determination of an aggravating circumstance under
20 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman.
21 (b) Second degree.--A person who has been convicted of
22 murder of the second degree [or], of second degree murder of an
23 unborn child or of second degree murder of a law enforcement
24 officer shall be sentenced to a term of life imprisonment. In
25 the case of a person who has been convicted of murder of a law
26 enforcement officer in the second degree, the sentence may not
27 be subject to reduction for any reason nor may the person be
28 eligible for any parole.
29 (c) Attempt, solicitation and conspiracy to commit murder or
30 murder of an unborn child.--Notwithstanding section 1103(1)
20080H2616B3899 - 2 -
1 (relating to sentence of imprisonment for felony), a person who
2 has been convicted of attempt, solicitation or conspiracy to
3 commit murder [or], murder of an unborn child or murder of a law
4 enforcement officer where serious bodily injury results may be
5 sentenced to a term of imprisonment which shall be fixed by the
6 court at not more than [40] 50 years. Where serious bodily
7 injury does not result, the person may be sentenced to a term of
8 imprisonment which shall be fixed by the court at not more than
9 [20] 25 years.
10 * * *
11 Section 2. Title 18 is amended by adding sections to read:
12 § 2507. Criminal homicide of law enforcement officer.
13 (a) Murder of a law enforcement officer of the first
14 degree.--A person commits murder of a law enforcement officer of
15 the first degree if the person intentionally or knowingly kills
16 a law enforcement officer while in the performance of duty
17 knowing the victim is a law enforcement officer.
18 (b) Murder of a law enforcement officer of the second
19 degree.--A person commits murder of a law enforcement officer of
20 the second degree if the person engages as a principal or an
21 accomplice in the perpetration of a felony during which a law
22 enforcement officer is killed while in the performance of duty.
23 (c) Felony of the first degree.--A person commits a felony
24 of the first degree if the person, as a direct result of the
25 doing of any act in a reckless or grossly negligent manner, or
26 the doing of a lawful act in a reckless or grossly negligent
27 manner, causes the death of a law enforcement officer in the
28 performance of duty where the person knows or should have known
29 the victim is a law enforcement officer.
30 (d) Definitions.--As used in this section, the following
20080H2616B3899 - 3 -
1 words and phrases shall have the meanings given to them in this
2 subsection:
3 "Law enforcement officer." Any person who by virtue of his
4 office or public employment is vested by law with a duty to
5 maintain public order or to make arrests for offenses, whether
6 that duty extends to all offenses or is limited to specific
7 offenses.
8 "Perpetration of a felony." As defined in section 2502(d)
9 (relating to murder).
10 § 2702.1. Assault of law enforcement officer.
11 (a) Felony of the first degree.--A person commits a felony
12 of the first degree if the person attempts to cause or
13 intentionally, knowingly or recklessly causes serious bodily
14 injury to a law enforcement officer while in the performance of
15 duty and knowing the victim is a law enforcement officer.
16 (b) Felony of the second degree.--A person commits a felony
17 of the second degree if the person attempts to cause or
18 intentionally or knowingly causes bodily injury to a law
19 enforcement officer while in the performance of duty and knowing
20 the victim is a law enforcement officer.
21 (c) Misdemeanor of the first degree.--A person commits a
22 misdemeanor of the first degree if the person recklessly engages
23 in conduct which places or may place a law enforcement officer,
24 while in the performance of duty, in danger of death or serious
25 bodily injury.
26 (d) Definition.--As used in this section, the term "law
27 enforcement officer" means any person who by virtue of his
28 office or public employment is vested by law with a duty to
29 maintain public order or to make arrests for offenses, whether
30 that duty extends to all offenses or is limited to specific
20080H2616B3899 - 4 -
1 offenses.
2 Section 3. Title 42 is amended by adding a section to read:
3 § 9719.1. Sentences for offenses committed against law
4 enforcement officer.
5 (a) Mandatory sentence.--A person convicted of the following
6 offenses shall be sentenced to a mandatory term of imprisonment
7 as follows:
8 18 Pa.C.S. § 2507(a) (relating to criminal homicide of
9 law enforcement officer) - not less than life imprisonment.
10 18 Pa.C.S. § 2507(b) - not less than life imprisonment.
11 18 Pa.C.S. § 2702.1(a) (relating to assault of law
12 enforcement officer) - not less than 25 years.
13 (b) Proof at sentencing.--Provisions of this section shall
14 not be an element of the crime and notice thereof to the
15 defendant shall not be required prior to conviction, but
16 reasonable notice of the Commonwealth's intention to proceed
17 under this section shall be provided after conviction and before
18 sentencing. The applicability of this section shall be
19 determined at sentencing. The sentencing court shall consider
20 evidence presented at trial and shall afford the Commonwealth
21 and the defendant an opportunity to present necessary additional
22 evidence and shall determine, by a preponderance of the
23 evidence, if this section is applicable.
24 (c) Authority of court in sentencing.--There shall be no
25 authority in any court to impose on an offender to which this
26 section is applicable any lesser sentence than provided for in
27 subsection (a) or to place such offender on probation or to
28 suspend sentence. Nothing in this section shall prevent the
29 sentencing court from imposing a sentence greater than that
30 provided in this section. Sentencing guidelines promulgated by
20080H2616B3899 - 5 -
1 the Pennsylvania Commission on Sentencing shall not supersede
2 the mandatory sentences provided in this section.
3 (d) Appeal by Commonwealth.--If a sentencing court refuses
4 to apply this section where applicable, the Commonwealth shall
5 have the right to appellate review of the action of the
6 sentencing court. The appellate court shall vacate the sentence
7 and remand the case to the sentencing court for imposition of a
8 sentence in accordance with this section if it finds that the
9 sentence was imposed in violation of this section.
10 (e) Definition.--As used in this section, the term "law
11 enforcement officer" means any person who by virtue of his
12 office or public employment is vested by law with a duty to
13 maintain public order or to make arrests for offenses, whether
14 that duty extends to all offenses or is limited to specific
15 offenses.
16 Section 4. This act shall take effect in 60 days.
E27L18JAM/20080H2616B3899 - 6 -