THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KILLION, BARRAR, BRENNAN, CHRISTIANA, DALLY, DePASQUALE, FAIRCHILD, GALLOWAY, GINGRICH, GODSHALL, GROVE, HARHART, HENNESSEY, MAJOR, MANN, MARKOSEK, MARSHALL, MICOZZIE, MUSTIO, O'NEILL, PASHINSKI, REICHLEY, SAYLOR, SIPTROTH, SOLOBAY, STEVENSON, R. TAYLOR, TRUE, VULAKOVICH, YUDICHAK, CIVERA AND SONNEY, JULY 22, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 9, 2009   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for definitions, and

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for the offenses of possession of weapons, and aggravated

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assault, criminal trespass and solicitation of minors at

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private residential rehabilitative institutions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 912(b), 2702(a) and (c), 3503(d),

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6317(a) and 6319(c) of Title 18 of the Pennsylvania Consolidated

Statutes are amended to read:

Section 1.  Section 103 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended by adding a definition to read:

§ 103.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this part, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

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"Private residential rehabilitative institution." A facility,

other than one operated by a government agency which provides

juveniles who are legally committed to the institution or

legally committed to a day treatment program at the institution

under a proceeding conducted under 42 Pa.C.S. Ch. 63 (relating

to juvenile matters), educational services as part of a

rehabilitative package, funded, at least in part, through

contractual agreements with the county in which each child is a

resident, where the institution received an amount per diem for

each child who is legally committed to the institution or

legally committed to a day treatment program at the institution

from the county.

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Section 2.  Sections 912(b), 2702(a) and (c) and 3503(d) of

Title 18 are amended to read:

§ 912.  Possession of weapon on school property.

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(b)  Offense defined.--A person commits a misdemeanor of the

first degree if he possesses a weapon in the buildings of, on

the grounds of, or in any conveyance providing transportation to

or from any elementary or secondary publicly-funded educational

institution, any elementary or secondary private school licensed

by the Department of Education or any elementary or secondary

parochial school or private residential rehabilitative

institution.

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§ 2702.  Aggravated assault.

(a)  Offense defined.--A person is guilty of aggravated

assault if he:

(1)  attempts to cause serious bodily injury to another,

or causes such injury intentionally, knowingly or recklessly

under circumstances manifesting extreme indifference to the

value of human life;

(2)  attempts to cause or intentionally, knowingly or

recklessly causes serious bodily injury to any of the

officers, agents, employees or other persons enumerated in

subsection (c) or to an employee of an agency, company or

other entity engaged in public transportation, while in the

performance of duty;

(3)  attempts to cause or intentionally or knowingly

causes bodily injury to any of the officers, agents,

employees or other persons enumerated in subsection (c), in

the performance of duty;

(4)  attempts to cause or intentionally or knowingly

causes bodily injury to another with a deadly weapon;

(5)  attempts to cause or intentionally or knowingly

causes bodily injury to a teaching staff member, school board

member or other employee, including a student employee, of

any elementary or secondary publicly-funded educational

institution, any elementary or secondary private school

licensed by the Department of Education [or], any elementary

or secondary parochial school or private residential

rehabilitative institution while acting in the scope of his

or her employment or because of his or her employment

relationship to the school;

(6)  attempts by physical menace to put any of the

officers, agents, employees or other persons enumerated in

subsection (c), while in the performance of duty, in fear of

imminent serious bodily injury; or

(7)  uses tear or noxious gas as defined in section

2708(b) (relating to use of tear or noxious gas in labor

disputes) or uses an electric or electronic incapacitation

device against any officer, employee or other person

enumerated in subsection (c) while acting in the scope of his

employment.

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(c)  Officers, employees, etc., enumerated.--The officers,

agents, employees and other persons referred to in subsection

(a) shall be as follows:

(1)  Police officer.

(2)  Firefighter.

(3)  County adult probation or parole officer.

(4)  County juvenile probation or parole officer.

(5)  An agent of the Pennsylvania Board of Probation and

Parole.

(6)  Sheriff.

(7)  Deputy sheriff.

(8)  Liquor control enforcement agent.

(9)  Officer or employee of a correctional institution,

county jail or prison, juvenile detention center or any other

facility to which the person has been ordered by the court

pursuant to a petition alleging delinquency under 42 Pa.C.S.

Ch. 63 (relating to juvenile matters).

(10)  Judge of any court in the unified judicial system.

(11)  The Attorney General.

(12)  A deputy attorney general.

(13)  A district attorney.

(14)  An assistant district attorney.

(15)  A public defender.

(16)  An assistant public defender.

(17)  A Federal law enforcement official.

(18)  A State law enforcement official.

(19)  A local law enforcement official.

(20)  Any person employed to assist or who assists any

Federal, State or local law enforcement official.

(21)  Emergency medical services personnel.

(22)  Parking enforcement officer.

(23)  A magisterial district judge.

(24)  A constable.

(25)  A deputy constable.

(26)  A psychiatric aide.

(27)  A teaching staff member, a school board member or

other employee, including a student employee, of any

elementary or secondary publicly funded educational

institution, any elementary or secondary private school

licensed by the Department of Education [or], any elementary

or secondary parochial school or private residential

rehabilitative institution while acting in the scope of his

or her employment or because of his or her employment

relationship to the school.

(28)  Governor.

(29)  Lieutenant Governor.

(30)  Auditor General.

(31)  State Treasurer.

(32)  Member of the General Assembly.

(33)  An employee of the Department of Environmental

Protection.

(34)  An individual engaged in the private detective

business as defined in section 2(a) and (b) of the act of

August 21, 1953 (P.L.1273, No.361), known as The Private

Detective Act of 1953.

(35)  An employee or agent of a county children and youth

social service agency or of the legal representative of such

agency.

(36)  A public utility employee or an employee of an

electric cooperative.

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§ 3503.  Criminal trespass.

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(d)  Definition.--As used in this section, the term "school

grounds" means any building of or grounds of any elementary or

secondary publicly funded educational institution, any

elementary or secondary private school licensed by the

Department of Education, any elementary or secondary parochial

school, any private residential rehabilitative institution, any

certified day-care center or any licensed preschool program.

§ 6317.  Drug-free school zones.

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(a)  General rule.--A person 18 years of age or older who is

convicted in any court of this Commonwealth of a violation of

section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,

No.64), known as The Controlled Substance, Drug, Device and

Cosmetic Act, shall, if the delivery or possession with intent

to deliver of the controlled substance occurred within 1,000

feet of the real property on which is located a public, private

or parochial school, private residential rehabilitative

institution or a college or university or within 250 feet of the

real property on which is located a recreation center or

playground or on a school bus, be sentenced to a minimum

sentence of at least two years of total confinement,

notwithstanding any other provision of this title, The

Controlled Substance, Drug, Device and Cosmetic Act or other

statute to the contrary. The maximum term of imprisonment shall

be four years for any offense:

(1)  subject to this section; and

(2)  for which The Controlled Substance, Drug, Device and

Cosmetic Act provides for a maximum term of imprisonment of

less than four years.

If the sentencing court finds that the delivery or possession

with intent to deliver was to an individual under 18 years of

age, then this section shall not be applicable and the offense

shall be subject to section 6314 (relating to sentencing and

penalties for trafficking drugs to minors).

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§ 6319.  Solicitation of minors to traffic drugs.

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(c)  Definition.--As used in this section, the term "drug-

free school zone" means the area within 1,000 feet of the real

property on which is located a public, private or parochial

school, private residential rehabilitative institution or a

college or university. The term also includes a school bus or

the area within 500 feet of a school bus stop.

Section 2 3.  This act shall take effect in 60 days.

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