SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STABACK, CARROLL, D. COSTA, DENLINGER, DeWEESE, EVERETT, GABLER, GERGELY, GIBBONS, GILLESPIE, GRELL, HARHAI, HARKINS, HARRIS, HESS, KAVULICH, KOTIK, KULA, MAHONEY, MANN, MILLARD, MILLER, MULLERY, MURT, MYERS, PAYNE, PEIFER, PETRARCA, PYLE, READSHAW, K. SMITH, SWANGER, TALLMAN, VULAKOVICH, WHITE, MALONEY AND KORTZ, APRIL 28, 2011

SENATOR ALLOWAY, GAME AND FISHERIES, IN SENATE, AS AMENDED, OCTOBER 25, 2011   

AN ACT

Amending Titles 18 (Crimes and Offenses), 30 (Fish) and 34

(Game) of the Pennsylvania Consolidated Statutes, in assault,

further providing for the offense of aggravated assault; in

enforcement, further providing for interference with officers

of the Pennsylvania Game Commission and of the Pennsylvania

Fish and Boat Commission; providing for the offense of

assaulting an officer; further providing for jurisdiction and

penalties and for disposition of fines and penalties; and, in

game or wildlife protection, further providing for killing

game or wildlife to protect person, for unlawful importation

of game or wildlife, for unlawful taking and possession of

protected birds, for possession or interference with active

nests or eggs of birds, for unlawful sale of protected birds

and plumage and for hunting or furtaking prohibited while

under influence of alcohol or controlled substance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2702(c) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2702.  Aggravated assault.

* * *

(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 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.

(37)  A wildlife conservation officer or deputy wildlife

conservation officer of the Pennsylvania Game Commission.

(38)  A waterways conservation officer or deputy

waterways conservation officer of the Pennsylvania Fish and

Boat Commission.

* * *

Section 2.  Section 904(b) of Title 30 is amended to read:

§ 904.  Interference with officers.

* * *

(b)  [Bodily injury.--Any person who intentionally, knowingly

or recklessly attempts to cause or causes serious bodily harm to

an officer performing duties under the provisions of this title

commits a felony of the second degree] Assaulting an officer.--

Assaulting an officer as defined in A violation of 18 Pa.C.S. §§

<--

2702 (relating to aggravated assault) that involves a person

<--

listed under § 2702(c)(38) and 2702.1 (relating to assault of

law enforcement officer) is an offense under this title and the

penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall

apply.

* * *

Section 3.  Title 34 is amended by adding a section to read:

§ 905.1.  Assaulting an officer.

Assaulting an officer as defined in A violation of 18 Pa.C.S.

<--

§§ 2702 (relating to aggravated assault) that involves a person

<--

listed under § 2702(c)(37) and 2702.1 (relating to assault of

law enforcement officer) is an offense under this title and the

penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall

apply.

Section 4.  Sections 925(a), 927(b), 2141(e)(1), 2163(c)(2) , 

2164(d)(2), 2165(b)(2), 2166(b)(2) and 2501(b) of Title 34 are

amended to read:

§ 925.  Jurisdiction and penalties.

(a)  Jurisdiction.--Notwithstanding the provisions of Title

42 (relating to judiciary and judicial procedure), all

magisterial district judges shall have jurisdiction for all

violations of this title which are classified as summary

offenses and may accept guilty pleas and impose sentences for

violations of this title classified as ungraded misdemeanors.

* * *

§ 927.  Disposition of fines and penalties.

* * *

(b)  Penalty.--A person failing to forward fines in

accordance with this section commits a misdemeanor [of the third

degree].

§ 2141.  Killing game or wildlife to protect person.

* * *

(e)  Penalties.--A violation of this section relating to:

(1)  Threatened or endangered species is a misdemeanor

[of the third degree].

* * *

§ 2163.  Unlawful importation of game or wildlife.

* * *

(c)  Penalties.--

* * *

(2)  A violation of this section relating to any

endangered or threatened species is a misdemeanor [of the

third degree]. Each bird, egg or game or wildlife involved in

the violation constitutes a separate offense.

* * *

§ 2164.  Unlawful taking and possession of protected birds.

* * *

(d)  Penalties.--

* * *

(2)  A violation of this section relating to birds which

are listed as threatened or endangered is, in addition to any

other penalties, a misdemeanor [of the third degree].

* * *

§ 2165.  Possession or interference with active nests or eggs of

birds.

* * *

(b)  Penalties.--

* * *

(2)  A violation of this section relating to birds which

are listed as threatened or endangered is, in addition to any

other penalties, a misdemeanor [of the third degree] for each

active nest or egg possessed.

* * *

§ 2166.  Unlawful sale of protected birds and plumage.

* * *

(b)  Penalties.--

* * *

(2)  A violation of this section relating to birds which

are listed as threatened or endangered is, in addition to any

other penalties, a misdemeanor [of the third degree] for each

bird or part thereof.

* * *

§ 2501.  Hunting or furtaking prohibited while under influence

of alcohol or controlled substance.

* * *

(b)  Penalty.--A violation of the provisions of this section

shall be a misdemeanor [of the third degree]. In addition to any

penalty, the violator shall be denied the right to hunt or trap

in this Commonwealth, with or without a license, for a period of

one year.

* * *

Section 5.  This act shall take effect in 60 days.