THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, AUMENT, BEAR, BOYD, R. BROWN, CARROLL, D. COSTA, P. COSTA, COX, ELLIS, EVERETT, GABLER, GODSHALL, GRELL, GROVE, HACKETT, HICKERNELL, M. K. KELLER, KILLION, KNOWLES, LAWRENCE, MILNE, PEIFER, PERRY, QUINN, ROCK, ROSS, STEPHENS, SWANGER, TOBASH AND VULAKOVICH, FEBRUARY 8, 2012

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2012  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of

the Pennsylvania Consolidated Statutes, further providing for

impersonating a public servant and for visual and audible

signals on emergency vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4912 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 4912.  Impersonating a public servant.

(a)  Offenses defined.--A person commits [a misdemeanor of

the second degree if he falsely] the offense of impersonating a

public servant if:

(1)  The person pretends to hold a position in the public

service with intent to induce another to submit to such

pretended official authority or otherwise to act in reliance

upon that pretense [to his prejudice].

(2)  The person pretends to be a law enforcement officer

with intent to induce another to submit to such pretended

official authority or otherwise act in reliance upon that

pretense.

(b)  Grading.--

(1)  An offense under subsection (a)(1) is a misdemeanor

of the second degree.

(2)  An offense under subsection (a)(2) is a felony of

the third degree.

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

enforcement officer" means any of the following:

(1)  A member of the Pennsylvania State Police.

(2)  Any enforcement officer or investigator employed by

the Pennsylvania Liquor Control Board.

(3)  A parole agent, enforcement officer and investigator

of the Pennsylvania Board of Probation and Parole.

(4)  A Capitol Police officer.

(5)  A Department of Conservation and Natural Resources

ranger.

(6)  A drug enforcement agent of the Office of Attorney

General whose principal duty is the enforcement of the drug

laws of this Commonwealth and a special agent of the Office

of Attorney General whose principal duty is the enforcement

of the criminal laws of this Commonwealth.

(7)  Any member of a port authority or other authority

police department.

(8)  Any police officer of a county, region, city,

borough, town or township.

(9)  Any sheriff or deputy sheriff.

(10)  A Pennsylvania Waterways Conservation Officer.

(11)  A Pennsylvania Wildlife Conservation Officer.

(12)  A member of a campus police force with the power to

arrest under section 2416 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929.

As used in this paragraph, the term "campus police" has the

meaning given in section 302 of the act of November 29, 2004

(P.L.1383, No.180), known as the Uniform Crime Reporting Act.

(13)  A member of the Fort Indiantown Gap Police Force.

(14)  A corrections officer employed at a State or county

correctional institution to provide any security or custodial

service for inmates.

Section 2.  Section 4571 of Title 75 is amended by adding a

subsection to read:

§ 4571.  Visual and audible signals on emergency vehicles.

* * *

(d.1)  Sale of emergency vehicle.--

(1)  A seller of an emergency vehicle equipped with

revolving or flashing lights or audible warning systems

identical or similar to those specified in subsections (a)

and (b) shall remove such lights or systems upon the sale of

the vehicle to a buyer who is not authorized by law or

regulation to operate an emergency vehicle with visual or

audible systems.

(2)  A person who sells a vehicle equipped with visual or

audible warning systems in violation of this subsection

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of not less than $500 nor more than

$1,000.

(3)  A person who sells a vehicle equipped with visual or

audible warning systems in violation of this subsection who

knows or should have known of the buyer's intent to use the

vehicle in violation of 18 Pa.C.S. § 4912(a)(2) (relating to

impersonating a public servant) commits a misdemeanor of the

third degree.

* * *

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