PRINTER'S NO. 2565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1857
Session of
2017
INTRODUCED BY BURNS, DRISCOLL, BERNSTINE, SAYLOR, MULLERY,
MILLARD, O'NEILL, COX AND D. COSTA, OCTOBER 12, 2017
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 12, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
the Pennsylvania Consolidated Statutes, in obstructing
governmental operations, further providing for the offense of
resisting arrest or other law enforcement; and, in
miscellaneous provisions, further providing for the offense
of fleeing or attempting to elude police officer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5104 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5104. Resisting arrest or [other] fleeing law enforcement.
[A] (a) General rule.--Except as provided in subsection (b),
a person commits a misdemeanor of the second degree if, with the
intent of preventing a public servant from effecting a lawful
arrest or discharging any other duty, the person creates a
substantial risk of bodily injury to the public servant or
anyone else, flees or attempts to elude the public servant or
employs means justifying or requiring substantial force to
overcome the resistance.
(b) Serious bodily injury or death.--A person commits a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
felony of the first degree if, with the intent of preventing a
public servant from effecting a lawful arrest or discharging any
other duty, causes serious bodily injury or death to the public
servant or anyone else.
Section 2. Section 3733(a.2) of Title 75 is amended to read:
§ 3733. Fleeing or attempting to elude police officer.
* * *
(a.2) Grading.--
(1) Except as provided in [paragraph (2)] paragraphs (2)
and (3), an offense under subsection (a) constitutes a
[misdemeanor of the second degree] felony of the third
degree. Any driver upon conviction shall pay an additional
fine of $500. This fine shall be in addition to and not in
lieu of all other fines, court expenses, jail sentences or
penalties.
(2) An offense under subsection (a) constitutes a felony
of the [third] second degree if the driver while fleeing or
attempting to elude a police officer does any of the
following:
(i) commits a violation of section 3802 (relating to
driving under influence of alcohol or controlled
substance);
(ii) crosses a State line; [or]
(iii) endangers a law enforcement officer or member
of the general public due to the driver engaging in a
high-speed chase[.]; or
(iv) causes bodily injury to a law enforcement
officer or member of the general public.
(3) An offense under subsection (a) constitutes a felony
of the first degree if the driver, while fleeing or
20170HB1857PN2565 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
attempting to elude a police officer, causes serious bodily
injury or death to a law enforcement officer or member of the
general public.
* * *
Section 3. This act shall take effect in 60 days.
20170HB1857PN2565 - 3 -
1
2
3
4
5