PRINTER'S NO. 1847
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1203
Session of
2018
INTRODUCED BY REGAN, WARD, ARGALL, FOLMER, RAFFERTY, MARTIN,
RESCHENTHALER, EICHELBERGER AND AUMENT, JUNE 11, 2018
REFERRED TO JUDICIARY, JUNE 11, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for
weapons of mass destruction; and, in theft and related
offenses, further providing for grading of theft offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2716(i) and 3903(a.2) and (d) of Title
18 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 2716. Weapons of mass destruction.
* * *
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Biological agent." A natural or genetically engineered
pathogen, toxin, virus, bacteria, prion, fungus or microorganism
which causes infections, disease or bodily harm.
["Bomb." An explosive device used for unlawful purposes.]
"Chemical agent." Any of the following:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(1) A nerve agent, including tabun (GA), sarin (GB),
soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and
diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC),
cyanogen chloride (CK) and arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Nitrogen mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes
death or bodily harm.
"Explosive material." Explosives, blasting agents and
detonators.
"Explosives." Any chemical compound, mixture or device, the
primary or common purpose of which is to function by explosion.
The term includes, but is not limited to, dynamite and other
high explosives, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord,
igniter cord and igniters.
"Nuclear agent." A radioactive material.
"Weapon of mass destruction." A biological agent, [bomb,]
chemical agent, explosive material or nuclear agent.
§ 3903. Grading of theft offenses.
* * *
20180SB1203PN1847 - 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
(a.2) Felony of the first degree.--Except as provided in
subsections (a) and (a.1), theft constitutes a felony of the
first degree if:
(1) in the case of theft by receiving stolen property,
the property received, retained or disposed of is a firearm
or weapon of mass destruction and the receiver is in the
business of buying or selling stolen property; [or]
(1.1) the property stolen is a weapon of mass
destruction; or
(2) the amount involved is $500,000 or more.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Manmade disaster." Any industrial, nuclear or
transportation accident, explosion, conflagration, power
failure, natural resource shortage or other condition, except
enemy action, resulting from manmade causes, such as oil spills
and other injurious environmental contamination, which threatens
or causes substantial damage to property, human suffering,
hardship or loss of life.
"Natural disaster." Any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake,
landslide, mudslide, snowstorm, drought, fire, explosion or
other catastrophe which results in substantial damage to
property, hardship, suffering or possible loss of life.
"War-caused disaster." Any condition following an attack
upon the United States resulting in substantial damage to
property or injury to persons in the United States caused by use
of bombs, missiles, shellfire, nuclear, radiological, chemical
20180SB1203PN1847 - 3 -
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
or biological means, or other weapons or overt paramilitary
actions, or other conditions such as sabotage.
"Weapon of mass destruction." A biological agent, chemical
agent, explosive material or nuclear agent.
Section 2. This act shall take effect in 60 days.
20180SB1203PN1847 - 4 -
1
2
3
4
5