PRINTER'S NO. 665
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
652
Session of
2019
INTRODUCED BY MOUL, RYAN, JAMES, MURT, READSHAW, BARRAR,
MILLARD, SAYLOR, DeLUCA, WHEELAND, JONES, HILL-EVANS AND
FARRY, MARCH 1, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, providing for the offense of assault by
knocking out another; and, in juvenile matters, further
providing for definitions and for transfer from criminal
proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2701.1. Assault by knocking out another.
(a) Offense defined.--A person is guilty of the offense of
assault by knocking out another if the person:
(1) attempts to cause or intentionally, knowingly or
recklessly causes bodily injury or serious bodily injury to
another by striking another in the face or on the head with a
hand or fist, without provocation, whether or not the victim
is rendered unconscious; or
(2) with the intent of promoting or facilitating the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
commission of the offense provided in paragraph (1), the
person solicits another to commit the offense or aids or
agrees or attempts to aid the person in planning or
committing the offense.
(b) Grading.--Assault by knocking out another under
subsection (a)(1) is a felony of the third degree. Assault by
knocking out another under subsection (a)(2) is a misdemeanor of
the first degree.
Section 2. The definition of "delinquent act" in section
6302 of Title 42, amended June 28, 2018 (P.L.361, No.49), is
amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Delinquent act."
(1) The term means an act designated a crime under the
law of this Commonwealth, or of another state if the act
occurred in that state, or under Federal law, or an act which
constitutes indirect criminal contempt under Chapter 62A
(relating to protection of victims of sexual violence or
intimidation) with respect to sexual violence or 23 Pa.C.S.
Ch. 61 (relating to protection from abuse) or the failure of
a child to comply with a lawful sentence imposed for a
summary offense, in which event notice of the fact shall be
certified to the court.
(2) The term shall not include:
(i) The crime of murder.
(ii) Any of the following prohibited conduct where
20190HB0652PN0665 - 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
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
(relating to kidnapping).
(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
20190HB0652PN0665 - 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
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
(iv) Summary offenses.
(v) A crime committed by a child who has been found
guilty in a criminal proceeding for other than a summary
offense.
(vi) Assault by knocking out another as defined in
18 Pa.C.S. § 2701.1 (relating to assault by knocking out
another).
* * *
Section 3. Section 6322(a) of Title 42 is amended to read:
§ 6322. Transfer from criminal proceedings.
(a) General rule.--Except as provided in 75 Pa.C.S. § 6303
(relating to rights and liabilities of minors) or in the event
the child is charged with murder or any of the offenses excluded
20190HB0652PN0665 - 4 -
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
by paragraph (2)(ii) [or], (iii) or (vi) of the definition of
"delinquent act" in section 6302 (relating to definitions) or
has been found guilty in a criminal proceeding, if it appears to
the court in a criminal proceeding that the defendant is a
child, this chapter shall immediately become applicable, and the
court shall forthwith halt further criminal proceedings, and,
where appropriate, transfer the case to the division or a judge
of the court assigned to conduct juvenile hearings, together
with a copy of the accusatory pleading and other papers,
documents, and transcripts of testimony relating to the case. If
it appears to the court in a criminal proceeding charging murder
or any of the offenses excluded by paragraph (2)(ii) [or], (iii)
or (vi) of the definition of "delinquent act" in section 6302,
that the defendant is a child, the case may similarly be
transferred and the provisions of this chapter applied. In
determining whether to transfer a case charging murder or any of
the offenses excluded from the definition of "delinquent act" in
section 6302, the child shall be required to establish by a
preponderance of the evidence that the transfer will serve the
public interest. In determining whether the child has so
established that the transfer will serve the public interest,
the court shall consider the factors contained in section
6355(a)(4)(iii) (relating to transfer to criminal proceedings).
* * *
Section 4. This act shall take effect in 60 days.
20190HB0652PN0665 - 5 -
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