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PRINTER'S NO. 3187
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2239
Session of
2020
INTRODUCED BY ROZZI, MURT, MILLARD, DeLUCA AND BURNS,
JANUARY 21, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, further providing for the offense of resisting
arrest or other law enforcement.
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:
ยง 5104. Resisting arrest or other law enforcement.
(a) Offense defined.--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, or employs means justifying or
requiring substantial force to overcome the resistance.]
attempts to inflict or causes bodily harm to a public servant or
another person or otherwise engages in physically resistant
behavior that would require force to be utilized to overcome the
resistance.
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(b) Threats.--A person commits a misdemeanor of the third
degree if, with the intent of preventing a public servant from
effecting a lawful arrest or discharging any other duty, the
person threatens, by word or menace, to cause bodily harm to a
public servant or another person; or otherwise engages in
destructive behavior that would require force to be utilized to
overcome the resistance.
Section 2. This act shall take effect in 60 days.
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