SENATE AMENDED
PRIOR PRINTER'S NO. 73
PRINTER'S NO. 3500
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
103
Session of
2021
INTRODUCED BY SCHMITT, BOBACK, MIZGORSKI, IRVIN, JAMES, ROTHMAN,
STRUZZI, MILLARD, CIRESI, BROOKS, KAUFFMAN, ZIMMERMAN,
GAYDOS, HERSHEY, MOUL, JOZWIAK, SANKEY, B. MILLER, RIGBY,
E. NELSON, ECKER, SCHLEGEL CULVER, ARMANINI, WHITE AND
DAVANZO, JANUARY 11, 2021
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED,
SEPTEMBER 20, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of harassment of law enforcement officer; and imposing
penalties.
AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND
JUDICIAL PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, IN ASSAULT, FURTHER PROVIDING FOR THE OFFENSE OF
ASSAULT OF LAW ENFORCEMENT OFFICER, FOR THE OFFENSE OF
ASSAULT BY PRISONER AND FOR THE OFFENSE OF ASSAULT BY LIFE
PRISONER; AND, IN SENTENCING, FURTHER PROVIDING FOR SENTENCES
FOR SECOND AND SUBSEQUENT OFFENSES AND FOR SENTENCES FOR
OFFENSES COMMITTED AGAINST LAW ENFORCEMENT OFFICER.
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:
§ 2703.2 Harassment of law enforcement officer.
(a) Offense defined.--Except as provided in sections 2703
(relating to assault by prisoner), 2703.1 (relating to
aggravated harassment by prisoner) and 2704 (relating to assault
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by life prisoner), a person is guilty of harassment of law
enforcement officer if the person intentionally or knowingly
causes or attempts to cause a law enforcement officer to come
into contact with blood, seminal fluid, saliva, urine or feces
by throwing, tossing, spitting or expelling such fluid or
material.
(b) Grading.--An offense under this section is a felony of
the third degree if, at the time of the offense, the person
knew, had reason to know, should have known or believed such
fluid or material to have been obtained from an individual,
including the person charged under this section, infected by a
communicable disease, including, but not limited to, human
immunodeficiency virus (HIV) or hepatitis B. Otherwise, the
offense constitutes a misdemeanor of the first degree.
(c) Definition.--As used in this section, the term "law
enforcement officer" shall have the same meaning as the term
"peace officer" is given under section 501 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTIONS 2702.1(A) AND (B), 2703(A)(2) AND 2704
OF TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE
AMENDED TO READ:
§ 2702.1. ASSAULT OF LAW ENFORCEMENT OFFICER.
(A) ASSAULT OF A LAW ENFORCEMENT OFFICER [IN THE FIRST
DEGREE].--
(1) A PERSON COMMITS A FELONY OF THE FIRST DEGREE WHO
ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY CAUSES BODILY
INJURY TO A LAW ENFORCEMENT OFFICER, WHILE IN THE PERFORMANCE
OF DUTY AND WITH KNOWLEDGE THAT THE VICTIM IS A LAW
ENFORCEMENT OFFICER, BY DISCHARGING A FIREARM.
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(2) EXCEPT AS PROVIDED UNDER SECTIONS 2703 (RELATING TO
ASSAULT BY PRISONER), 2703.1 (RELATING TO AGGRAVATED
HARASSMENT BY PRISONER) AND 2704 (RELATING TO ASSAULT BY LIFE
PRISONER), A PERSON IS GUILTY OF A FELONY OF THE THIRD DEGREE
IF THE PERSON INTENTIONALLY OR KNOWINGLY CAUSES OR ATTEMPTS
TO CAUSE A LAW ENFORCEMENT OFFICER, WHILE IN THE PERFORMANCE
OF DUTY AND WITH KNOWLEDGE THAT THE VICTIM IS A LAW
ENFORCEMENT OFFICER, TO COME INTO CONTACT WITH BLOOD, SEMINAL
FLUID, SALIVA, URINE OR FECES BY THROWING, TOSSING, SPITTING
OR EXPELLING THE FLUID OR MATERIAL.
(3) A PERSON WHO COMMITS AN OFFENSE UNDER PARAGRAPH (2)
SHALL BE GUILTY OF A FELONY OF THE SECOND DEGREE IF:
(I) THE PERSON KNEW, HAD REASON TO KNOW, SHOULD HAVE
KNOWN OR BELIEVED THE FLUID OR MATERIAL TO HAVE BEEN
OBTAINED FROM AN INDIVIDUAL, INCLUDING THE PERSON CHARGED
UNDER THIS SECTION, INFECTED BY A COMMUNICABLE DISEASE
DECLARED REPORTABLE BY REGULATION AUTHORIZED BY THE ACT
OF APRIL 23, 1956 (1955 P.L.1510, NO.500), KNOWN AS THE
DISEASE PREVENTION AND CONTROL LAW OF 1955; AND
(II) THE COMMUNICABLE DISEASE REFERENCED IN
SUBPARAGRAPH (I) IS COMMUNICABLE TO THE LAW ENFORCEMENT
OFFICER BY THE METHOD USED OR ATTEMPTED TO BE USED TO
CAUSE THE LAW ENFORCEMENT OFFICER TO COME INTO CONTACT
WITH THE BLOOD, SEMINAL FLUID, SALIVA, URINE OR FECES.
(B) PENALTIES.--NOTWITHSTANDING SECTION 1103(1) (RELATING TO
SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON CONVICTED UNDER
SUBSECTION [(A)] (A)(1) SHALL BE SENTENCED TO A TERM OF
IMPRISONMENT FIXED BY THE COURT AT NOT MORE THAN 40 YEARS.
* * *
§ 2703. ASSAULT BY PRISONER.
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(A) OFFENSE DEFINED.--
* * *
(2) A PERSON IS GUILTY OF THIS OFFENSE IF:
(I) HE INTENTIONALLY OR KNOWINGLY CAUSES ANOTHER TO
COME INTO CONTACT WITH BLOOD, SEMINAL FLUID, SALIVA,
URINE OR FECES BY THROWING, TOSSING, SPITTING OR
EXPELLING SUCH FLUID OR MATERIAL WHEN, AT THE TIME OF THE
OFFENSE, THE PERSON KNEW, HAD REASON TO KNOW, SHOULD HAVE
KNOWN OR BELIEVED SUCH FLUID OR MATERIAL TO HAVE BEEN
OBTAINED FROM AN INDIVIDUAL, INCLUDING THE PERSON CHARGED
UNDER THIS SECTION, INFECTED BY A COMMUNICABLE DISEASE[,
INCLUDING, BUT NOT LIMITED TO, HUMAN IMMUNODEFICIENCY
VIRUS (HIV) OR HEPATITIS B.] DECLARED REPORTABLE BY
REGULATION AUTHORIZED BY THE ACT OF APRIL 23, 1956 (1955
P.L.1510, NO.500), KNOWN AS THE DISEASE PREVENTION AND
CONTROL LAW OF 1955; AND
(II) THE COMMUNICABLE DISEASE REFERENCED IN
SUBPARAGRAPH (I) IS COMMUNICABLE TO ANOTHER BY THE METHOD
USED OR ATTEMPTED TO BE USED TO CAUSE ANOTHER TO COME
INTO CONTACT WITH THE BLOOD, SEMINAL FLUID, SALIVA, URINE
OR FECES.
* * *
§ 2704. ASSAULT BY LIFE PRISONER.
EVERY PERSON WHO HAS BEEN SENTENCED TO DEATH OR LIFE
IMPRISONMENT IN ANY PENAL INSTITUTION LOCATED IN THIS
COMMONWEALTH, AND WHOSE SENTENCE HAS NOT BEEN COMMUTED, WHO
COMMITS AN AGGRAVATED ASSAULT WITH A DEADLY WEAPON OR INSTRUMENT
UPON ANOTHER, OR BY ANY MEANS OF FORCE LIKELY TO PRODUCE SERIOUS
BODILY INJURY, IS GUILTY OF A CRIME, THE PENALTY FOR WHICH SHALL
BE THE SAME AS THE PENALTY FOR MURDER OF THE SECOND DEGREE. A
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PERSON IS GUILTY OF THIS OFFENSE IF:
(1) HE INTENTIONALLY OR KNOWINGLY CAUSES ANOTHER TO COME
INTO CONTACT WITH BLOOD, SEMINAL FLUID, SALIVA, URINE OR
FECES BY THROWING, TOSSING, SPITTING OR EXPELLING SUCH FLUID
OR MATERIAL WHEN, AT THE TIME OF THE OFFENSE, THE PERSON
KNEW, HAD REASON TO KNOW, SHOULD HAVE KNOWN OR BELIEVED SUCH
FLUID OR MATERIAL TO HAVE BEEN OBTAINED FROM AN INDIVIDUAL,
INCLUDING THE PERSON CHARGED UNDER THIS SECTION, INFECTED BY
A COMMUNICABLE DISEASE[, INCLUDING, BUT NOT LIMITED TO, HUMAN
IMMUNODEFICIENCY VIRUS (HIV) OR HEPATITIS B.] DECLARED
REPORTABLE BY REGULATION AUTHORIZED BY THE ACT OF APRIL 23,
1956 (1955 P.L.1510, NO.500), KNOWN AS THE DISEASE PREVENTION
AND CONTROL LAW OF 1955; AND
(2) THE COMMUNICABLE DISEASE REFERENCED IN PARAGRAPH (1)
IS COMMUNICABLE TO ANOTHER BY THE METHOD USED OR ATTEMPTED TO
BE USED TO CAUSE ANOTHER TO COME INTO CONTACT WITH THE BLOOD,
SEMINAL FLUID, SALIVA, URINE OR FECES.
SECTION 2. SECTIONS 9714(G) AND 9719.1(A) OF TITLE 42 ARE
AMENDED TO READ:
§ 9714. SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES.
* * *
(G) DEFINITION.--AS USED IN THIS SECTION, THE TERM "CRIME OF
VIOLENCE" MEANS MURDER OF THE THIRD DEGREE, VOLUNTARY
MANSLAUGHTER, MANSLAUGHTER OF A LAW ENFORCEMENT OFFICER AS
DEFINED IN 18 PA.C.S. § 2507(C) OR (D) (RELATING TO CRIMINAL
HOMICIDE OF LAW ENFORCEMENT OFFICER), MURDER OF THE THIRD DEGREE
INVOLVING AN UNBORN CHILD AS DEFINED IN 18 PA.C.S. § 2604(C)
(RELATING TO MURDER OF UNBORN CHILD), AGGRAVATED ASSAULT OF AN
UNBORN CHILD AS DEFINED IN 18 PA.C.S. § 2606 (RELATING TO
AGGRAVATED ASSAULT OF UNBORN CHILD), AGGRAVATED ASSAULT AS
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DEFINED IN 18 PA.C.S. § 2702(A)(1) OR (2) (RELATING TO
AGGRAVATED ASSAULT), ASSAULT OF LAW ENFORCEMENT OFFICER AS
DEFINED IN 18 PA.C.S. § [2702.1] 2702.1(A)(1) (RELATING TO
ASSAULT OF LAW ENFORCEMENT OFFICER), USE OF WEAPONS OF MASS
DESTRUCTION AS DEFINED IN 18 PA.C.S. § 2716(B) (RELATING TO
WEAPONS OF MASS DESTRUCTION), TERRORISM AS DEFINED IN 18 PA.C.S.
§ 2717(B)(2) (RELATING TO TERRORISM), STRANGULATION WHEN THE
OFFENSE IS GRADED AS A FELONY AS DEFINED IN 18 PA.C.S. § 2718
(RELATING TO STRANGULATION), TRAFFICKING OF PERSONS WHEN THE
OFFENSE IS GRADED AS A FELONY OF THE FIRST DEGREE AS PROVIDED IN
18 PA.C.S. § 3011 (RELATING TO TRAFFICKING IN INDIVIDUALS),
RAPE, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, AGGRAVATED
INDECENT ASSAULT, INCEST, SEXUAL ASSAULT, ARSON ENDANGERING
PERSONS OR AGGRAVATED ARSON AS DEFINED IN 18 PA.C.S. § 3301(A)
OR (A.1) (RELATING TO ARSON AND RELATED OFFENSES), ECOTERRORISM
AS CLASSIFIED IN 18 PA.C.S. § 3311(B)(3) (RELATING TO
ECOTERRORISM), KIDNAPPING, BURGLARY AS DEFINED IN 18 PA.C.S. §
3502(A)(1) (RELATING TO BURGLARY), ROBBERY AS DEFINED IN 18
PA.C.S. § 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY), OR
ROBBERY OF A MOTOR VEHICLE, DRUG DELIVERY RESULTING IN DEATH AS
DEFINED IN 18 PA.C.S. § 2506(A) (RELATING TO DRUG DELIVERY
RESULTING IN DEATH), OR CRIMINAL ATTEMPT, CRIMINAL CONSPIRACY OR
CRIMINAL SOLICITATION TO COMMIT MURDER OR ANY OF THE OFFENSES
LISTED ABOVE, OR AN EQUIVALENT CRIME UNDER THE LAWS OF THIS
COMMONWEALTH IN EFFECT AT THE TIME OF THE COMMISSION OF THAT
OFFENSE OR AN EQUIVALENT CRIME IN ANOTHER JURISDICTION.
§ 9719.1. SENTENCES FOR OFFENSES COMMITTED AGAINST LAW
ENFORCEMENT OFFICER.
(A) MANDATORY SENTENCE.--A PERSON CONVICTED OF THE FOLLOWING
OFFENSE SHALL BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT
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AS FOLLOWS:
18 PA.C.S. § [2702.1(A)] 2702.1(A)(1) (RELATING TO
ASSAULT OF LAW ENFORCEMENT OFFICER) - NOT LESS THAN 20 YEARS.
* * *
SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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