PRINTER'S NO. 409
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
450
Session of
2021
INTRODUCED BY DeLUCA, McNEILL, DRISCOLL AND SOLOMON,
FEBRUARY 8, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in general provisions relating to
offenses involving danger to the person, further providing
for definitions; and, in assault, further providing for the
offense of simple assault and for the offense of aggravated
assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2301 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 2301. Definitions.
Subject to additional definitions contained in subsequent
provisions of this article which are applicable to specific
chapters or other provisions of this article, the following
words and phrases, when used in this article shall have, unless
the context clearly indicates otherwise, the meanings given to
them in this section:
* * *
"Substantial bodily injury." Bodily injury which is not life
threatening, but which results in protracted impairment of a
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person's physical condition, protracted and substantial pain or
protracted disfigurement to the face.
Section 2. Sections 2701 heading and (b) introductory
paragraph and 2702(a) and (b) of Title 18 are amended to read:
§ 2701. [Simple assault] Assault.
* * *
(b) Grading.--[Simple assault] Assault is a misdemeanor of
the second degree unless committed:
* * *
§ 2702. Aggravated assault.
(a) Offense defined.--A person is guilty of aggravated
assault if he:
(1) attempts to cause serious bodily injury to another,
or causes such injury intentionally, knowingly or recklessly
under circumstances manifesting extreme indifference to the
value of human life;
(2) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to any of the
officers, agents, employees or other persons enumerated in
subsection (c) or to an employee of an agency, company or
other entity engaged in public transportation, while in the
performance of duty;
(3) attempts to cause or intentionally or knowingly
causes bodily injury to any of the officers, agents,
employees or other persons enumerated in subsection (c), in
the performance of duty;
(4) attempts to cause or intentionally or knowingly
causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly
causes bodily injury to a teaching staff member, school board
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member or other employee, including a student employee, of
any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school
licensed by the Department of Education or any elementary or
secondary parochial school while acting in the scope of his
or her employment or because of his or her employment
relationship to the school;
(6) attempts by physical menace to put any of the
officers, agents, employees or other persons enumerated in
subsection (c), while in the performance of duty, in fear of
imminent serious bodily injury;
(7) uses tear or noxious gas as defined in section
2708(b) (relating to use of tear or noxious gas in labor
disputes) or uses an electric or electronic incapacitation
device against any officer, employee or other person
enumerated in subsection (c) while acting in the scope of his
employment;
(8) attempts to cause or intentionally, knowingly or
recklessly causes bodily injury to a child less than six
years of age, by a person 18 years of age or older; [or]
(9) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to a child less than
13 years of age, by a person 18 years of age or older[.];
(10) attempts to cause or intentionally, knowingly or
recklessly causes bodily injury to any person who is:
(i) blind;
(ii) physically or intellectually disabled;
(iii) pregnant; or
(iv) 60 years of age or older; or
(11) attempts to cause or intentionally or knowingly
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causes substantial bodily injury to another.
(b) Grading.--Aggravated assault under subsection (a)(1),
(2) [and], (9) and (10) is a felony of the first degree.
Aggravated assault under subsection (a)(3), (4), (5), (6), (7)
and (8) is a felony of the second degree. Aggravated assault
under subsection (a)(11) is a felony of the third degree.
* * *
Section 3. A reference in statute or regulation to "simple
assault" shall be deemed a reference to "assault."
Section 4. This act shall take effect in 60 days.
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