PRINTER'S NO. 2467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2129
Session of
2021
INTRODUCED BY RABB, LEE, FIEDLER, PARKER, KINSEY, OTTEN, SANCHEZ
AND SIMS, DECEMBER 2, 2021
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 2, 2021
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for prohibition on law
enforcement use of chemical weapons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 9
PROHIBITION ON LAW ENFORCEMENT USE
OF CHEMICAL WEAPONS
Sec.
901. Scope of chapter.
902. Definitions.
903. Prohibition on use of chemical weapons.
§ 901. Scope of chapter.
This chapter relates to the prohibition on law enforcement
use of chemical weapons.
§ 902. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Chemical weapon." The following:
(1) Tear or noxious gas as defined in 18 Pa.C.S. §
2708(b) (relating to use of tear or noxious gas in labor
disputes), including chlorobenzalmalononitrile or oleoresin
capsicum.
(2) Mace.
(3) Pepper balls.
(4) Pepper spray.
(5) Any other crowd control agent composed of chemical
compounds intended to incapacitate an individual or cause
pain, discomfort or any other form of harm to an individual.
"Crowd control." Directing the manner in which the public
gathers together at a planned or impromptu event and moves at
and around the event terrain.
"Kinetic impact projectiles." An item shot from a type of
gun, launcher or other projectile weapon used for crowd control
by law enforcement, including, but not limited to:
(1) Rubber or plastic bullets.
(2) Bean bag rounds.
(3) Sponge rounds.
(4) Pellet rounds.
(5) Any other similar item used by law enforcement.
"Law enforcement agency." Any of the following:
(1) The Pennsylvania State Police.
(2) The Pennsylvania Capitol Police.
(3) The Harrisburg International Airport Police.
(4) An airport authority police department.
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(5) A county park police force under section 2511(b) of
the act of August 9, 1955 (P.L.323, No.130), known as The
County Code.
(6) A public agency of a political subdivision having
general police powers and charged with making arrests in
connection with the enforcement of the criminal or traffic
laws, including the sheriff's office in a county of the
second class.
(7) A campus police or university police department.
(8) A railroad or street railway police department.
(9) Any other individual or entity authorized to
exercise peace officer powers within this Commonwealth.
"Peace officer." As defined in 18 Pa.C.S. § 501 (relating to
definitions).
§ 903. Prohibition on use of chemical weapons.
(a) Prohibition.--Except as provided under subsection (b), a
law enforcement agency or peace officer may not do the
following:
(1) Use, deploy or threaten to use or deploy kinetic
impact projectiles into a crowd or gathering of individuals
for any reason or as a means to control the activity or
movement of a gathering of individuals.
(2) Use, deploy or threaten to use or deploy a chemical
weapon in any situation.
(b) Exception.--A law enforcement agency or peace officer
may use pepper spray if the following conditions are met:
(1) An individual is actively combative, physically
threatening and ignoring or resisting the verbal commands and
warnings of a peace officer.
(2) The behavior of the individual is causing imminent
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danger of injury or death to a peace officer or another
individual.
(3) The peace officer has given at least two verbal
warnings to the individual that the peace officer will use
pepper spray if the individual does not cease the behavior
which has placed a peace officer or another individual in
imminent danger of injury or death.
Section 2. This act shall take effect in 60 days.
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