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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 3, 2012 11:47 AM
From: Senator Richard L. Alloway, II
To: All Senate members
Subject: Reckless Endangerment involving a Law Enforcement Officer
 
In the near future, I will be introducing legislation to increase penalties in Title 18, section 2705. (Recklessly endangering another person) to a felony of a 3rd degree when an individual knowingly or should have known that their conduct acts in a reckless manner against a law enforcement officer.

Current law provides for, in section 2705. (Recklessly endangering another person), a person commits a misdemeanor of the second degree if recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.

This legislation is being introduced after an incident in Adams County where police officer, Tim Biggins, and his dog were attempted to be run over by the criminal as the officer was trying to apprehend the criminal – the officer and the dog barely escaped.

The Adams County District Attorney was not able to charge the criminal with the higher crime of aggravated assault because the Pennsylvania Statute requires the State to show that the defendant intended to cause serious bodily injury or death. This legislation strengthens the section related to reckless endangerment and increases the penalty to a felony of a 3rd degree when the act is against a law enforcement officer.

This legislation is being modeled after SB1109 of legislative year 2012 and included the following co-sponsors: Alloway, Tartaglione, Eichelberger, Fontanna, Waugh, Brewster, Yudichak, Brewster, Ferlo, Mensch, Stack, and Solobay.



Introduced as SB54