A05579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2016
Session of
2019
INTRODUCED BY SCHMITT, MOUL, GREINER, RYAN, JONES, MIZGORSKI,
STRUZZI, CIRESI, BURGOS, BERNSTINE, READSHAW, JOZWIAK, GABLER
AND GOODMAN, OCTOBER 30, 2019
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 30, 2019
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.
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:
ยง 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
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 , acting in
the performance of duties, to come into contact with blood,
seminal fluid, saliva, urine or feces by throwing, tossing,
spitting or expelling such fluid or material.
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(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).
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Communicable disease." An illness that is:
(1) capable of being spread to a susceptible host
through the direct or indirect transmission of an infectious
agent or its toxic product by an infected person, animal or
arthropod or through the inanimate environment; and
(2) listed under law as a disease that must be reported
to the Department of Health if discovered by a health care
provider, health care facility or clinical laboratory.
"Law enforcement officer." As the term "peace officer" is
defined under section 501 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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