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A05430
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2056
Session of
2019
INTRODUCED BY STRUZZI, BERNSTINE, BROOKS, ECKER, HERSHEY, HILL-
EVANS, HOHENSTEIN, JAMES, MILLARD, MOUL, MULLERY, ROEBUCK,
SCHMITT AND TOEPEL, DECEMBER 2, 2019
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 2, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of aggravated assault.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2702(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended, subsection (a) is amended by
adding a paragraph and subsection (d) is amended by adding
definitions to read:
ยง 2702. Aggravated assault.
(a) Offense defined.--A person is guilty of aggravated
assault if he:
* * *
(3.1) attempts to cause or intentionally or knowingly
causes bodily injury to an individual with a physical
disability or intellectual disability; who the offender knew
or should have known has a physical disability, an
intellectual disability or an autism spectrum disorder;
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* * *
(b) Grading.--Aggravated assault under subsection (a)(1),
(2) and (9) is a felony of the first degree. Aggravated assault
under subsection (a)(3), (3.1), (4), (5), (6), (7) and (8) is a
felony of the second degree.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
" Intellectual disability." As follows:
(1) Regardless of the age of the individual,
significantly subaverage general intellectual functioning of
an individual that is accompanied by significant limitations
in adaptive functioning in at least two of the following
skill areas:
(i) Communication.
(ii) Self-care.
(iii) Home living.
(iv) Social and interpersonal.
(v) Use of community resources.
(vi) Self-direction.
(vii) Functional academic.
(viii) Work.
(ix) Health and safety.
(2) The term includes an autism spectrum disorder,
regardless of the age of the individual.
"Physical disability." As follows:
(1) A permanent or irreversible physical impairment,
whether congenital or acquired by accident, injury or
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disease, that substantially limits one or more major life
activities of the individual.
(2) For purposes of paragraph (1), major life activities
include, but are not limited to, caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending, speaking, breathing and
working.
Section 2. This act shall take effect in 60 days.
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