A00365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
185
Session of
2021
INTRODUCED BY STRUZZI, KAUFFMAN, BOBACK, GUENST, HOHENSTEIN,
JOZWIAK, MILLARD, MOUL, NEILSON, SMITH, COX AND ZIMMERMAN,
JANUARY 21, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2021
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, the section is amended by
adding a subsection, subsection (a) is amended by adding a
paragraph and subsection (d) is amended by adding definitions to
read:
§ 2702. Aggravated assault.
(a) Offense defined.--A person is guilty of aggravated
assault if he:
* * *
(3.1) except as provided under subsection (c.1),
attempts to cause or intentionally or knowingly causes bodily
injury to an individual with 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.
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(c.1) Exceptions.--Subsection (a)(3.1) shall not apply to an
individual who has a physical disability, an intellectual
disability or an autism spectrum disorder who attempts to cause
or intentionally or knowingly causes bodily injury to another
individual with a physical disability , an intellectual
disability or an autism spectrum disorder.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Autism spectrum disorder." As defined in 42 Pa.C.S. § 5992
(relating to definitions), regardless of the age of the
individual.
* * *
"Intellectual disability." R egardless 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:
(1) Communication.
(2) Self-care.
(3) Home living.
(4) Social and interpersonal.
(5) Use of community resources.
(6) Self-direction.
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(7) Functional academic.
(8) Work.
(9) Health and safety.
"Physical disability." As follows:
(1) A permanent or irreversible physical impairment,
whether congenital or acquired by accident, injury or
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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