SENATE AMENDED PRIOR PRINTER'S NOS. 602, 1435, 1651 PRINTER'S NO. 2466
No. 569 Session of 1995
INTRODUCED BY O'BRIEN, MAYERNIK, DENT, HENNESSEY, CLARK, WOGAN, CORRIGAN, TIGUE, ROONEY, GEIST, FLICK, KELLER, WAUGH, TRELLO, NAILOR, RAYMOND, BLAUM, E. Z. TAYLOR, MERRY, L. I. COHEN, MARSICO, J. TAYLOR, BARD, EGOLF AND KENNEY, FEBRUARY 2, 1995
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, SEPTEMBER 19, 1995
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for aggravated 3 assault. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 2702 of Title 18 of the Pennsylvania <-- 7 Consolidated Statutes is amended to read: 8 § 2702. Aggravated assault. 9 (a) Offense defined.--A person is guilty of aggravated 10 assault if he: 11 (1) attempts to cause serious bodily injury to another, 12 or causes such injury intentionally, knowingly or recklessly 13 under circumstances manifesting extreme indifference to the 14 value of human life; 15 (2) attempts to cause or intentionally, knowingly or 16 recklessly causes serious bodily injury to [a police officer,
1 firefighter, county adult probation or parole officer, county 2 juvenile probation or parole officer or an agent of the 3 Pennsylvania Board of Probation and Parole in the performance 4 of duty or to] any of the officers, agents, employees or 5 other persons enumerated in subsection (c) or to an employee 6 of an agency, company or other entity engaged in public 7 transportation, while in the performance of duty; 8 (3) attempts to cause or intentionally or knowingly 9 causes bodily injury to [a police officer, firefighter or 10 county adult probation or parole officer, county juvenile 11 probation or parole officer or an agent of the Pennsylvania 12 Board of Probation and Parole] any of the officers, agents, 13 employees or other persons enumerated in subsection (c), in 14 the performance of duty; 15 (4) attempts to cause or intentionally or knowingly 16 causes bodily injury to another with a deadly weapon; [or] 17 (5) attempts to cause or intentionally or knowingly 18 causes bodily injury to a teaching staff member, school board 19 member, other employee or student of any elementary or 20 secondary publicly-funded educational institution, any 21 elementary or secondary private school licensed by the 22 Department of Education or any elementary or secondary 23 parochial school while acting in the scope of his or her 24 employment or because of his or her employment relationship 25 to the school[.]; or 26 (6) attempts by physical menace to put any of the 27 officers, agents, employees or other persons enumerated in 28 subsection (c), while in the performance of duty, in fear of 29 imminent serious bodily injury. 30 (b) Grading.--Aggravated assault under subsection (a)(1) and 19950H0569B2466 - 2 -
1 (2) is a felony of the first degree. Aggravated assault under 2 subsection (a)(3), (4) [and (5)], (5) and (6) is a felony of the 3 second degree. 4 SECTION 1. SECTION 2702 OF TITLE 18 OF THE PENNSYLVANIA <-- 5 CONSOLIDATED STATUTES, AMENDED JULY 6, 1995 (P.L.238, NO.27), IS 6 AMENDED TO READ: 7 § 2702. AGGRAVATED ASSAULT. 8 (A) OFFENSE DEFINED.--A PERSON IS GUILTY OF AGGRAVATED 9 ASSAULT IF HE: 10 (1) ATTEMPTS TO CAUSE SERIOUS BODILY INJURY TO ANOTHER, 11 OR CAUSES SUCH INJURY INTENTIONALLY, KNOWINGLY OR RECKLESSLY 12 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 13 VALUE OF HUMAN LIFE; 14 (2) ATTEMPTS TO CAUSE OR INTENTIONALLY, KNOWINGLY OR 15 RECKLESSLY CAUSES SERIOUS BODILY INJURY TO [A JUDGE, DISTRICT 16 JUSTICE, SHERIFF, DEPUTY SHERIFF, CONSTABLE, DEPUTY 17 CONSTABLE, PSYCHIATRIC AIDE, POLICE OFFICER, FIREFIGHTER, 18 COUNTY ADULT PROBATION OR PAROLE OFFICER, COUNTY JUVENILE 19 PROBATION OR PAROLE OFFICER OR AN AGENT OF THE PENNSYLVANIA 20 BOARD OF PROBATION AND PAROLE IN THE PERFORMANCE OF DUTY] ANY 21 OF THE OFFICERS, AGENTS, EMPLOYEES OR OTHER PERSONS 22 ENUMERATED IN SUBSECTION (C) OR TO AN EMPLOYEE OF AN AGENCY, 23 COMPANY OR OTHER ENTITY ENGAGED IN PUBLIC TRANSPORTATION, 24 WHILE IN THE PERFORMANCE OF DUTY OR TO AN EMPLOYEE OF A 25 COUNTY JAIL, PRISON, CORRECTIONAL INSTITUTION, JUVENILE 26 DETENTION CENTER OR ANY FACILITY TO WHICH THE PERSON HAS BEEN 27 ORDERED BY THE COURT PURSUANT TO A PETITION ALLEGING 28 DELINQUENCY UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE 29 MATTERS); 30 (3) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY 19950H0569B2466 - 3 -
1 CAUSES BODILY INJURY TO [A JUDGE, DISTRICT JUSTICE, SHERIFF, 2 DEPUTY SHERIFF, CONSTABLE, DEPUTY CONSTABLE, PSYCHIATRIC 3 AIDE, POLICE OFFICER, FIREFIGHTER OR COUNTY ADULT PROBATION 4 OR PAROLE OFFICER, COUNTY JUVENILE PROBATION OR PAROLE 5 OFFICER OR AN AGENT OF THE PENNSYLVANIA BOARD OF PROBATION 6 AND PAROLE] ANY OF THE OFFICERS, AGENTS, EMPLOYEES OR OTHER 7 PERSONS ENUMERATED IN SUBSECTION (C), IN THE PERFORMANCE OF 8 DUTY OR TO AN EMPLOYEE OF A COUNTY JAIL, PRISON, CORRECTIONAL 9 INSTITUTION, JUVENILE DETENTION CENTER OR ANY FACILITY TO 10 WHICH THE PERSON HAS BEEN ORDERED BY THE COURT PURSUANT TO A 11 PETITION ALLEGING DELINQUENCY UNDER 42 PA.C.S. CH. 63; 12 (4) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY 13 CAUSES BODILY INJURY TO ANOTHER WITH A DEADLY WEAPON; [OR] 14 (5) ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY 15 CAUSES BODILY INJURY TO A TEACHING STAFF MEMBER, SCHOOL BOARD 16 MEMBER, OTHER EMPLOYEE OR STUDENT OF ANY ELEMENTARY OR 17 SECONDARY PUBLICLY-FUNDED EDUCATIONAL INSTITUTION, ANY 18 ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE 19 DEPARTMENT OF EDUCATION OR ANY ELEMENTARY OR SECONDARY 20 PAROCHIAL SCHOOL WHILE ACTING IN THE SCOPE OF HIS OR HER 21 EMPLOYMENT OR BECAUSE OF HIS OR HER EMPLOYMENT RELATIONSHIP 22 TO THE SCHOOL[.]; OR 23 (6) ATTEMPTS BY PHYSICAL MENACE TO PUT ANY OF THE 24 OFFICERS, AGENTS, EMPLOYEES OR OTHER PERSONS ENUMERATED IN 25 SUBSECTION (C), WHILE IN THE PERFORMANCE OF DUTY, IN FEAR OF 26 IMMINENT SERIOUS BODILY INJURY. 27 (B) GRADING.--AGGRAVATED ASSAULT UNDER SUBSECTION (A)(1) AND 28 (2) IS A FELONY OF THE FIRST DEGREE. AGGRAVATED ASSAULT UNDER 29 SUBSECTION (A)(3), (4) [AND (5)], (5) AND (6) IS A FELONY OF THE 30 SECOND DEGREE. 19950H0569B2466 - 4 -
1 (c) Officers, employees, etc. enumerated.--The officers, 2 agents, employees and other persons referred to in subsection 3 (a) shall be as follows: 4 (1) Police officer. 5 (2) Firefighter. 6 (3) County adult probation or parole officer. 7 (4) County juvenile probation or parole officer. 8 (5) An agent of the Pennsylvania Board of Probation and 9 Parole. 10 (6) Sheriff. 11 (7) Deputy sheriff. 12 (8) Liquor control enforcement agent. 13 (9) Officer or employee of a correctional institution. 14 (10) Judge of any court in the unified judicial system. 15 (11) The Attorney General. 16 (12) A deputy attorney general. 17 (13) A district attorney. 18 (14) An assistant district attorney. 19 (15) A public defender. 20 (16) An assistant public defender. 21 (17) A Federal law enforcement official. 22 (18) A State law enforcement official. 23 (19) A local law enforcement official. 24 (20) Any person employed to assist or who assists any 25 Federal, State or local law enforcement official. 26 (21) Emergency medical services personnel. 27 (22) Parking enforcement officer. 28 (23) A DISTRICT JUSTICE. <-- 29 (24) A CONSTABLE. 30 (25) A DEPUTY CONSTABLE. 19950H0569B2466 - 5 -
1 (26) A PSYCHIATRIC AIDE.
2 Section 2. This act shall take effect in 60 days.
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