PRINTER'S NO. 3245
No. 2445 Session of 1982
INTRODUCED BY CUNNINGHAM, HAYES, DURHAM, COCHRAN, JACKSON, WASS,
DeVERTER, HASAY, L. E. SMITH, CESSAR, FREIND, COSLETT,
PETERSON, CIVERA, CLYMER, COHEN, COLE, DININNI, FEE, FRAZIER,
KLINGAMAN, ALDEN, WENGER, BELOFF, E. Z. TAYLOR, WARGO,
SHUPNIK, HORGOS, STEVENS, PHILLIPS, MACKOWSKI, E. H. SMITH,
MADIGAN, CORDISCO, CAPPABIANCA, WOGAN, PRATT, GRUPPO,
GREENWOOD, KOWALYSHYN, CIMINI, PISTELLA, COWELL, DOMBROWSKI,
GRABOWSKI, BELFANTI, LIVENGOOD, COLAFELLA, LESCOVITZ,
PETRARCA, A. K. HUTCHINSON, GAMBLE, MURPHY, MICHLOVIC,
STEWART, WAMBACH, HALUSKA, BROWN, SIEMINSKI, CALTAGIRONE,
VROON, FLECK, LLOYD, DeMEDIO, GRUITZA, PITTS, SPITZ,
R. C. WRIGHT, MANMILLER, PICCOLA, GRIECO, SAURMAN, FARGO,
PUNT, KUKOVICH, MERRY, NAHILL, DAIKELER, McCLATCHY, GRAY,
MICOZZIE, A. C. FOSTER, JR., SIRIANNI, JOHNSON, B. SMITH,
DORR, GEIST, HONAMAN, ARMSTRONG, TELEK, ARTY, GANNON, MAIALE,
McINTYRE, MORRIS, PERZEL, PETRONE, RASCO, RYBAK, BRANDT,
LUCYK AND BITTLE, APRIL 27, 1982
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 27, 1982
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for assaults by
3 prisoners.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2703 of Title 18, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 2703. Assault by prisoner.
10 [A person who has been found guilty and is awaiting sentence
11 to imprisonment, or a person who has been sentenced to
1 imprisonment for a term of years in any local or county
2 detention facility, jail or prison or any State penal or
3 correctional institution or other State penal or correctional
4 facility, located in this Commonwealth, is guilty of a felony of
5 the second degree if he, while so confined or committed or while
6 undergoing transportation to or from such an institution or
7 facility in or to which he was confined or committed
8 intentionally or knowingly commits an assault upon another with
9 a deadly weapon or instrument, or by any means or force likely
10 to produce serious bodily injury.]
11 (a) Definitions.--As used in this section the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Aggravated assault." The offense defined in section
15 2702(a)(1) (relating to aggravated assault)
16 "Assault." The offense defined in section 2701 (relating to
17 simple assault).
18 "Prison." Any local or county detention facility, jail or
19 prison or any State penal or correctional institution or other
20 State penal or correctional facility located within this
21 Commonwealth.
22 "Prisoner." A person detained at any prison or who is
23 undergoing transportation to or from a prison or who has escaped
24 from a prison.
25 (b) Offenses.--
26 (1) Any prisoner who commits an assault upon a non-
27 prisoner shall be guilty of a misdemeanor of the first degree
28 and shall be sentenced to imprisonment for a term of at least
29 two years.
30 (2) Any prisoner who commits an aggravated assault upon
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1 a non-prisoner shall be guilty of a felony of the second
2 degree and shall be sentenced to imprisonment for a term of
3 at least four years.
4 (3) Any prisoner who commits an assault upon another
5 prisoner shall be guilty of a misdemeanor of the first degree
6 and shall be sentenced to imprisonment for a term of at least
7 one year.
8 (4) Any prisoner who commits an aggravated assault upon
9 another prisoner shall be guilty of a felony of the second
10 degree shall be sentenced to imprisonment for a term of at
11 least three years.
12 (c) Sentencing.--Terms of imprisonment imposed for offenses
13 under this section shall be served consecutively with any other
14 term or terms imposed or to be served and not concurrent with
15 any term.
16 Section 2. This act shall take effect in 60 days.
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