PRIOR PRINTER'S NOS. 677, 1282 PRINTER'S NO. 1324
No. 623 Session of 2007
INTRODUCED BY GREENLEAF, BOSCOLA, RAFFERTY, STACK, BROWNE,
O'PAKE, PUNT, TOMLINSON, WAUGH, FOLMER, RHOADES, ERICKSON,
LOGAN, WOZNIAK AND WONDERLING, MARCH 21, 2007
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JULY 14, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining "corrections officer";
3 further providing for use of force in law enforcement; in
4 theft and related offenses, defining "firearm"; and providing
5 for firearm tracing.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 501 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended by adding a definition to read:
10 § 501. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this chapter which are applicable to specific
13 provisions of this chapter, the following words and phrases,
14 when used in this chapter shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Corrections officer." A full-time employee assigned to the
18 Department of Corrections whose principal duty is the care,
19 custody and control of inmates of a penal or correctional
1 institution operated by the Department of Corrections.
2 * * *
3 Section 2. Section 508(c) of Title 18 is amended to read:
4 § 508. Use of force in law enforcement.
5 * * *
6 (c) Use of force [to prevent] regarding escape.--
7 (1) A peace officer, corrections officer or other person
8 who has an arrested or convicted person in his custody is
9 justified in the use of such force to prevent the escape of
10 the [arrested] person from custody as [he] the officer or
11 other person would be justified in using under subsection (a)
12 if [he] the officer or other person were arresting [such] the
13 person.
14 (2) A [guard or other] peace officer or corrections
15 officer is justified in the use of such force, including
16 deadly force, which [he] the officer believes to be necessary
17 to prevent the escape from a correctional institution of a
18 person whom the officer believes to be lawfully detained in
19 such institution under sentence for an offense or awaiting
20 trial or commitment for an offense.
21 (3) A corrections officer is justified in the use of
22 such force, which the officer believes to be necessary to
23 defend himself or another from bodily harm during the pursuit
24 of the escaped person. However, the officer is justified in
25 using deadly force only when the officer believes that such
26 force is necessary to prevent death or serious bodily injury
27 to himself or another, or when the officer believes that:
28 (i) such force is necessary to prevent the
29 apprehension from being defeated by resistance; and
30 (ii) the escaped person has been convicted of
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1 committing or attempting to commit a forcible felony,
2 possesses a deadly weapon, or otherwise indicates that he
3 will endanger human life or inflict serious bodily injury
4 unless apprehended without delay.
5 * * *
6 Section 3. Section 3901 of Title 18 is amended by adding a
7 definition to read:
8 § 3901. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this chapter which are applicable to specific
11 provisions of this chapter, the following words and phrases when
12 used in this chapter shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 * * *
15 "Firearm." Any weapon that is designed to or may readily be
16 converted to expel any projectile by the action of an explosive
17 or the frame or receiver of any such weapon.
18 * * *
19 Section 4. Title 18 is amended by adding a section to read:
20 § 6127. Firearm tracing.
21 (a) Illegal possession.--Upon recovering a firearm from the
22 possession of anyone under 21 years of age who is not permitted
23 by Federal or State law to possess a firearm, a local law
24 enforcement agency shall use the best available information,
25 including a firearms trace where necessary, to determine how and
26 from where the person under 21 years of age gained possession of
27 the firearm.
28 (b) Tracing.--Local law enforcement shall use the National
29 Tracing Center of the Federal Bureau of Alcohol, Tobacco and
30 Firearms in complying with subsection (a).
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1 (c) Notification.--Local law enforcement agencies shall
2 advise the Pennsylvania State Police of all firearms that are
3 recovered in accordance with this section.
4 (d) Registry.--The Pennsylvania State Police shall maintain <--
5 a registry of all information reported in accordance with this
6 section.
7 Section 5. This act shall take effect in 60 days.
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