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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KILLION, BARRAR, BRENNAN, CHRISTIANA, DALLY, DePASQUALE, FAIRCHILD, GALLOWAY, GINGRICH, GODSHALL, GROVE, HARHART, HENNESSEY, MAJOR, MANN, MARKOSEK, MARSHALL, MICOZZIE, MUSTIO, O'NEILL, PASHINSKI, REICHLEY, SAYLOR, SIPTROTH, SOLOBAY, STEVENSON, R. TAYLOR, TRUE, VULAKOVICH AND YUDICHAK, JULY 22, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JULY 22, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offenses of |
3 | possession of weapons, aggravated assault, criminal trespass |
4 | and solicitation of minors at private residential |
5 | rehabilitative institutions. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 912(b), 2702(a) and (c), 3503(d), |
9 | 6317(a) and 6319(c) of Title 18 of the Pennsylvania Consolidated |
10 | Statutes are amended to read: |
11 | § 912. Possession of weapon on school property. |
12 | * * * |
13 | (b) Offense defined.--A person commits a misdemeanor of the |
14 | first degree if he possesses a weapon in the buildings of, on |
15 | the grounds of, or in any conveyance providing transportation to |
16 | or from any elementary or secondary publicly-funded educational |
17 | institution, any elementary or secondary private school licensed |
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1 | by the Department of Education or any elementary or secondary |
2 | parochial school or private residential rehabilitative |
3 | institution. |
4 | * * * |
5 | § 2702. Aggravated assault. |
6 | (a) Offense defined.--A person is guilty of aggravated |
7 | assault if he: |
8 | (1) attempts to cause serious bodily injury to another, |
9 | or causes such injury intentionally, knowingly or recklessly |
10 | under circumstances manifesting extreme indifference to the |
11 | value of human life; |
12 | (2) attempts to cause or intentionally, knowingly or |
13 | recklessly causes serious bodily injury to any of the |
14 | officers, agents, employees or other persons enumerated in |
15 | subsection (c) or to an employee of an agency, company or |
16 | other entity engaged in public transportation, while in the |
17 | performance of duty; |
18 | (3) attempts to cause or intentionally or knowingly |
19 | causes bodily injury to any of the officers, agents, |
20 | employees or other persons enumerated in subsection (c), in |
21 | the performance of duty; |
22 | (4) attempts to cause or intentionally or knowingly |
23 | causes bodily injury to another with a deadly weapon; |
24 | (5) attempts to cause or intentionally or knowingly |
25 | causes bodily injury to a teaching staff member, school board |
26 | member or other employee, including a student employee, of |
27 | any elementary or secondary publicly-funded educational |
28 | institution, any elementary or secondary private school |
29 | licensed by the Department of Education [or], any elementary |
30 | or secondary parochial school or private residential |
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1 | rehabilitative institution while acting in the scope of his |
2 | or her employment or because of his or her employment |
3 | relationship to the school; |
4 | (6) attempts by physical menace to put any of the |
5 | officers, agents, employees or other persons enumerated in |
6 | subsection (c), while in the performance of duty, in fear of |
7 | imminent serious bodily injury; or |
8 | (7) uses tear or noxious gas as defined in section |
9 | 2708(b) (relating to use of tear or noxious gas in labor |
10 | disputes) or uses an electric or electronic incapacitation |
11 | device against any officer, employee or other person |
12 | enumerated in subsection (c) while acting in the scope of his |
13 | employment. |
14 | * * * |
15 | (c) Officers, employees, etc., enumerated.--The officers, |
16 | agents, employees and other persons referred to in subsection |
17 | (a) shall be as follows: |
18 | (1) Police officer. |
19 | (2) Firefighter. |
20 | (3) County adult probation or parole officer. |
21 | (4) County juvenile probation or parole officer. |
22 | (5) An agent of the Pennsylvania Board of Probation and |
23 | Parole. |
24 | (6) Sheriff. |
25 | (7) Deputy sheriff. |
26 | (8) Liquor control enforcement agent. |
27 | (9) Officer or employee of a correctional institution, |
28 | county jail or prison, juvenile detention center or any other |
29 | facility to which the person has been ordered by the court |
30 | pursuant to a petition alleging delinquency under 42 Pa.C.S. |
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1 | Ch. 63 (relating to juvenile matters). |
2 | (10) Judge of any court in the unified judicial system. |
3 | (11) The Attorney General. |
4 | (12) A deputy attorney general. |
5 | (13) A district attorney. |
6 | (14) An assistant district attorney. |
7 | (15) A public defender. |
8 | (16) An assistant public defender. |
9 | (17) A Federal law enforcement official. |
10 | (18) A State law enforcement official. |
11 | (19) A local law enforcement official. |
12 | (20) Any person employed to assist or who assists any |
13 | Federal, State or local law enforcement official. |
14 | (21) Emergency medical services personnel. |
15 | (22) Parking enforcement officer. |
16 | (23) A magisterial district judge. |
17 | (24) A constable. |
18 | (25) A deputy constable. |
19 | (26) A psychiatric aide. |
20 | (27) A teaching staff member, a school board member or |
21 | other employee, including a student employee, of any |
22 | elementary or secondary publicly funded educational |
23 | institution, any elementary or secondary private school |
24 | licensed by the Department of Education [or], any elementary |
25 | or secondary parochial school or private residential |
26 | rehabilitative institution while acting in the scope of his |
27 | or her employment or because of his or her employment |
28 | relationship to the school. |
29 | (28) Governor. |
30 | (29) Lieutenant Governor. |
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1 | (30) Auditor General. |
2 | (31) State Treasurer. |
3 | (32) Member of the General Assembly. |
4 | (33) An employee of the Department of Environmental |
5 | Protection. |
6 | (34) An individual engaged in the private detective |
7 | business as defined in section 2(a) and (b) of the act of |
8 | August 21, 1953 (P.L.1273, No.361), known as The Private |
9 | Detective Act of 1953. |
10 | (35) An employee or agent of a county children and youth |
11 | social service agency or of the legal representative of such |
12 | agency. |
13 | (36) A public utility employee or an employee of an |
14 | electric cooperative. |
15 | * * * |
16 | § 3503. Criminal trespass. |
17 | * * * |
18 | (d) Definition.--As used in this section, the term "school |
19 | grounds" means any building of or grounds of any elementary or |
20 | secondary publicly funded educational institution, any |
21 | elementary or secondary private school licensed by the |
22 | Department of Education, any elementary or secondary parochial |
23 | school, any private residential rehabilitative institution, any |
24 | certified day-care center or any licensed preschool program. |
25 | § 6317. Drug-free school zones. |
26 | (a) General rule.--A person 18 years of age or older who is |
27 | convicted in any court of this Commonwealth of a violation of |
28 | section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, |
29 | No.64), known as The Controlled Substance, Drug, Device and |
30 | Cosmetic Act, shall, if the delivery or possession with intent |
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1 | to deliver of the controlled substance occurred within 1,000 |
2 | feet of the real property on which is located a public, private |
3 | or parochial school, private residential rehabilitative |
4 | institution or a college or university or within 250 feet of the |
5 | real property on which is located a recreation center or |
6 | playground or on a school bus, be sentenced to a minimum |
7 | sentence of at least two years of total confinement, |
8 | notwithstanding any other provision of this title, The |
9 | Controlled Substance, Drug, Device and Cosmetic Act or other |
10 | statute to the contrary. The maximum term of imprisonment shall |
11 | be four years for any offense: |
12 | (1) subject to this section; and |
13 | (2) for which The Controlled Substance, Drug, Device and |
14 | Cosmetic Act provides for a maximum term of imprisonment of |
15 | less than four years. |
16 | If the sentencing court finds that the delivery or possession |
17 | with intent to deliver was to an individual under 18 years of |
18 | age, then this section shall not be applicable and the offense |
19 | shall be subject to section 6314 (relating to sentencing and |
20 | penalties for trafficking drugs to minors). |
21 | * * * |
22 | § 6319. Solicitation of minors to traffic drugs. |
23 | * * * |
24 | (c) Definition.--As used in this section, the term "drug- |
25 | free school zone" means the area within 1,000 feet of the real |
26 | property on which is located a public, private or parochial |
27 | school, private residential rehabilitative institution or a |
28 | college or university. The term also includes a school bus or |
29 | the area within 500 feet of a school bus stop. |
30 | Section 2. This act shall take effect in 60 days. |
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