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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KILLION, BARRAR, CALTAGIRONE, D. COSTA, J. EVANS, FLECK, GINGRICH, GODSHALL, HENNESSEY, MANN, MICOZZIE, STEVENSON, VULAKOVICH AND REICHLEY, JANUARY 25, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2011 |
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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 definitions, for |
3 | aggravated assault and for criminal trespass. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 103 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a definition to read: |
8 | § 103. Definitions. |
9 | Subject to additional definitions contained in subsequent |
10 | provisions of this title which are applicable to specific |
11 | provisions of this part, the following words and phrases when |
12 | used in this title shall have, unless the context clearly |
13 | indicates otherwise, the meanings given to them in this section: |
14 | * * * |
15 | "Private residential rehabilitative institution." The term |
16 | shall have the same meaning as given to it in section 914.1-A(c) |
17 | of the act of March 10, 1949 (P.L.30, No.14), known as the |
18 | Public School Code of 1949. |
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1 | * * * |
2 | Section 2. Sections 2702(a) and (c) and 3503(d) of Title 18 |
3 | are amended to read: |
4 | § 2702. Aggravated assault. |
5 | (a) Offense defined.--A person is guilty of aggravated |
6 | assault if he: |
7 | (1) attempts to cause serious bodily injury to another, |
8 | or causes such injury intentionally, knowingly or recklessly |
9 | under circumstances manifesting extreme indifference to the |
10 | value of human life; |
11 | (2) attempts to cause or intentionally, knowingly or |
12 | recklessly causes serious bodily injury to any of the |
13 | officers, agents, employees or other persons enumerated in |
14 | subsection (c) or to an employee of an agency, company or |
15 | other entity engaged in public transportation, while in the |
16 | performance of duty; |
17 | (3) attempts to cause or intentionally or knowingly |
18 | causes bodily injury to any of the officers, agents, |
19 | employees or other persons enumerated in subsection (c), in |
20 | the performance of duty; |
21 | (4) attempts to cause or intentionally or knowingly |
22 | causes bodily injury to another with a deadly weapon; |
23 | (5) attempts to cause or intentionally or knowingly |
24 | causes bodily injury to a teaching staff member, school board |
25 | member or other employee, including a student employee, of |
26 | any elementary or secondary publicly-funded educational |
27 | institution, any elementary or secondary private school |
28 | licensed by the Department of Education [or], any elementary |
29 | or secondary parochial school or private residential |
30 | rehabilitative institution while acting in the scope of his |
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1 | or her employment or because of his or her employment |
2 | relationship to the school; |
3 | (6) attempts by physical menace to put any of the |
4 | officers, agents, employees or other persons enumerated in |
5 | subsection (c), while in the performance of duty, in fear of |
6 | imminent serious bodily injury; or |
7 | (7) uses tear or noxious gas as defined in section |
8 | 2708(b) (relating to use of tear or noxious gas in labor |
9 | disputes) or uses an electric or electronic incapacitation |
10 | device against any officer, employee or other person |
11 | enumerated in subsection (c) while acting in the scope of his |
12 | employment. |
13 | * * * |
14 | (c) Officers, employees, etc., enumerated.--The officers, |
15 | agents, employees and other persons referred to in subsection |
16 | (a) shall be as follows: |
17 | (1) Police officer. |
18 | (2) Firefighter. |
19 | (3) County adult probation or parole officer. |
20 | (4) County juvenile probation or parole officer. |
21 | (5) An agent of the Pennsylvania Board of Probation and |
22 | Parole. |
23 | (6) Sheriff. |
24 | (7) Deputy sheriff. |
25 | (8) Liquor control enforcement agent. |
26 | (9) Officer or employee of a correctional institution, |
27 | county jail or prison, juvenile detention center or any other |
28 | facility to which the person has been ordered by the court |
29 | pursuant to a petition alleging delinquency under 42 Pa.C.S. |
30 | Ch. 63 (relating to juvenile matters). |
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1 | (10) Judge of any court in the unified judicial system. |
2 | (11) The Attorney General. |
3 | (12) A deputy attorney general. |
4 | (13) A district attorney. |
5 | (14) An assistant district attorney. |
6 | (15) A public defender. |
7 | (16) An assistant public defender. |
8 | (17) A Federal law enforcement official. |
9 | (18) A State law enforcement official. |
10 | (19) A local law enforcement official. |
11 | (20) Any person employed to assist or who assists any |
12 | Federal, State or local law enforcement official. |
13 | (21) Emergency medical services personnel. |
14 | (22) Parking enforcement officer. |
15 | (23) A magisterial district judge. |
16 | (24) A constable. |
17 | (25) A deputy constable. |
18 | (26) A psychiatric aide. |
19 | (27) A teaching staff member, a school board member or |
20 | other employee, including a student employee, of any |
21 | elementary or secondary publicly funded educational |
22 | institution, any elementary or secondary private school |
23 | licensed by the Department of Education [or], any elementary |
24 | or secondary parochial school or private residential |
25 | rehabilitative institution while acting in the scope of his |
26 | or her employment or because of his or her employment |
27 | relationship to the school. |
28 | (28) Governor. |
29 | (29) Lieutenant Governor. |
30 | (30) Auditor General. |
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1 | (31) State Treasurer. |
2 | (32) Member of the General Assembly. |
3 | (33) An employee of the Department of Environmental |
4 | Protection. |
5 | (34) An individual engaged in the private detective |
6 | business as defined in section 2(a) and (b) of the act of |
7 | August 21, 1953 (P.L.1273, No.361), known as The Private |
8 | Detective Act of 1953. |
9 | (35) An employee or agent of a county children and youth |
10 | social service agency or of the legal representative of such |
11 | agency. |
12 | (36) A public utility employee or an employee of an |
13 | electric cooperative. |
14 | * * * |
15 | § 3503. Criminal trespass. |
16 | * * * |
17 | (d) Definition.--As used in this section, the term "school |
18 | grounds" means any building of or grounds of any elementary or |
19 | secondary publicly funded educational institution, any |
20 | elementary or secondary private school licensed by the |
21 | Department of Education, any elementary or secondary parochial |
22 | school, any private residential rehabilitative institution, any |
23 | certified day-care center or any licensed preschool program. |
24 | Section 3. This act shall take effect in 60 days. |
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