PRIOR PRINTER'S NO. 1691

PRINTER'S NO.  1968

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1417

Session of

2011

  

  

INTRODUCED BY STABACK, CARROLL, D. COSTA, DENLINGER, DeWEESE, EVERETT, GABLER, GERGELY, GIBBONS, GILLESPIE, GRELL, HARHAI, HARKINS, HARRIS, HESS, KAVULICH, KOTIK, KULA, MAHONEY, MANN, MILLARD, MILLER, MULLERY, MURT, MYERS, PAYNE, PEIFER, PETRARCA, PYLE, READSHAW, K. SMITH, SWANGER, TALLMAN, VULAKOVICH, WHITE AND MALONEY, APRIL 28, 2011

  

  

AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 25, 2011   

  

  

  

AN ACT

  

1

Amending Titles 18 (Crimes and Offenses), 30 (Fish) and 34

2

(Game) of the Pennsylvania Consolidated Statutes, in assault,

3

further providing for the offense of aggravated assault; in

4

enforcement, further providing for interference with officers

5

of the Pennsylvania Game Commission and of the Pennsylvania

6

Fish and Boat Commission; providing for the offense of

7

assaulting an officer; further providing for jurisdiction and

8

penalties and for disposition of fines and penalties; and, in

9

game or wildlife protection, further providing for killing

10

game or wildlife to protect person, for unlawful importation

11

of game or wildlife and, for unlawful taking and possession

<--

12

of protected birds, for possession or interference with

<--

13

active nests or eggs of birds, for unlawful sale of protected

14

birds and plumage and for hunting or furtaking prohibited

15

while under influence of alcohol or controlled substance.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

Section 1.  Section 2702(c) of Title 18 of the Pennsylvania

19

Consolidated Statutes is amended to read:

20

§ 2702.  Aggravated assault.

21

* * *

22

(c)  Officers, employees, etc., enumerated.--The officers,

 


1

agents, employees and other persons referred to in subsection

2

(a) shall be as follows:

3

(1)  Police officer.

4

(2)  Firefighter.

5

(3)  County adult probation or parole officer.

6

(4)  County juvenile probation or parole officer.

7

(5)  An agent of the Pennsylvania Board of Probation and

8

Parole.

9

(6)  Sheriff.

10

(7)  Deputy sheriff.

11

(8)  Liquor control enforcement agent.

12

(9)  Officer or employee of a correctional institution,

13

county jail or prison, juvenile detention center or any other

14

facility to which the person has been ordered by the court

15

pursuant to a petition alleging delinquency under 42 Pa.C.S.

16

Ch. 63 (relating to juvenile matters).

17

(10)  Judge of any court in the unified judicial system.

18

(11)  The Attorney General.

19

(12)  A deputy attorney general.

20

(13)  A district attorney.

21

(14)  An assistant district attorney.

22

(15)  A public defender.

23

(16)  An assistant public defender.

24

(17)  A Federal law enforcement official.

25

(18)  A State law enforcement official.

26

(19)  A local law enforcement official.

27

(20)  Any person employed to assist or who assists any

28

Federal, State or local law enforcement official.

29

(21)  Emergency medical services personnel.

30

(22)  Parking enforcement officer.

- 2 -

 


1

(23)  A magisterial district judge.

2

(24)  A constable.

3

(25)  A deputy constable.

4

(26)  A psychiatric aide.

5

(27)  A teaching staff member, a school board member or

6

other employee, including a student employee, of any

7

elementary or secondary publicly funded educational

8

institution, any elementary or secondary private school

9

licensed by the Department of Education or any elementary or

10

secondary parochial school while acting in the scope of his

11

or her employment or because of his or her employment

12

relationship to the school.

13

(28)  Governor.

14

(29)  Lieutenant Governor.

15

(30)  Auditor General.

16

(31)  State Treasurer.

17

(32)  Member of the General Assembly.

18

(33)  An employee of the Department of Environmental

19

Protection.

20

(34)  An individual engaged in the private detective

21

business as defined in section 2(a) and (b) of the act of

22

August 21, 1953 (P.L.1273, No.361), known as The Private

23

Detective Act of 1953.

24

(35)  An employee or agent of a county children and youth

25

social service agency or of the legal representative of such

26

agency.

27

(36)  A public utility employee or an employee of an

28

electric cooperative.

29

(37)  A wildlife conservation officer or deputy wildlife

30

conservation officer of the Pennsylvania Game Commission.

- 3 -

 


1

(38)  A waterways conservation officer or deputy

2

waterways conservation officer of the Pennsylvania Fish and

3

Boat Commission.

4

* * *

5

Section 2.  Section 904(b) of Title 30 is amended to read:

6

§ 904.  Interference with officers.

7

* * *

8

(b)  [Bodily injury.--Any person who intentionally, knowingly

9

or recklessly attempts to cause or causes serious bodily harm to

10

an officer performing duties under the provisions of this title

11

commits a felony of the second degree] Assaulting an officer.--

12

Assaulting an officer as defined in 18 Pa.C.S. §§ 2702 (relating

13

to aggravated assault) and 2702.1 (relating to assault of law

14

enforcement officer) is an offense under this title and the

15

penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall

16

apply.

17

* * *

18

Section 3.  Title 34 is amended by adding a section to read:

19

§ 905.1.  Assaulting an officer.

20

Assaulting an officer as defined in 18 Pa.C.S. §§ 2702

21

(relating to aggravated assault) and 2702.1 (relating to assault

22

of law enforcement officer) is an offense under this title and

23

the penalties set forth in 18 Pa.C.S. §§ 2702 and 2702.1 shall

24

apply.

25

Section 4.  Sections 925(a), 927(b), 2141(e)(1), 2163(c)(2)

26

and, 2164(d)(2), 2165(b)(2), 2166(b)(2) and 2501(b) of Title 34

<--

27

are amended to read:

28

§ 925.  Jurisdiction and penalties.

29

(a)  Jurisdiction.--Notwithstanding the provisions of Title

30

42 (relating to judiciary and judicial procedure), all

- 4 -

 


1

magisterial district judges shall have jurisdiction for all

2

violations of this title which are classified as summary

3

offenses and may accept guilty pleas and impose sentences for

4

violations of this title classified as ungraded misdemeanors.

5

* * *

6

§ 927.  Disposition of fines and penalties.

7

* * *

8

(b)  Penalty.--A person failing to forward fines in

9

accordance with this section commits a misdemeanor [of the third

10

degree].

11

§ 2141.  Killing game or wildlife to protect person.

12

* * *

13

(e)  Penalties.--A violation of this section relating to:

14

(1)  Threatened or endangered species is a misdemeanor

15

[of the third degree].

16

* * *

17

§ 2163.  Unlawful importation of game or wildlife.

18

* * *

19

(c)  Penalties.--

20

* * *

21

(2)  A violation of this section relating to any

22

endangered or threatened species is a misdemeanor [of the

23

third degree]. Each bird, egg or game or wildlife involved in

24

the violation constitutes a separate offense.

25

* * *

26

§ 2164.  Unlawful taking and possession of protected birds.

27

* * *

28

(d)  Penalties.--

29

* * *

30

(2)  A violation of this section relating to birds which

- 5 -

 


1

are listed as threatened or endangered is, in addition to any

2

other penalties, a misdemeanor [of the third degree].

3

* * *

4

§ 2165.  Possession or interference with active nests or eggs of

<--

5

birds.

6

* * *

7

(b)  Penalties.--

8

* * *

9

(2)  A violation of this section relating to birds which

10

are listed as threatened or endangered is, in addition to any

11

other penalties, a misdemeanor [of the third degree] for each

12

active nest or egg possessed.

13

* * *

14

§ 2166.  Unlawful sale of protected birds and plumage.

15

* * *

16

(b)  Penalties.--

17

* * *

18

(2)  A violation of this section relating to birds which

19

are listed as threatened or endangered is, in addition to any

20

other penalties, a misdemeanor [of the third degree] for each

21

bird or part thereof.

22

* * *

23

§ 2501.  Hunting or furtaking prohibited while under influence

24

of alcohol or controlled substance.

25

* * *

26

(b)  Penalty.--A violation of the provisions of this section

27

shall be a misdemeanor [of the third degree]. In addition to any

28

penalty, the violator shall be denied the right to hunt or trap

29

in this Commonwealth, with or without a license, for a period of

30

one year.

- 6 -

 


1

* * *

2

Section 5.  This act shall take effect in 60 days.

- 7 -