THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. COSTA, O'NEILL, B. BOYLE, K. BOYLE, BRADFORD, CONKLIN, CREIGHTON, DEASY, DeLUCA, FABRIZIO, FRANKEL, GEIST, GOODMAN, HARKINS, HORNAMAN, MAHONEY, MANN, MATZIE, MICOZZIE, MILLER, MURPHY, MURT, PAYNE, PRESTON, PYLE, READSHAW, SANTARSIERO, STABACK, SWANGER, YOUNGBLOOD, BRIGGS, V. BROWN, M. O'BRIEN, RAVENSTAHL, McGEEHAN, BOBACK, BRENNAN, DAVIS, GIBBONS, PASHINSKI AND KORTZ, JUNE 8, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 21, 2011   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in assault, further providing for the

offense of aggravated assault.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2702(a)(5) and (c)(2) and (27) of Title

18 of the Pennsylvania Consolidated Statutes are amended and

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subsection (d) is amended by adding a definition to read:

§ 2702.  Aggravated assault.

(a)  Offense defined.--A person is guilty of aggravated

assault if he:

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(5)  attempts to cause or intentionally or knowingly

causes bodily injury to a teaching staff member, school board

member or other employee, including a student employee, of

any elementary or secondary publicly-funded educational

institution, any elementary or secondary private school

licensed by the Department of Education or any elementary or

secondary parochial school while acting in the scope of his

or her employment or because of his or her employment

relationship to the school, or a crossing guard while acting

in the scope of his or her official capacity as designated by

a political subdivision, school entity or police department;

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

agents, employees and other persons referred to in subsection

(a) shall be as follows:

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(2)  Firefighter, including volunteer firefighters and

special fire police.

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

other employee, including a student employee, of any

elementary or secondary publicly funded educational

institution, any elementary or secondary private school

licensed by the Department of Education or any elementary or

secondary parochial school while acting in the scope of his

or her employment or because of his or her employment

relationship to the school, or a crossing guard while acting

in the scope of his or her official capacity as designated by

a political subdivision, school entity or police department.

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Section 2.  This act shall take effect in 60 days.

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(d)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

subsection:

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"Public utility employee or an employee of an electric

cooperative."  The term includes all of the following:

(1)  An employee of a public utility.

(2)  An employee of a municipally owned utility.

(3)  An employee of a cable television company.

(4)  An employee of an electric distribution company.

(5)  An employee of an electric generation company.

(6)  An independent contractor or an employee of an

independent contractor working on behalf of a cable

television company, a public utility, a municipally owned

utility, an electric distribution company, an electric

generation company or an electric cooperative.

(7)  An employee of a telecommunications carrier.

(8)  An independent contractor or an employee of an

independent contractor working on behalf of a

telecommunications carrier.

(9)  An employee of a telephone or telecommunications

cooperative.

(10)  An independent contractor or an employee of an

independent contractor working on behalf of a telephone or

telecommunications cooperative.

Section 2.  This act shall take effect as follows:

(1)  The following provisions shall take effect

immediately:

(i)  The addition of the definition of "public

utility employee or an employee of an electric

cooperative" in 18 Pa.C.S. § 2702(d).

(ii)  This section.

(2)  The remainder of this act shall take effect in 60

days.