AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for definitions, for 
3aggravated assault and for criminal trespass.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 103 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended by adding a definition to read:

8§ 103. Definitions.

9Subject to additional definitions contained in subsequent
10provisions of this title which are applicable to specific
11provisions of this part, the following words and phrases when
12used in this title shall have, unless the context clearly
13indicates otherwise, the meanings given to them in this section:

14* * *

15"Private residential rehabilitative institution." The term
16shall have the same meaning as given to it in section 914.1-A(c)
17of the act of March 10, 1949 (P.L.30, No.14), known as the

1Public School Code of 1949.

2* * *

3Section 2. Section 2702(a) <-and (c), (c) and (d) of Title 18,
4amended October 24, 2012 (P.L.1205, No.150), are amended to
5read:

6§ 2702. Aggravated assault.

7(a) Offense defined.--A person is guilty of aggravated
8assault if he:

9(1) attempts to cause serious bodily injury to another,
10or causes such injury intentionally, knowingly or recklessly
11under circumstances manifesting extreme indifference to the
12value of human life;

13(2) attempts to cause or intentionally, knowingly or
14recklessly causes serious bodily injury to any of the
15officers, agents, employees or other persons enumerated in
16subsection (c) or to an employee of an agency, company or
17other entity engaged in public transportation, while in the
18performance of duty;

19(3) attempts to cause or intentionally or knowingly
20causes bodily injury to any of the officers, agents,
21employees or other persons enumerated in subsection (c), in
22the performance of duty;

23(4) attempts to cause or intentionally or knowingly
24causes bodily injury to another with a deadly weapon;

<-25[(5) attempts to cause or intentionally or knowingly
26causes bodily injury to a teaching staff member, school board
27member or other employee, including a student employee, of
28any elementary or secondary publicly-funded educational
29institution, any elementary or secondary private school
30licensed by the Department of Education [or<-], any elementary

1or secondary parochial school <-or private residential 
2rehabilitative institution while acting in the scope of his
3or her employment or because of his or her employment
4relationship to the school;<-]

5(6) attempts by physical menace to put any of the
6officers, agents, employees or other persons enumerated in
7subsection (c), while in the performance of duty, in fear of
8imminent serious bodily injury; or

9(7) uses tear or noxious gas as defined in section
102708(b) (relating to use of tear or noxious gas in labor
11disputes) or uses an electric or electronic incapacitation
12device against any officer, employee or other person
13enumerated in subsection (c) while acting in the scope of his
14employment.

15* * *

16(c) Officers, employees, etc., enumerated.--The officers,
17agents, employees and other persons referred to in subsection
18(a) shall be as follows:

19(1) Police officer.

20(2) Firefighter<-, including a volunteer firefighter and 
21special fire police.

22(3) County adult probation or parole officer.

23(4) County juvenile probation or parole officer.

24(5) An agent of the Pennsylvania Board of Probation and
25Parole.

26(6) Sheriff.

27(7) Deputy sheriff.

28(8) Liquor control enforcement agent.

29(9) Officer or employee of a correctional institution, 
30county jail or prison, juvenile detention center or any other 

1facility to which the person has been ordered by the court 
2pursuant to a petition alleging delinquency under 42 Pa.C.S. 
3Ch. 63 (relating to juvenile matters).

4(10) Judge of any court in the unified judicial system.

5(11) The Attorney General.

6(12) A deputy attorney general.

7(13) A district attorney.

8(14) An assistant district attorney.

9(15) A public defender.

10(16) An assistant public defender.

11(17) A Federal law enforcement official.

12(18) A State law enforcement official.

13(19) A local law enforcement official.

14(20) Any person employed to assist or who assists any
15Federal, State or local law enforcement official.

16(21) Emergency medical services personnel.

17(22) Parking enforcement officer.

18(23) A magisterial district judge.

19(24) A constable.

20(25) A deputy constable.

21(26) A psychiatric aide.

22(27) <-As follows:

23(i) A teaching staff member, a school board member
24or other employee, including a student employee, of any
25elementary or secondary publicly funded educational
26institution, any elementary or secondary private school
27licensed by the Department of Education [or], any
28elementary or secondary parochial school or private 
29residential rehabilitative institution while acting in
30the scope of his or her employment or because of his or

1her employment relationship to the school.

<-2(ii) A crossing guard while acting within the scope
3of his or her official capacity as designated by a
4political subdivision, school entity or police
5department.

6(28) Governor.

7(29) Lieutenant Governor.

8(30) Auditor General.

9(31) State Treasurer.

10(32) Member of the General Assembly.

11(33) An employee of the Department of Environmental
12Protection.

13(34) An individual engaged in the private detective 
14business as defined in section 2(a) and (b) of the act of 
15August 21, 1953 (P.L.1273, No.361), known as The Private 
16Detective Act of 1953.

17(35) An employee or agent of a county children and youth
18social service agency or of the legal representative of such
19agency.

20(36) A public utility employee or an employee of an
21electric cooperative.

22(37) A wildlife conservation officer or deputy wildlife
23conservation officer of the Pennsylvania Game Commission.

24(38) A waterways conservation officer or deputy
25waterways conservation officer of the Pennsylvania Fish and
26Boat Commission.

<-27* * *

<-28(d) Definitions.--As used in this section, the following
29words and phrases shall have the meanings given to them in this
30subsection:

1"Electric or electronic incapacitation device." A portable
2device which is designed or intended by the manufacturer to be
3used, offensively or defensively, to temporarily immobilize or
4incapacitate persons by means of electric pulse or current,
5including devices operated by means of carbon dioxide
6propellant. The term does not include cattle prods, electric
7fences or other electric devices when used in agricultural,
8animal husbandry or food production activities.

9"Emergency medical services personnel." The term includes,
10but is not limited to, doctors, residents, interns, registered
11nurses, licensed practical nurses, nurse aides, ambulance
12attendants and operators, paramedics, emergency medical
13technicians and members of a hospital security force while
14working within the scope of their employment.

15"Public utility employee or an employee of an electric
16cooperative." The term includes all of the following:

17(1) An employee of a public utility.

18(2) An employee of a municipally-owned utility.

19(3) An employee of a cable television company.

20(4) An employee of an electric distribution company.

21(5) An employee of an electric generation company.

22(6) An independent contractor or an employee of an
23independent contractor working on behalf of a cable
24television company, a public utility, a municipally-owned
25utility, an electric distribution company, an electric
26generation company or an electric cooperative.

27(7) An employee of a telecommunications carrier.

28(8) An independent contractor or an employee of an
29independent contractor working on behalf of a
30telecommunications carrier.

1(9) An employee of a telephone or telecommunications
2cooperative.

3(10) An independent contractor or an employee of an
4independent contractor working on behalf of a telephone or
5telecommunications.

6Section 3. Section 3503(d) of Title 18 is amended to read:

7§ 3503. Criminal trespass.

8* * *

9(d) Definition.--As used in this section, the term "school
10grounds" means any building of or grounds of any elementary or
11secondary publicly funded educational institution, any
12elementary or secondary private school licensed by the
13Department of Education, any elementary or secondary parochial
14school, any private residential rehabilitative institution, any
15certified day-care center or any licensed preschool program.

<-16Section 4. This act shall take effect in 60 days.

<-17Section 4. This act shall take effect as follows:

18(1) The following provisions shall take effect
19immediately:

20(i) This section.

21(ii) The amendment of 18 Pa.C.S. § 2702(d).

22(2) The remainder of this act shall take effect in 60
23days.