See other bills
under the
same topic
PRINTER'S NO. 868
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
788
Session of
2019
INTRODUCED BY HEFFLEY, READSHAW, MILLARD, DOWLING, KNOWLES,
B. MILLER, DeLUCA, SIMMONS, NEILSON AND MASSER,
MARCH 12, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 12, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
the Pennsylvania Consolidated Statutes, in falsification and
intimidation, further providing for the offense of
impersonating a public servant; and, in other required
equipment, further providing for visual and audible signals
on emergency vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4912 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4912. Impersonating a public servant.
(a) Offenses defined.--A person commits [a misdemeanor of
the second degree if he falsely] the offense of impersonating a
public servant if:
(1) The person pretends to hold a position in the public
service with intent to induce another to submit to such
pretended official authority or otherwise to act in reliance
upon that pretense [to his prejudice].
(2) The person pretends to be a law enforcement officer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
with intent to induce another to submit to such pretended
official authority or otherwise act in reliance upon that
pretense.
(b) Grading.--
(1) An offense under subsection (a)(1) is a misdemeanor
of the second degree.
(2) An offense under subsection (a)(2) is a felony of
the third degree.
(c) Definition.--As used in this section, the term "law
enforcement officer" means any of the following:
(1) A member of the Pennsylvania State Police.
(2) A liquor enforcement officer of the Pennsylvania
State Police.
(3) An enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(4) A parole agent, enforcement officer or investigator
of the Pennsylvania Board of Probation and Parole.
(5) A Capitol Police officer.
(6) A Department of Conservation and Natural Resources
ranger.
(7) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(8) A member of a port authority or other authority
police department.
(9) A police officer of a county, region, city, borough,
town or township.
(10) A sheriff or deputy sheriff.
20190HB0788PN0868 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(11) A Pennsylvania Waterways Conservation Officer.
(12) A Pennsylvania Wildlife Conservation Officer.
(13) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
(14) A member of the Fort Indiantown Gap Police Force.
(15) A corrections officer employed at a State or county
correctional institution to provide any security or custodial
service for inmates.
(16) A constable or deputy constable.
Section 2. Section 4571 of Title 75 is amended by adding
subsections to read:
§ 4571. Visual and audible signals on emergency vehicles.
* * *
(d.1) Sale of emergency vehicle.--
(1) A seller of an emergency vehicle equipped with
revolving or flashing lights or audible warning systems
identical or similar to those specified in subsections (a)
and (b) shall remove all externally mounted emergency lights
or permanently disable all other nonremovable emergency
lights or systems upon the sale of the vehicle to a buyer who
is not authorized by law or regulation to operate an
emergency vehicle with visual or audible systems.
(2) A person who sells a vehicle equipped with visual or
audible warning systems in violation of this subsection
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of not less than $500 nor more than
20190HB0788PN0868 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
$1,000.
(3) A person who sells a vehicle equipped with visual or
audible warning systems in violation of this subsection who
knows or should have known of the buyer's intent to use the
vehicle in violation of 18 Pa.C.S. § 4912(a)(2) (relating to
impersonating a public servant) commits a misdemeanor of the
third degree.
(d.2) Exceptions.--Subsections (d) and (d.1) shall not apply
to any of the following:
(1) The sale or use of police, fire or other emergency
vehicles for which antique, classic, vintage or collectible
registration plates have been issued under section 1340
(relating to antique, classic and collectible plates) and
which are driven or transported without operation of visual
or audible warning systems.
(2) The sale or use of police, fire or other emergency
vehicles for which manufacturer or dealer registration plates
have been issued under section 1335 (relating to registration
plates for manufacturers and dealers) and which are driven or
transported without operation of visual or audible warning
systems for the purpose of sale, service, demonstration or
exhibition.
(3) The sale or use of a police, fire or other emergency
vehicle by a representative of a manufacturer of aftermarket
emergency vehicle equipment or an upfitter whose primary
income is derived from the sale, service or installation of
emergency vehicle equipment when the vehicle is driven or
transported without operation of visual or audible warning
systems for the purpose of sale, service, demonstration or
exhibition. The vehicle shall be clearly marked as a
20190HB0788PN0868 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
demonstration vehicle.
* * *
Section 3. This act shall take effect in 60 days.
20190HB0788PN0868 - 5 -
1
2
3