PRIOR PRINTER'S NO. 993
PRINTER'S NO. 1178
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
814
Session of
2021
INTRODUCED BY YUDICHAK, FLYNN, REGAN, STEFANO, BROWNE,
LANGERHOLC, AUMENT, BAKER, BREWSTER, BOSCOLA, SANTARSIERO AND
PHILLIPS-HILL, JULY 8, 2021
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 26, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, providing for the offense of evading arrest or
detention on foot and for the offense of harming a police
animal while evading arrest or detention.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 5104.2. Evading arrest or detention on foot.
(a) Offense defined.--A person commits an offense if the
person knowingly and intentionally flees on foot from a public
servant attempting to lawfully arrest or detain that person.
(b) Grading.--An offense under this section is:
(1) A felony of the third degree where IF A PERSON FLEES
OR ATTEMPTS TO EVADE ARREST OR DETENTION FOR AN UNDERLYING
OFFENSE THAT CONSTITUTES A FELONY OR MISDEMEANOR AND another
person suffers serious bodily injury as a direct result of a
violation of this section.
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(2) A felony of the first SECOND degree if A PERSON
FLEES OR ATTEMPTS TO EVADE ARREST OR DETENTION FOR AN
UNDERLYING OFFENSE THAT CONSTITUTES A FELONY OR MISDEMEANOR
AND another person suffers death as a direct result of a
violation of this section.
(3) Except as provided under paragraph (1) or (2), a
misdemeanor of the second degree . IF A PERSON FLEES OR
ATTEMPTS TO EVADE ARREST OR DETENTION FOR AN UNDERLYING
OFFENSE THAT CONSTITUTES A FELONY OR MISDEMEANOR.
(4) EXCEPT AS PROVIDED UNDER PARAGRAPH (1), (2) OR (3),
A SUMMARY OFFENSE.
§ 5104.3. Harming a police animal while evading arrest or
detention.
(a) Offense defined.--A person commits an offense if, while
engaging in an act prohibited under section 5104 (relating to
resisting arrest or other law enforcement), 5104.1 (relating to
disarming law enforcement officer) or 5104.2 (relating to
e vading arrest or detention on foot ), the person harms a police
animal as defined in section 5531 (relating to definitions).
(b) Grading.--An offense under this section is:
(1) A felony of the second THIRD degree if the police
animal suffers DEATH OR serious bodily injury.
(2) A felony MISDEMEANOR of the third SECOND degree if
the police animal suffers bodily injury.
Section 2. This act shall take effect in 60 days.
20210SB0814PN1178 - 2 -
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