A04053
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
257
Session of
2019
INTRODUCED BY METZGAR, READSHAW, SNYDER, KAUFFMAN, BARRAR,
IRVIN, OBERLANDER, SAYLOR, DeLUCA, TOPPER, REESE, GOODMAN,
GILLEN AND MASSER, JANUARY 29, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of assault by prisoner.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2703(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 2703. Assault by prisoner.
* * *
(a.1) Penalties.--A person convicted under subsection (a) or
section 2702(a) (relating to aggravated assault) where the
victim is a detention facility or correctional facility employee
shall be sentenced to a term of imprisonment for not less than
five years and to pay a fine of $5,000 against the inmate's
account under 61 Pa.C.S. § 3124 (relating to inmates accounts).
(b) Consecutive sentences.--The court shall order that any
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sentence imposed for a violation of subsection (a)[, or any
sentence imposed for a violation of section 2702(a) [(relating
to aggravated assault)] where the victim is a detention facility
or correctional facility employee, be served consecutively with
the person's current sentence.] OR ANY OF THE FOLLOWING OFFENSES
BY A PERSON WHO IS CONFINED IN OR COMMITTED TO ANY LOCAL OR
COUNTY DETENTION FACILITY, JAIL OR PRISON OR ANY STATE PENAL OR
CORRECTIONAL INSTITUTION OR OTHER STATE PENAL OR CORRECTIONAL
FACILITY LOCATED IN THIS COMMONWEALTH, INCLUDING AN ATTEMPT,
SOLICITATION OR CONSPIRACY TO COMMIT ANY OF THE FOLLOWING
OFFENSES, WHERE THE VICTIM IS A DETENTION FACILITY OR
CORRECTIONAL FACILITY EMPLOYEE BE SERVED CONSECUTIVELY WITH THE
PERSON'S CURRENT SENTENCE:
SECTION 2501 (RELATING TO CRIMINAL HOMICIDE).
SECTION 2702 (RELATING TO AGGRAVATED ASSAULT).
SECTION 2703.1 (RELATING TO AGGRAVATED HARASSMENT BY
PRISONER).
SECTION 2704 (RELATING TO ASSAULT BY LIFE PRISONER).
SECTION 2706 (RELATING TO TERRORISTIC THREATS).
SECTION 2718 (RELATING TO STRANGULATION).
SECTION 3121 (RELATING TO RAPE).
SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
INTERCOURSE).
SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).
SECTION 3124.2 (RELATING TO INSTITUTIONAL SEXUAL
ASSAULT).
SECTION 3125 (RELATING TO AGGRAVATED INDECENT ASSAULT).
SECTION 3126 (RELATING TO INDECENT ASSAULT).
Section 2. This act shall take effect in 60 days.
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