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A00353
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
103
Session of
2021
INTRODUCED BY SCHMITT, BOBACK, MIZGORSKI, IRVIN, JAMES, ROTHMAN,
STRUZZI, MILLARD, CIRESI, BROOKS, KAUFFMAN, ZIMMERMAN,
GAYDOS, HERSHEY, MOUL, JOZWIAK AND SANKEY, JANUARY 11, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 11, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of harassment of law enforcement officer; and imposing
penalties.
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 a section to read:
ยง 2703.2 Harassment of law enforcement officer.
(a) Offense defined.--Except as provided in sections 2703
(relating to assault by prisoner), 2703.1 (relating to
aggravated harassment by prisoner) and 2704 (relating to assault
by life prisoner), a person is guilty of harassment of law
enforcement officer if the person intentionally or knowingly
causes or attempts to cause a law enforcement officer , while
performing his or her duties as a law enforcement officer, to
come into contact with blood, seminal fluid, saliva, urine or
feces by throwing, tossing, spitting or expelling such fluid or
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material.
(b) Grading.--An offense under this section is a felony of
the third degree if, at the time of the offense, the person
knew, had reason to know, should have known or believed such
fluid or material to have been obtained from an individual,
including the person charged under this section, infected by a
communicable disease, including, but not limited to, human
immunodeficiency virus (HIV) or hepatitis B. Otherwise, the
offense constitutes a misdemeanor of the first degree.
(c) Definition.--As used in this section, the term "law
enforcement officer" shall have the same meaning as the term
"peace officer" is given under section 501 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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