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HOUSE AMENDED
A05195
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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 27, 2022
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 misdemeanor of the first
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 serious bodily
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injury as a direct result of a violation of this section.
(2) A felony of the second third 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 ) OR 75 PA.C.S. § 3733
(RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER) , 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 third misdemeanor of the first
degree if the police animal suffers death or serious bodily
injury.
(2) A misdemeanor of the second degree if the police
animal suffers bodily injury.
(C) RESTITUTION.--IN A CASE IN WHICH A DEFENDANT IS
CONVICTED OF A VIOLATION UNDER SUBSECTION (A), THE DEFENDANT
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SHALL BE ORDERED TO MAKE RESTITUTION TO THE AGENCY OR INDIVIDUAL
OWNING THE ANIMAL FOR VETERINARY BILLS, FOR REPLACEMENT COSTS OF
THE ANIMAL IF IT IS DISABLED OR KILLED AND FOR THE SALARY OF THE
ANIMAL'S HANDLER FOR THE PERIOD OF TIME THE HANDLER'S SERVICES
ARE LOST TO THE AGENCY.
Section 2. This act shall take effect in 60 days.
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