Bill Text: PA HB132 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the offenses of possession of weapons, aggravated assault, criminal trespass and solicitation of minors at private residential rehabilitative institutions.

Spectrum: Moderate Partisan Bill (Republican 20-5)

Status: (Introduced - Dead) 2009-01-30 - Referred to JUDICIARY [HB132 Detail]

Download: Pennsylvania-2009-HB132-Introduced.html

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PRINTER'S NO. 128
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 132 Session of2009
INTRODUCED BY KILLION, GODSHALL, SIPTROTH AND VULAKOVICH, JANUARY 30, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offenses of
possession of weapons, aggravated assault, criminal trespass
and solicitation of minors at private residential
rehabilitative institutions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 912(b), 2702(a) and (c), 3503(d),
6317(a) and 6319(c) of Title 18 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 912. Possession of weapon on school property.
* * *
(b) Offense defined.--A person commits a misdemeanor of the
first degree if he possesses a weapon in the buildings of, on
the grounds of, or in any conveyance providing transportation to
or from any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school licensed
by the Department of Education or any elementary or secondary
parochial school or private residential rehabilitative
institution.
* * *
§ 2702. Aggravated assault.
(a) Offense defined.--A person is guilty of aggravated
assault if he:
(1) attempts to cause serious bodily injury to another,
or causes such injury intentionally, knowingly or recklessly
under circumstances manifesting extreme indifference to the
value of human life;
(2) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to any of the
officers, agents, employees or other persons enumerated in
subsection (c) or to an employee of an agency, company or
other entity engaged in public transportation, while in the
performance of duty;
(3) attempts to cause or intentionally or knowingly
causes bodily injury to any of the officers, agents,
employees or other persons enumerated in subsection (c), in
the performance of duty;
(4) attempts to cause or intentionally or knowingly
causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly
causes bodily injury to a teaching staff member, school board
member or other employee, including a student employee, of
any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school
licensed by the Department of Education [or], any elementary
or secondary parochial school or private residential
rehabilitative institution while acting in the scope of his
or her employment or because of his or her employment
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relationship to the school;
(6) attempts by physical menace to put any of the
officers, agents, employees or other persons enumerated in
subsection (c), while in the performance of duty, in fear of
imminent serious bodily injury; or
(7) uses tear or noxious gas as defined in section
2708(b) (relating to use of tear or noxious gas in labor
disputes) or uses an electric or electronic incapacitation
device against any officer, employee or other person
enumerated in subsection (c) while acting in the scope of his
employment.
* * *
(c) Officers, employees, etc., enumerated.--The officers,
agents, employees and other persons referred to in subsection
(a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and
Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution,
county jail or prison, juvenile detention center or any other
facility to which the person has been ordered by the court
pursuant to a petition alleging delinquency under 42 Pa.C.S.
Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
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(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any
Federal, State or local law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A magisterial district judge.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or
other employee, including a student employee, of any
elementary or secondary publicly funded educational
institution, any elementary or secondary private school
licensed by the Department of Education [or], any elementary
or secondary parochial school or private residential
rehabilitative institution while acting in the scope of his
or her employment or because of his or her employment
relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
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(32) Member of the General Assembly.
(33) An employee of the Department of Environmental
Protection.
(34) An individual engaged in the private detective
business as defined in section 2(a) and (b) of the act of
August 21, 1953 (P.L.1273, No.361), known as The Private
Detective Act of 1953.
(35) An employee or agent of a county children and youth
social service agency or of the legal representative of such
agency.
(36) A public utility employee or an employee of an
electric cooperative.
* * *
§ 3503. Criminal trespass.
* * *
(d) Definition.--As used in this section, the term "school
grounds" means any building of or grounds of any elementary or
secondary publicly funded educational institution, any
elementary or secondary private school licensed by the
Department of Education, any elementary or secondary parochial
school, any private residential rehabilitative institution, any
certified day-care center or any licensed preschool program.
§ 6317. Drug-free school zones.
(a) General rule.--A person 18 years of age or older who is
convicted in any court of this Commonwealth of a violation of
section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, shall, if the delivery or possession with intent
to deliver of the controlled substance occurred within 1,000
feet of the real property on which is located a public, private
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or parochial school, private residential rehabilitative
institution or a college or university or within 250 feet of the
real property on which is located a recreation center or
playground or on a school bus, be sentenced to a minimum
sentence of at least two years of total confinement,
notwithstanding any other provision of this title, The
Controlled Substance, Drug, Device and Cosmetic Act or other
statute to the contrary. The maximum term of imprisonment shall
be four years for any offense:
(1) subject to this section; and
(2) for which The Controlled Substance, Drug, Device and
Cosmetic Act provides for a maximum term of imprisonment of
less than four years.
If the sentencing court finds that the delivery or possession
with intent to deliver was to an individual under 18 years of
age, then this section shall not be applicable and the offense
shall be subject to section 6314 (relating to sentencing and
penalties for trafficking drugs to minors).
* * *
§ 6319. Solicitation of minors to traffic drugs.
* * *
(c) Definition.--As used in this section, the term "drug-
free school zone" means the area within 1,000 feet of the real
property on which is located a public, private or parochial
school, private residential rehabilitative institution or a
college or university. The term also includes a school bus or
the area within 500 feet of a school bus stop.
Section 2. This act shall take effect in 60 days.
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