Bill Text: PA HB2336 | 2009-2010 | Regular Session | Introduced

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Bill Title: Expanding provisions relating to sentence for murder, murder of unborn child and murder of law enforcement officer, criminal homicide of law enforcement officer and assault of law enforcement officer to include first responders; imposing penalties; and further providing for sentences for offenses committed against law enforcement officer.

Spectrum: Slight Partisan Bill (Republican 25-10)

Status: (Introduced - Dead) 2010-03-17 - Referred to JUDICIARY [HB2336 Detail]

Download: Pennsylvania-2009-HB2336-Introduced.html

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PRINTER'S NO. 3383
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2336 Session of2010
INTRODUCED BY PAYNE, BELFANTI, CASORIO, CIVERA, DeWEESE, FAIRCHILD, GABLER, GILLESPIE, GINGRICH, GOODMAN, GROVE, HESS, HICKERNELL, KAUFFMAN, KNOWLES, MILLER, MOUL, MURT, M. O'BRIEN, READSHAW, ROAE, SEIP, SIPTROTH, STERN, SWANGER, TALLMAN, J. TAYLOR, VEREB, VULAKOVICH AND WATSON, MARCH 17, 2010
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2010
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, expanding provisions relating to sentence for
murder, murder of unborn child and murder of law enforcement
officer, criminal homicide of law enforcement officer and
assault of law enforcement officer to include first
responders; imposing penalties; and further providing for
sentences for offenses committed against law enforcement
officer.
It is the intent of the General Assembly that this act
protect the men and women who provide emergency services to our
citizens, devote their lives to saving the lives of others and
perform an extraordinary public service and at times under
extreme conditions, as well as honor those who have paid the
ultimate sacrifice for their dedication and devotion to duty, by
creating specific offenses and strict penalties for those who
commit violence against first responders in the performance of
duty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1102(a), (b) and (c), 2507 and 2702.1 of
Title 18 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 1102. Sentence for murder, murder of unborn child and murder
of law enforcement officer or first responder.
(a) First degree.--
(1) A person who has been convicted of a murder of the
first degree or of murder of a law enforcement officer or
first responder of the first degree shall be sentenced to
death or to a term of life imprisonment in accordance with 42
Pa.C.S. § 9711 (relating to sentencing procedure for murder
of the first degree).
(2) The sentence for a person who has been convicted of
first degree murder of an unborn child shall be the same as
the sentence for murder of the first degree, except that the
death penalty shall not be imposed. This paragraph shall not
affect the determination of an aggravating circumstance under
42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman.
(b) Second degree.--A person who has been convicted of
murder of the second degree, of second degree murder of an
unborn child or of second degree murder of a law enforcement
officer or first responder shall be sentenced to a term of life
imprisonment.
(c) Attempt, solicitation and conspiracy.--Notwithstanding
section 1103(1) (relating to sentence of imprisonment for
felony), a person who has been convicted of attempt,
solicitation or conspiracy to commit murder, murder of an unborn
child or murder of a law enforcement officer or first responder
where serious bodily injury results may be sentenced to a term
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of imprisonment which shall be fixed by the court at not more
than 40 years. Where serious bodily injury does not result, the
person may be sentenced to a term of imprisonment which shall be
fixed by the court at not more than 20 years.
* * *
§ 2507. Criminal homicide of law enforcement officer or first
responder.
(a) Murder of a law enforcement officer of the first
degree.--A person commits murder of a law enforcement officer or
first responder of the first degree who intentionally kills a
law enforcement officer or first responder while in the
performance of duty knowing the victim is a law enforcement
officer or first responder.
(b) Murder of a law enforcement officer of the second
degree.--A person commits murder of a law enforcement officer or
first responder of the second degree who engages as a principal
or an accomplice in the perpetration of a felony during which a
law enforcement officer or first responder is killed while in
the performance of duty.
(c) Manslaughter of a law enforcement officer in the first
degree.--A person commits a felony in the first degree who does
any of the following:
(1) Without lawful justification kills a law enforcement
officer or first responder while in the performance of duty
and with knowledge that the victim was a law enforcement
officer or first responder, if at the time of the killing:
(i) the person is acting under a sudden and intense
passion resulting from serious provocation by the victim
killed; or
(ii) the person is acting under a sudden and intense
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passion resulting from serious provocation by another
individual whom the actor endeavors to kill, but the
person negligently or accidentally causes the death of
the victim.
(2) Intentionally or knowingly kills a law enforcement
officer or first responder while in the performance of duty
and with knowledge that the victim was a law enforcement
officer or first responder, if at the time of the killing the
person believes the circumstances to be such that, if they
existed, would justify the killing under Chapter 5 (relating
to general principles of justification), but his belief is
unreasonable.
(d) Manslaughter of a law enforcement officer in the second
degree.--A person commits a felony of the second degree who, as
a direct result of the doing of an unlawful or lawful act in a
reckless or grossly negligent manner, causes the death of a law
enforcement officer or first responder while in the performance
of duty and the person knew or should have known the victim was
a law enforcement officer or first responder.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"First responder." The term includes, but is not limited to:
(1) firefighters;
(2) emergency medical services personnel;
(3) fire marshals; and
(4) fire police.
"Law enforcement officer." This term shall have the same
meaning as the term "peace officer" is given under section 501
(relating to definitions).
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"Perpetration of a felony." As defined under section 2502(d)
(relating to murder).
§ 2702.1. Assault of law enforcement officer or first
responder.
(a) Assault of a law enforcement officer in the first
degree.--A person commits a felony of the first degree who
attempts to cause or intentionally or knowingly causes bodily
injury to a law enforcement officer or first responder, while in
the performance of duty and with knowledge that the victim is a
law enforcement officer, by discharging a firearm.
(b) Penalties.--Notwithstanding section 1103(1) (relating to
sentence of imprisonment for felony), a person convicted under
subsection (a) shall be sentenced to a term of imprisonment
fixed by the court at not more than 40 years.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
["Law enforcement officer." The term shall have the same
meaning as the term "peace officer" is given under section 501
(relating to definitions).]
"Firearm." As defined under 42 Pa.C.S. § 9712(e) (relating
to sentences for offenses committed with firearms).
"First responder." The term includes, but is not limited to:
(1) firefighters,
(2) emergency medical services personnel;
(3) fire marshals; and
(4) fire police.
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" is given under section 501
(relating to definitions).
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Section 2. Section 9719.1 of Title 42 is amended to read:
§ 9719.1. Sentences for offenses committed against law
enforcement officer or first responder.
(a) Mandatory sentence.--A person convicted of the following
offense shall be sentenced to a mandatory term of imprisonment
as follows:
18 Pa.C.S. § 2702.1(a) (relating to assault of law
enforcement officer or first responder) - not less than 20
years.
(b) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place such offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(c) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"First responder." The term includes, but is not limited to:
(1) firefighters;
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(2) emergency medical services personnel;
(3) fire marshals; and
(4) fire police.
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" is given under 18 Pa.C.S. §
501 (relating to definitions).
Section 3. This act shall take effect in 60 days.
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