HOUSE AMENDED

PRIOR PRINTER'S NOS. 1596, 1613, 1638 PRINTER'S NO. 2134

SENATE BILL 1313

Session of 1995

INTRODUCED BY TOMLINSON, MUSTO, SALVATORE, HELFRICK, O'PAKE, PORTERFIELD,
GERLACH, STAPLETON, BELL, RHOADES,
BRIGHTBILL, KASUNIC, WENGER, HECKLER, MADIGAN, WILLIAMS, ULIANA AND JUBELIRER,
NOVEMBER 21, 1995

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED,
JUNE 18, 1996

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated
Statutes, further providing for
aggravated assault on emergency medical health care workers.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as
follows:

Section 1. Section 2702 of Title 18 of the Pennsylvania Consolidated Statutes,
AMENDED FEBRUARY 23, 1996
(P.L.17, NO.7), is amended to read:

 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, OTHER EMPLOYEE OR STUDENT OF ANY ELEMENTARY OR SECONDARY
 PUBLICLYFUNDED EDUCATIONAL INSTITUTION,
 ANY ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE DEPARTMENT OF
 EDUCATION OR ANY ELEMENTARY OR
 SECONDARY PAROCHIAL SCHOOL WHILE ACTING IN THE SCOPE OF HIS OR HER EMPLOYMENT
 OR BECAUSE OF HIS OR HER
 EMPLOYMENT RELATIONSHIP TO THE SCHOOL; OR

 (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.

 (B) GRADING.AGGRAVATED ASSAULT UNDER SUBSECTION (A)(1) AND (2) IS A FELONY OF
 THE FIRST DEGREE. AGGRAVATED
 ASSAULT UNDER SUBSECTION (A)(3), (4), (5) AND (6) IS A FELONY OF THE SECOND
 DEGREE.

 (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.

 (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 DISTRICT JUSTICE.

 (24) A CONSTABLE.

 (25) A DEPUTY CONSTABLE.

 (26) A PSYCHIATRIC AIDE.

 (D) DEFINITION.AS USED IN THIS SECTION, THE TERM "EMERGENCY MEDICAL SERVICES
 PERSONNEL" INCLUDES, BUT IS NOT
 LIMITED TO, DOCTORS, RESIDENTS, INTERNS, REGISTERED NURSES, LICENSED
 PRACTICAL NURSES, NURSE AIDES, AMBULANCE
 ATTENDANTS AND OPERATORS, PARAMEDICS, EMERGENCY MEDICAL TECHNICIANS AND
 MEMBERS OF A HOSPITAL SECURITY FORCE
 WHILE WORKING WITHIN THE SCOPE OF THEIR EMPLOYMENT.

 Section 2. This act shall take effect in 60 days.