PRINTER'S NO. 2830
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2170
Session of
2024
INTRODUCED BY PIELLI, PROBST, DONAHUE, SCHLOSSBERG, SANCHEZ,
BURNS, CONKLIN, DALEY, SHUSTERMAN, GREEN, VENKAT, HILL-EVANS,
KENYATTA, KINSEY AND CURRY, MARCH 28, 2024
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 28, 2024
AN ACT
Amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game)
and 42 (Judiciary and Judicial Procedure) of the Pennsylvania
Consolidated Statutes, in assault, further providing for
assault of law enforcement officer; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2702.1 heading, (a) and (c) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
§ 2702.1. Assault of law enforcement officer or hospital
security officer.
(a) Assault of a law enforcement officer or hospital
security officer.--
(1) 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 hospital security
officer, while in the performance of duty and with knowledge
that the victim is a law enforcement officer or hospital
security officer, by discharging a firearm.
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(2) Except as provided under 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 a felony of the third degree
if the person intentionally or knowingly causes or attempts
to cause a law enforcement officer or hospital security
officer, while in the performance of duty and with knowledge
that the victim is a law enforcement officer or hospital
security officer, to come into contact with blood, seminal
fluid, saliva, urine or feces by throwing, tossing, spitting
or expelling the fluid or material.
(3) A person who commits an offense under paragraph (2)
shall be guilty of a felony of the second degree if:
(i) the person knew, had reason to know, should have
known or believed the fluid or material to have been
obtained from an individual, including the person charged
under this section, infected by a communicable disease
declared reportable by regulation authorized by the act
of April 23, 1956 (1955 P.L.1510, No.500), known as the
Disease Prevention and Control Law of 1955; and
(ii) the communicable disease referenced in
subparagraph (i) is communicable to the law enforcement
officer or hospital security officer by the method used
or attempted to be used to cause the law enforcement
officer or hospital security officer to come into contact
with the blood, seminal fluid, saliva, urine or feces.
* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
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"Hospital security officer." An employee of a hospital
charged with maintaining the safety and secu rity of the property
of the hospital and the individuals on the property.
"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).
Section 2. Section 904(b) of Title 30 is amended to read:
§ 904. Interference with officers.
* * *
(b) Assaulting an officer.--A violation of 18 Pa.C.S. §§
2702 (relating to aggravated assault), that involves a person
listed under 18 Pa.C.S. § 2702(c)(38), and 2702.1 (relating to
assault of law enforcement officer or hospital security officer)
is an offense under this title, and the penalties set forth in
18 Pa.C.S. §§ 2702 and 2702.1 shall apply.
* * *
Section 3. Section 905.1 of Title 34 is amended to read:
§ 905.1. Assaulting an officer.
A violation of 18 Pa.C.S. § 2702 (relating to aggravated
assault), that involves a person listed under 18 Pa.C.S. §§
2702(c)(37), and 2702.1 (relating to assault of law enforcement
officer or hospital security officer) is an offense under this
title, and the penalties set forth in 18 Pa.C.S. §§ 2702 and
2702.1 shall apply.
Section 4. Sections 9714(g) and 9719.1 heading and (a) of
Title 42 are amended to read:
§ 9714. Sentences for second and subsequent offenses.
* * *
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(g) Definition.--As used in this section, the term "crime of
violence" means murder of the third degree, voluntary
manslaughter, manslaughter of a law enforcement officer as
defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
homicide of law enforcement officer), murder of the third degree
involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
(relating to murder of unborn child), aggravated assault of an
unborn child as defined in 18 Pa.C.S. § 2606 (relating to
aggravated assault of unborn child), aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault), assault of law enforcement officer as
defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law
enforcement officer or hospital security officer), use of
weapons of mass destruction as defined in 18 Pa.C.S. § 2716(b)
(relating to weapons of mass destruction), terrorism as defined
in 18 Pa.C.S. § 2717(b)(2) (relating to terrorism),
strangulation when the offense is graded as a felony as defined
in 18 Pa.C.S. § 2718 (relating to strangulation), trafficking of
persons when the offense is graded as a felony of the first
degree as provided in 18 Pa.C.S. § 3011 (relating to trafficking
in individuals), rape, involuntary deviate sexual intercourse,
aggravated indecent assault, incest, sexual assault, arson
endangering persons or aggravated arson as defined in 18 Pa.C.S.
§ 3301(a) or (a.1) (relating to arson and related offenses),
ecoterrorism as classified in 18 Pa.C.S. § 3311(b)(3) (relating
to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S.
§ 3502(a)(1) (relating to burglary), robbery as defined in 18
Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
robbery of a motor vehicle, drug delivery resulting in death as
defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
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resulting in death), or criminal attempt, criminal conspiracy or
criminal solicitation to commit murder or any of the offenses
listed above, or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
§ 9719.1. Sentences for offenses committed against law
enforcement officer or hospital security officer.
(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)(1) (relating to assault of law
enforcement officer or hospital security officer) - not less
than 20 years.
* * *
Section 5. This act shall take effect in 60 days.
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