HOUSE AMENDED
PRIOR PRINTER'S NOS. 75, 923 PRINTER'S NO. 2434
No. 82 Session of 2001
INTRODUCED BY HOLL, JANUARY 23, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 26, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of <--
3 OFFENSES OF RAPE, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE AND <--
4 AGGRAVATED INDECENT ASSAULT, FOR FIREARMS NOT TO BE CARRIED
5 WITHOUT A LICENSE, FOR FIREARM LICENSES AND FOR scattering
6 rubbish.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 6501(b)(1) of Title 18 of the <--
10 Pennsylvania Consolidated Statutes is amended to read:
11 SECTION 1. SECTION 3101 OF TITLE 18 OF THE PENNSYLVANIA <--
12 CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
13 § 3101. DEFINITIONS.
14 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
15 PROVISIONS OF THIS CHAPTER WHICH ARE APPLICABLE TO SPECIFIC
16 PROVISIONS OF THIS CHAPTER, THE FOLLOWING WORDS AND PHRASES WHEN
17 USED IN THIS CHAPTER SHALL HAVE, UNLESS THE CONTEXT CLEARLY
18 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
1 * * *
2 "SERIOUS BODILY INJURY." AS DEFINED IN SECTION 2301
3 (RELATING TO DEFINITIONS).
4 * * *
5 SECTION 2. SECTIONS 3121, 3123 AND 3125 OF TITLE 18 ARE
6 AMENDED TO READ:
7 § 3121. RAPE.
8 (A) OFFENSE DEFINED.--A PERSON COMMITS A FELONY OF THE FIRST
9 DEGREE WHEN [HE OR SHE] THE PERSON ENGAGES IN SEXUAL INTERCOURSE
10 WITH A COMPLAINANT:
11 (1) BY FORCIBLE COMPULSION.
12 (2) BY THREAT OF FORCIBLE COMPULSION THAT WOULD PREVENT
13 RESISTANCE BY A PERSON OF REASONABLE RESOLUTION.
14 (3) WHO IS UNCONSCIOUS OR WHERE THE PERSON KNOWS THAT
15 THE COMPLAINANT IS UNAWARE THAT THE SEXUAL INTERCOURSE IS
16 OCCURRING.
17 (4) WHERE THE PERSON HAS SUBSTANTIALLY IMPAIRED THE
18 COMPLAINANT'S POWER TO APPRAISE OR CONTROL HIS OR HER CONDUCT
19 BY ADMINISTERING OR EMPLOYING, WITHOUT THE KNOWLEDGE OF THE
20 COMPLAINANT, DRUGS, INTOXICANTS OR OTHER MEANS FOR THE
21 PURPOSE OF PREVENTING RESISTANCE.
22 (5) WHO SUFFERS FROM A MENTAL DISABILITY WHICH RENDERS
23 THE COMPLAINANT INCAPABLE OF CONSENT.
24 (6) WHO IS LESS THAN 13 YEARS OF AGE.
25 (B) ADDITIONAL PENALTIES.--IN ADDITION TO THE PENALTY
26 PROVIDED FOR BY SUBSECTION (A), A PERSON MAY BE SENTENCED TO AN
27 ADDITIONAL TERM NOT TO EXCEED TEN YEARS' CONFINEMENT AND AN
28 ADDITIONAL AMOUNT NOT TO EXCEED $100,000 WHERE THE PERSON
29 ENGAGES IN SEXUAL INTERCOURSE WITH A COMPLAINANT AND HAS
30 SUBSTANTIALLY IMPAIRED THE COMPLAINANT'S POWER TO APPRAISE OR
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1 CONTROL HIS OR HER CONDUCT BY ADMINISTERING OR EMPLOYING,
2 WITHOUT THE KNOWLEDGE OF THE COMPLAINANT, ANY SUBSTANCE FOR THE
3 PURPOSE OF PREVENTING RESISTANCE THROUGH THE INDUCEMENT OF
4 EUPHORIA, MEMORY LOSS AND ANY OTHER EFFECT OF THIS SUBSTANCE.
5 (C) RAPE OF A CHILD.--A PERSON COMMITS THE OFFENSE OF RAPE
6 OF A CHILD WHEN THE PERSON ENGAGES IN SEXUAL INTERCOURSE WITH A
7 COMPLAINANT WHO IS LESS THAN 13 YEARS OF AGE.
8 (D) RAPE OF A CHILD WITH SERIOUS BODILY INJURY.--A PERSON
9 COMMITS THE OFFENSE OF RAPE OF A CHILD RESULTING IN SERIOUS
10 BODILY INJURY WHEN THE PERSON VIOLATES THIS SECTION AND THE
11 COMPLAINANT IS UNDER 13 YEARS OF AGE AND SUFFERS SERIOUS BODILY
12 INJURY IN THE COURSE OF THE OFFENSE.
13 (E) SENTENCES.--NOTWITHSTANDING THE PROVISIONS OF SECTION
14 1103 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON
15 CONVICTED OF AN OFFENSE UNDER:
16 (1) SUBSECTION (C) SHALL BE SENTENCED TO A TERM OF
17 IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE
18 THAN 40 YEARS.
19 (2) SUBSECTION (D) SHALL BE SENTENCED UP TO A MAXIMUM
20 TERM OF LIFE IMPRISONMENT.
21 § 3123. INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
22 (A) OFFENSE DEFINED.--A PERSON COMMITS A FELONY OF THE FIRST
23 DEGREE WHEN [HE OR SHE] THE PERSON ENGAGES IN DEVIATE SEXUAL
24 INTERCOURSE WITH A COMPLAINANT:
25 (1) BY FORCIBLE COMPULSION;
26 (2) BY THREAT OF FORCIBLE COMPULSION THAT WOULD PREVENT
27 RESISTANCE BY A PERSON OF REASONABLE RESOLUTION;
28 (3) WHO IS UNCONSCIOUS OR WHERE THE PERSON KNOWS THAT
29 THE COMPLAINANT IS UNAWARE THAT THE SEXUAL INTERCOURSE IS
30 OCCURRING;
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1 (4) WHERE THE PERSON HAS SUBSTANTIALLY IMPAIRED THE
2 COMPLAINANT'S POWER TO APPRAISE OR CONTROL HIS OR HER CONDUCT
3 BY ADMINISTERING OR EMPLOYING, WITHOUT THE KNOWLEDGE OF THE
4 COMPLAINANT, DRUGS, INTOXICANTS OR OTHER MEANS FOR THE
5 PURPOSE OF PREVENTING RESISTANCE;
6 (5) WHO SUFFERS FROM A MENTAL DISABILITY WHICH RENDERS
7 HIM OR HER INCAPABLE OF CONSENT;
8 (6) WHO IS LESS THAN 13 YEARS OF AGE; OR
9 (7) WHO IS LESS THAN 16 YEARS OF AGE AND THE PERSON IS
10 FOUR OR MORE YEARS OLDER THAN THE COMPLAINANT AND THE
11 COMPLAINANT AND PERSON ARE NOT MARRIED TO EACH OTHER.
12 (B) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A CHILD.--A
13 PERSON COMMITS INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A
14 CHILD WHEN THE PERSON ENGAGES IN DEVIATE SEXUAL INTERCOURSE WITH
15 A COMPLAINANT WHO IS LESS THAN 13 YEARS OF AGE.
16 (C) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE WITH A CHILD WITH
17 SERIOUS BODILY INJURY.--A PERSON COMMITS AN OFFENSE UNDER THIS
18 SECTION WITH A CHILD RESULTING IN SERIOUS BODILY INJURY WHEN THE
19 PERSON VIOLATES THIS SECTION AND THE COMPLAINANT IS LESS THAN 13
20 YEARS OF AGE AND THE COMPLAINANT SUFFERS SERIOUS BODILY INJURY
21 IN THE COURSE OF THE OFFENSE.
22 [(B)] (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM
23 "FORCIBLE COMPULSION" INCLUDES, BUT IS NOT LIMITED TO,
24 COMPULSION RESULTING IN ANOTHER PERSON'S DEATH, WHETHER THE
25 DEATH OCCURRED BEFORE, DURING OR AFTER THE SEXUAL INTERCOURSE.
26 (E) SENTENCES.--NOTWITHSTANDING THE PROVISIONS OF SECTION
27 1103 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON
28 CONVICTED OF AN OFFENSE UNDER:
29 (1) SUBSECTION (B) SHALL BE SENTENCED TO A TERM OF
30 IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE
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1 THAN 40 YEARS.
2 (2) SUBSECTION (C) SHALL BE SENTENCED UP TO A MAXIMUM
3 TERM OF LIFE IMPRISONMENT.
4 § 3125. AGGRAVATED INDECENT ASSAULT.
5 (A) OFFENSES DEFINED.--EXCEPT AS PROVIDED IN SECTIONS 3121
6 (RELATING TO RAPE), 3122.1 (RELATING TO STATUTORY SEXUAL
7 ASSAULT), 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
8 INTERCOURSE) AND 3124.1 (RELATING TO SEXUAL ASSAULT), A PERSON
9 WHO ENGAGES IN PENETRATION, HOWEVER SLIGHT, OF THE GENITALS OR
10 ANUS OF A COMPLAINANT WITH A PART OF THE PERSON'S BODY FOR ANY
11 PURPOSE OTHER THAN GOOD FAITH MEDICAL, HYGIENIC OR LAW
12 ENFORCEMENT PROCEDURES COMMITS AGGRAVATED INDECENT ASSAULT, [A
13 FELONY OF THE SECOND DEGREE,] IF:
14 (1) THE PERSON DOES SO WITHOUT THE COMPLAINANT'S
15 CONSENT;
16 (2) THE PERSON DOES SO BY FORCIBLE COMPULSION;
17 (3) THE PERSON DOES SO BY THREAT OF FORCIBLE COMPULSION
18 THAT WOULD PREVENT RESISTANCE BY A PERSON OF REASONABLE
19 RESOLUTION;
20 (4) THE COMPLAINANT IS UNCONSCIOUS OR THE PERSON KNOWS
21 THAT THE COMPLAINANT IS UNAWARE THAT THE PENETRATION IS
22 OCCURRING;
23 (5) THE PERSON HAS SUBSTANTIALLY IMPAIRED THE
24 COMPLAINANT'S POWER TO APPRAISE OR CONTROL HIS OR HER CONDUCT
25 BY ADMINISTERING OR EMPLOYING, WITHOUT THE KNOWLEDGE OF THE
26 COMPLAINANT, DRUGS, INTOXICANTS OR OTHER MEANS FOR THE
27 PURPOSE OF PREVENTING RESISTANCE;
28 (6) THE COMPLAINANT SUFFERS FROM A MENTAL DISABILITY
29 WHICH RENDERS HIM OR HER INCAPABLE OF CONSENT;
30 (7) THE COMPLAINANT IS LESS THAN 13 YEARS OF AGE; OR
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1 (8) THE COMPLAINANT IS LESS THAN 16 YEARS OF AGE AND THE
2 PERSON IS FOUR OR MORE YEARS OLDER THAN THE COMPLAINANT AND
3 THE COMPLAINANT AND THE PERSON ARE NOT MARRIED TO EACH OTHER.
4 (B) AGGRAVATED INDECENT ASSAULT OF A CHILD.--A PERSON
5 COMMITS AGGRAVATED INDECENT ASSAULT OF A CHILD WHEN THE PERSON
6 VIOLATES SUBSECTION (A)(1), (2), (3), (4), (5) OR (6) AND THE
7 COMPLAINANT IS LESS THAN 13 YEARS OF AGE.
8 (C) GRADING AND SENTENCES.--
9 (1) AN OFFENSE UNDER SUBSECTION (A) IS A FELONY OF THE
10 SECOND DEGREE.
11 (2) AN OFFENSE UNDER SUBSECTION (B) IS A FELONY OF THE
12 FIRST DEGREE.
13 SECTION 3. SECTION 6106(B) OF TITLE 18 IS AMENDED BY ADDING
14 A PARAGRAPH TO READ:
15 § 6106. FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE.
16 * * *
17 (B) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
18 APPLY TO:
19 * * *
20 (14) ANY PERSON WHO POSSESSES A VALID AND LAWFULLY
21 ISSUED LICENSE OR PERMIT TO CARRY A FIREARM WHICH HAS BEEN
22 ISSUED UNDER THE LAWS OF ANY OTHER STATE OR JURISDICTION THAT
23 PROVIDES A RECIPROCAL PRIVILEGE FOR INDIVIDUALS LICENSED TO
24 CARRY FIREARMS UNDER SECTION 6109 (RELATING TO LICENSES). THE
25 EXCEPTION ESTABLISHED UNDER THIS PARAGRAPH IS NOT DEPENDENT
26 UPON THE EXISTENCE OF A RECIPROCITY AGREEMENT BETWEEN THE
27 COMMONWEALTH AND THE OTHER STATE OR JURISDICTION PURSUANT TO
28 SECTION 6109(K).
29 * * *
30 SECTION 4. SECTION 6109(E)(1)(IX) AND (K) OF TITLE 18 ARE
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1 AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
2 READ:
3 § 6109. LICENSES.
4 * * *
5 (E) ISSUANCE OF LICENSE.--
6 (1) A LICENSE TO CARRY A FIREARM SHALL BE FOR THE
7 PURPOSE OF CARRYING A FIREARM CONCEALED ON OR ABOUT ONE'S
8 PERSON OR IN A VEHICLE AND SHALL BE ISSUED IF, AFTER AN
9 INVESTIGATION NOT TO EXCEED 45 DAYS, IT APPEARS THAT THE
10 APPLICANT IS AN INDIVIDUAL CONCERNING WHOM NO GOOD CAUSE
11 EXISTS TO DENY THE LICENSE. A LICENSE SHALL NOT BE ISSUED TO
12 ANY OF THE FOLLOWING:
13 * * *
14 (IX) A RESIDENT OF ANOTHER STATE WHO DOES NOT
15 POSSESS A CURRENT LICENSE OR PERMIT OR SIMILAR DOCUMENT
16 TO CARRY A FIREARM ISSUED BY THAT STATE IF A LICENSE IS
17 PROVIDED FOR BY THE LAWS OF THAT STATE, AS PUBLISHED
18 ANNUALLY IN THE FEDERAL REGISTER BY THE BUREAU OF
19 ALCOHOL, TOBACCO AND FIREARMS OF THE DEPARTMENT OF THE
20 TREASURY UNDER 18 U.S.C. § 921(A)(19) (RELATING TO
21 DEFINITIONS). THIS SUBPARAGRAPH SHALL NOT APPLY TO AN
22 INDIVIDUAL WHO IS EITHER:
23 (A) A LAW ENFORCEMENT OFFICER OF THE UNITED
24 STATES, ANY OTHER STATE OR THE DISTRICT OF COLUMBIA;
25 OR
26 (B) LICENSED AS A MANUFACTURER, IMPORTER OR
27 DEALER OF FIREARMS PURSUANT TO 18 U.S.C. § 923
28 (RELATING TO LICENSING).
29 * * *
30 (K) RECIPROCITY.--THE ATTORNEY GENERAL [MAY] SHALL ENTER
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1 INTO RECIPROCITY AGREEMENTS WITH OTHER STATES PROVIDING FOR THE
2 MUTUAL RECOGNITION OF EACH STATE'S OR OTHER JURISDICTION'S
3 LICENSE OR PERMIT TO CARRY A FIREARM. IN ORDER TO CARRY OUT THIS
4 DUTY, THE ATTORNEY GENERAL SHALL NEGOTIATE RECIPROCITY
5 AGREEMENTS AND GRANT RECOGNITION OF ANY STATE'S OR OTHER
6 JURISDICTION'S LICENSE OR PERMIT TO CARRY A FIREARM.
7 (L) INQUIRIES.--
8 (1) THE ATTORNEY GENERAL SHALL, NO LATER THAN 30 DAYS
9 AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND NOT LESS THAN
10 ONCE EVERY SIX MONTHS THEREAFTER, MAKE WRITTEN INQUIRY OF THE
11 APPROPRIATE AUTHORITIES IN EACH OTHER STATE WHICH DOES NOT
12 HAVE A CURRENT RECIPROCITY AGREEMENT WITH THE COMMONWEALTH AS
13 TO WHETHER A PENNSYLVANIA RESIDENT MAY CARRY A CONCEALED
14 FIREARM IN THAT STATE OR WITHIN JURISDICTIONS WITHIN THAT
15 STATE BASED UPON HAVING A VALID PENNSYLVANIA LICENSE TO CARRY
16 A FIREARM OR WHETHER A PENNSYLVANIA RESIDENT MAY APPLY FOR A
17 CONCEALED FIREARM CARRYING LICENSE OR PERMIT IN THAT STATE OR
18 IN JURISDICTIONS WITHIN THAT STATE BASED UPON HAVING A VALID
19 PENNSYLVANIA LICENSE TO CARRY A FIREARM.
20 (2) THE ATTORNEY GENERAL SHALL MAINTAIN CURRENT LISTS OF
21 THOSE STATES WHICH HAVE A RECIPROCITY AGREEMENT WITH THE
22 COMMONWEALTH, THOSE STATES AND JURISDICTIONS WHICH ALLOW
23 PENNSYLVANIA RESIDENTS TO CARRY A CONCEALED FIREARM BASED
24 UPON HAVING A VALID PENNSYLVANIA LICENSE TO CARRY A FIREARM
25 AND THOSE STATES AND JURISDICTIONS WHICH ALLOW PENNSYLVANIA
26 RESIDENTS TO APPLY FOR A CONCEALED FIREARM CARRYING LICENSE
27 OR PERMIT BASED UPON A VALID PENNSYLVANIA LICENSE TO CARRY A
28 FIREARM. THE LISTS SHALL BE MADE AVAILABLE TO THE PUBLIC,
29 INCLUDING, BUT NOT LIMITED TO, PUBLICATION ON THE INTERNET.
30 SECTION 5. SECTION 6501(B)(1) OF TITLE 18 IS AMENDED TO
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1 READ:
2 § 6501. Scattering rubbish.
3 * * *
4 (b) Penalty.--
5 (1) A person who violates subsection (a)(1) or (2) is
6 guilty of a summary offense for the first offense and upon
7 conviction thereof shall be sentenced to:
8 (i) pay a fine of not less than $50 nor more than
9 $300 [or to];
10 (ii) imprisonment for not more than 90 days[, or
11 both.];
12 (iii) not more than 90 days of community service; or
13 (iv) any combination of subparagraphs (i), (ii) and
14 (iii).
15 * * *
16 Section 2. This act shall take effect in 60 days. <--
17 SECTION 6. THE ATTORNEY GENERAL SHALL REPORT TO THE GENERAL <--
18 ASSEMBLY WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS SECTION
19 ON THE AGREEMENTS THAT HAVE BEEN CONSUMMATED PURSUANT TO 18
20 PA.C.S. § 6109(K).
21 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
22 (1) THE AMENDMENT OF 18 PA.C.S. §§ 6106(B)(14) AND
23 6109(K) SHALL TAKE EFFECT IN 90 DAYS.
24 (2) SECTION 6 OF THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
25 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
26 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
27 DAYS.
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