PRINTER'S NO. 520
No. 493 Session of 2001
INTRODUCED BY COSTA, MELLOW, RHOADES, BODACK, KASUNIC, O'PAKE,
STACK, MUSTO, WOZNIAK AND LOGAN, FEBRUARY 15, 2001
REFERRED TO JUDICIARY, FEBRUARY 15, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the definition
3 of "offensive weapons," for use or possession of electric or
4 electronic incapacitation devices and for penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 908(c) of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 908. Prohibited offensive weapons.
10 * * *
11 (c) [Definition.--] Definitions.--As used in this section,
12 the following words and phrases shall have the meanings given to
13 them in this subsection:
14 "Firearm." Any weapon which is designed to or may readily be
15 converted to expel any projectile by the action of an explosive
16 or the frame or receiver of any such weapon.
17 "Offensive weapons." Any bomb, grenade, machine gun, sawed-
18 off shotgun with a barrel less than 18 inches, firearm specially
1 made or specially adapted for concealment or silent discharge,
2 any blackjack, sandbag, metal knuckles, dagger, knife, razor or
3 cutting instrument, the blade of which is exposed in an
4 automatic way by switch, push-button, spring mechanism, or
5 otherwise, any stun gun, stun baton, taser or other electric or
6 electronic weapon, or other implement for the infliction of
7 serious bodily injury which serves no common lawful purpose.
8 * * *
9 Section 2. Title 18 is amended by adding a section to read:
10 § 908.1. Use or possession of electric or electronic
11 incapacitation device.
12 (a) Offense defined.--A person commits an offense if he uses
13 an electric or electronic incapacitation device or weapon on
14 another person.
15 (b) Authorized possession.--A person may possess and use an
16 electric or electronic incapacitation device in the exercise of
17 reasonable force in defense of the person or the person's
18 property if the electric or electronic incapacitation device is
19 labeled with or accompanied by clearly written instructions as
20 to its use and the damages involved in its use.
21 (c) Prohibited possession.--
22 (1) No person under 18 years of age may possess or use
23 an electric or electronic incapacitation device.
24 (2) No person prohibited from possessing a firearm
25 pursuant to section 6105 (relating to persons not to possess,
26 use, manufacture, control, sell or transfer firearms), may
27 possess or use an electric or electronic incapacitation
28 device.
29 (d) Grading.--An offense under subsection (a) shall
30 constitute a felony of the second degree if the actor acted with
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1 the intent to commit a felony. Otherwise any offense under this
2 section is graded as a misdemeanor of the first degree.
3 (e) Exceptions.--Nothing in this section shall prohibit the
4 possession or use by, or the sale or furnishing of any electric
5 or electronic incapacitation device to, a law enforcement
6 agency, peace officer, the National Guard or reserves or a
7 member of the National Guard or reserves for use in their
8 official duties.
9 (f) Definition.--As used in this section, the term "electric
10 or electronic incapacitation device" means a portable device
11 which is designed or intended by the manufacturer to be used,
12 offensively or defensively, to temporarily immobilize or
13 incapacitate persons by means of electric pulse or current,
14 including devices operating by means of carbon dioxide
15 propellant. The term does not include cattle prods, electric
16 fences or other electric devices when used in agricultural,
17 animal husbandry or food production activities.
18 Section 3. This act shall take effect immediately.
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