PRIOR PRINTER'S NO. 983 PRINTER'S NO. 2154
No. 854 Session of 2001
INTRODUCED BY GREENLEAF, LEMMOND, BOSCOLA, ORIE, HOLL, KITCHEN,
MUSTO, SCARNATI, SCHWARTZ, STACK, TARTAGLIONE, TILGHMAN,
TOMLINSON AND WAUGH, MAY 7, 2001
SENATOR BRIGHTBILL, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED
AS AMENDED, JUNE 25, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, DEFINING "CORRECTIONS OFFICER"; AND <--
3 further providing for use of force in law enforcement.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 508(c) of Title 18 of the Pennsylvania <--
7 Consolidated Statutes is amended to read:
8 SECTION 1. SECTION 501 OF TITLE 18 OF THE PENNSYLVANIA <--
9 CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
10 § 501. DEFINITIONS.
11 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
12 PROVISIONS OF THIS CHAPTER WHICH ARE APPLICABLE TO SPECIFIC
13 PROVISIONS OF THIS CHAPTER, THE FOLLOWING WORDS AND PHRASES,
14 WHEN USED IN THIS CHAPTER SHALL HAVE, UNLESS THE CONTEXT CLEARLY
15 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
16 * * *
17 "CORRECTIONS OFFICER." A FULL-TIME EMPLOYEE ASSIGNED TO THE
1 DEPARTMENT OF CORRECTIONS WHOSE PRINCIPAL DUTY IS THE CARE,
2 CUSTODY AND CONTROL OF INMATES OF A PENAL OR CORRECTIONAL
3 INSTITUTION OPERATED BY THE DEPARTMENT OF CORRECTIONS.
4 * * *
5 SECTION 2. SECTION 508(C) OF TITLE 18 IS AMENDED TO READ:
6 § 508. Use of force in law enforcement.
7 * * *
8 (c) Use of force [to prevent] regarding escape.--
9 (1) A peace officer, guard CORRECTIONS OFFICER or other <--
10 person who has an arrested or convicted person in his custody
11 is justified in the use of such force to prevent the escape
12 of the [arrested] person from custody as [he] the officer, <--
13 guard or OTHER person would be justified in using under <--
14 subsection (a) if [he] the officer, guard or OTHER person <--
15 were arresting [such] the person.
16 (2) A [guard or other] peace officer or guard <--
17 CORRECTIONS OFFICER is justified in the use of such force, <--
18 including deadly force, which [he] the officer or guard <--
19 believes to be necessary to prevent the escape from a
20 correctional institution of a person whom the officer or <--
21 guard believes to be lawfully detained in such institution
22 under sentence for an offense or awaiting trial or commitment
23 for an offense.
24 (3) A guard CORRECTIONS OFFICER, during the first five <--
25 hours after the discovery of an escape, is justified in the
26 use of such force, which the guard OFFICER believes to be <--
27 necessary to defend himself or another from bodily harm
28 during the pursuit of the escaped person within five miles of
29 the correctional institution. However, the guard OFFICER is <--
30 justified in using deadly force only when the guard OFFICER <--
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1 believes that such force is necessary to prevent death or
2 serious bodily injury to himself or another, or when the
3 guard believes both OFFICER BELIEVES that: <--
4 (i) Such SUCH force is necessary to prevent the <--
5 apprehension from being defeated by resistance; AND <--
6 (ii) The person being pursued THE ESCAPED PERSON has <--
7 been convicted of committing or attempting to commit a
8 forcible felony, possesses a deadly weapon, or otherwise
9 indicates that he will endanger human life or inflict
10 serious bodily injury unless apprehended without delay.
11 * * *
12 Section 2 3. This act shall take effect in 60 days. <--
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