HOUSE AMENDED
PRIOR PRINTER'S NOS. 1226, 1719 PRINTER'S NO. 2174
No. 935 Session of 2005
INTRODUCED BY CORMAN, ERICKSON, GORDNER, BOSCOLA, RAFFERTY,
ORIE, REGOLA, WONDERLING, WAUGH, TOMLINSON AND KASUNIC,
OCTOBER 17, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 17, 2006
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for THE OFFENSE OF VIOLENCE <--
3 AGAINST A LAW ENFORCEMENT OFFICER AND FOR the offense of
4 failure to provide identification to law enforcement
5 authorities.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section SECTIONS to read: <--
10 § 2702.1. VIOLENCE AGAINST A LAW ENFORCEMENT OFFICER. <--
11 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF
12 VIOLENCE AGAINST A LAW ENFORCEMENT OFFICER IF THE PERSON:
13 (1) COMMITS AN OFFENSE UNDER SECTIONS 2502 (RELATING TO
14 MURDER), 2503 (RELATING TO VOLUNTARY MANSLAUGHTER), 2504
15 (RELATING TO INVOLUNTARY MANSLAUGHTER), 2702 (RELATING TO
16 AGGRAVATED ASSAULT) OR 2705 (RELATING TO RECKLESSLY
17 ENDANGERING ANOTHER PERSON) AGAINST A LAW ENFORCEMENT OFFICER
18 WHILE THE LAW ENFORCEMENT OFFICER IS ACTING IN THE
1 PERFORMANCE OF THE LAW ENFORCEMENT OFFICER'S DUTY.
2 (2) KNOWS THE VICTIM IS A LAW ENFORCEMENT OFFICER.
3 (B) GRADING AND PENALTY.--
4 (1) EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBSECTION,
5 AN OFFENSE UNDER THIS SECTION SHALL BE CLASSIFIED ONE DEGREE
6 HIGHER THAN THE CLASSIFICATION OF THE SPECIFIED OFFENSE SET
7 FORTH UNDER SECTION 106 (RELATING TO CLASSES OF OFFENSES).
8 (2) IF THE SPECIFIED OFFENSE IS A FELONY OF THE FIRST
9 DEGREE OR MURDER IN THE THIRD DEGREE, A PERSON CONVICTED OF
10 AN OFFENSE UNDER THIS SECTION SHALL BE SENTENCED TO A TERM OF
11 IMPRISONMENT FIXED BY THE COURT AT NOT MORE THAN 40 YEARS.
12 (3) IF THE SPECIFIED OFFENSE IS MURDER IN THE SECOND
13 DEGREE, A PERSON CONVICTED OF AN OFFENSE UNDER THIS SECTION
14 SHALL BE SENTENCED TO A TERM OF LIFE IMPRISONMENT.
15 (4) IF THE SPECIFIED OFFENSE IS MURDER IN THE FIRST
16 DEGREE, A PERSON CONVICTED OF AN OFFENSE UNDER THIS SECTION
17 SHALL BE SENTENCED UNDER 42 PA.C.S. § 9711 (RELATING TO
18 SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE).
19 (C) CONSECUTIVE SENTENCES.--THE COURT SHALL ORDER THAT ANY
20 SENTENCE IMPOSED FOR AN OFFENSE UNDER THIS SECTION BE SERVED
21 CONSECUTIVELY WITH ANY OTHER SENTENCE IMPOSED FOR AN OFFENSE
22 ARISING FROM THE SAME CRIMINAL EPISODE.
23 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "LAW
24 ENFORCEMENT OFFICER" MEANS ANY PERSON WHO BY VIRTUE OF THE
25 PERSON'S OFFICE OR PUBLIC EMPLOYMENT IS VESTED BY LAW TO MAKE
26 ARRESTS FOR OFFENSES, WHETHER THAT DUTY EXTENDS TO ALL OFFENSES
27 OR IS LIMITED TO SPECIFIC OFFENSES.
28 § 4914.1. Failure to provide identification to law enforcement
29 authorities.
30 (a) Offense defined.--A person commits an offense if he
20050S0935B2174 - 2 -
1 fails to provide law enforcement authorities with identification
2 or information about his identity after being stopped based upon
3 reasonable suspicion that the person has committed, is
4 committing or is about to commit a crime and informed by a law
5 enforcement officer who is in uniform or who has identified
6 himself as a law enforcement officer that the person is the
7 subject of an official investigation of a violation of law.
8 (b) Grading.--An offense under this section is a misdemeanor
9 of the third degree.
10 (c) Detention.--A person may be detained by law enforcement
11 authorities in a reasonable manner and for a reasonable time to
12 require the person to identify himself. However, the person
13 shall not be compelled to answer any other question of any law
14 enforcement officer.
15 Section 2. This act shall take effect in 60 days.
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