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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, BELFANTI, CASORIO, CIVERA, DeWEESE, FAIRCHILD, GABLER, GILLESPIE, GINGRICH, GOODMAN, GROVE, HESS, HICKERNELL, KAUFFMAN, KNOWLES, MILLER, MOUL, MURT, M. O'BRIEN, READSHAW, ROAE, SEIP, SIPTROTH, STERN, SWANGER, TALLMAN, J. TAYLOR, VEREB, VULAKOVICH AND WATSON, MARCH 17, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2010 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, expanding provisions relating to sentence for |
4 | murder, murder of unborn child and murder of law enforcement |
5 | officer, criminal homicide of law enforcement officer and |
6 | assault of law enforcement officer to include first |
7 | responders; imposing penalties; and further providing for |
8 | sentences for offenses committed against law enforcement |
9 | officer. |
10 | It is the intent of the General Assembly that this act |
11 | protect the men and women who provide emergency services to our |
12 | citizens, devote their lives to saving the lives of others and |
13 | perform an extraordinary public service and at times under |
14 | extreme conditions, as well as honor those who have paid the |
15 | ultimate sacrifice for their dedication and devotion to duty, by |
16 | creating specific offenses and strict penalties for those who |
17 | commit violence against first responders in the performance of |
18 | duty. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
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1 | hereby enacts as follows: |
2 | Section 1. Sections 1102(a), (b) and (c), 2507 and 2702.1 of |
3 | Title 18 of the Pennsylvania Consolidated Statutes are amended |
4 | to read: |
5 | § 1102. Sentence for murder, murder of unborn child and murder |
6 | of law enforcement officer or first responder. |
7 | (a) First degree.-- |
8 | (1) A person who has been convicted of a murder of the |
9 | first degree or of murder of a law enforcement officer or |
10 | first responder of the first degree shall be sentenced to |
11 | death or to a term of life imprisonment in accordance with 42 |
12 | Pa.C.S. § 9711 (relating to sentencing procedure for murder |
13 | of the first degree). |
14 | (2) The sentence for a person who has been convicted of |
15 | first degree murder of an unborn child shall be the same as |
16 | the sentence for murder of the first degree, except that the |
17 | death penalty shall not be imposed. This paragraph shall not |
18 | affect the determination of an aggravating circumstance under |
19 | 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman. |
20 | (b) Second degree.--A person who has been convicted of |
21 | murder of the second degree, of second degree murder of an |
22 | unborn child or of second degree murder of a law enforcement |
23 | officer or first responder shall be sentenced to a term of life |
24 | imprisonment. |
25 | (c) Attempt, solicitation and conspiracy.--Notwithstanding |
26 | section 1103(1) (relating to sentence of imprisonment for |
27 | felony), a person who has been convicted of attempt, |
28 | solicitation or conspiracy to commit murder, murder of an unborn |
29 | child or murder of a law enforcement officer or first responder |
30 | where serious bodily injury results may be sentenced to a term |
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1 | of imprisonment which shall be fixed by the court at not more |
2 | than 40 years. Where serious bodily injury does not result, the |
3 | person may be sentenced to a term of imprisonment which shall be |
4 | fixed by the court at not more than 20 years. |
5 | * * * |
6 | § 2507. Criminal homicide of law enforcement officer or first |
7 | responder. |
8 | (a) Murder of a law enforcement officer of the first |
9 | degree.--A person commits murder of a law enforcement officer or |
10 | first responder of the first degree who intentionally kills a |
11 | law enforcement officer or first responder while in the |
12 | performance of duty knowing the victim is a law enforcement |
13 | officer or first responder. |
14 | (b) Murder of a law enforcement officer of the second |
15 | degree.--A person commits murder of a law enforcement officer or |
16 | first responder of the second degree who engages as a principal |
17 | or an accomplice in the perpetration of a felony during which a |
18 | law enforcement officer or first responder is killed while in |
19 | the performance of duty. |
20 | (c) Manslaughter of a law enforcement officer in the first |
21 | degree.--A person commits a felony in the first degree who does |
22 | any of the following: |
23 | (1) Without lawful justification kills a law enforcement |
24 | officer or first responder while in the performance of duty |
25 | and with knowledge that the victim was a law enforcement |
26 | officer or first responder, if at the time of the killing: |
27 | (i) the person is acting under a sudden and intense |
28 | passion resulting from serious provocation by the victim |
29 | killed; or |
30 | (ii) the person is acting under a sudden and intense |
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1 | passion resulting from serious provocation by another |
2 | individual whom the actor endeavors to kill, but the |
3 | person negligently or accidentally causes the death of |
4 | the victim. |
5 | (2) Intentionally or knowingly kills a law enforcement |
6 | officer or first responder while in the performance of duty |
7 | and with knowledge that the victim was a law enforcement |
8 | officer or first responder, if at the time of the killing the |
9 | person believes the circumstances to be such that, if they |
10 | existed, would justify the killing under Chapter 5 (relating |
11 | to general principles of justification), but his belief is |
12 | unreasonable. |
13 | (d) Manslaughter of a law enforcement officer in the second |
14 | degree.--A person commits a felony of the second degree who, as |
15 | a direct result of the doing of an unlawful or lawful act in a |
16 | reckless or grossly negligent manner, causes the death of a law |
17 | enforcement officer or first responder while in the performance |
18 | of duty and the person knew or should have known the victim was |
19 | a law enforcement officer or first responder. |
20 | (e) Definitions.--As used in this section, the following |
21 | words and phrases shall have the meanings given to them in this |
22 | subsection: |
23 | "First responder." The term includes, but is not limited to: |
24 | (1) firefighters; |
25 | (2) emergency medical services personnel; |
26 | (3) fire marshals; and |
27 | (4) fire police. |
28 | "Law enforcement officer." This term shall have the same |
29 | meaning as the term "peace officer" is given under section 501 |
30 | (relating to definitions). |
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1 | "Perpetration of a felony." As defined under section 2502(d) |
2 | (relating to murder). |
3 | § 2702.1. Assault of law enforcement officer or first |
4 | responder. |
5 | (a) Assault of a law enforcement officer in the first |
6 | degree.--A person commits a felony of the first degree who |
7 | attempts to cause or intentionally or knowingly causes bodily |
8 | injury to a law enforcement officer or first responder, while in |
9 | the performance of duty and with knowledge that the victim is a |
10 | law enforcement officer, by discharging a firearm. |
11 | (b) Penalties.--Notwithstanding section 1103(1) (relating to |
12 | sentence of imprisonment for felony), a person convicted under |
13 | subsection (a) shall be sentenced to a term of imprisonment |
14 | fixed by the court at not more than 40 years. |
15 | (c) Definitions.--As used in this section, the following |
16 | words and phrases shall have the meanings given to them in this |
17 | subsection: |
18 | ["Law enforcement officer." The term shall have the same |
19 | meaning as the term "peace officer" is given under section 501 |
20 | (relating to definitions).] |
21 | "Firearm." As defined under 42 Pa.C.S. § 9712(e) (relating |
22 | to sentences for offenses committed with firearms). |
23 | "First responder." The term includes, but is not limited to: |
24 | (1) firefighters, |
25 | (2) emergency medical services personnel; |
26 | (3) fire marshals; and |
27 | (4) fire police. |
28 | "Law enforcement officer." The term shall have the same |
29 | meaning as the term "peace officer" is given under section 501 |
30 | (relating to definitions). |
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1 | Section 2. Section 9719.1 of Title 42 is amended to read: |
2 | § 9719.1. Sentences for offenses committed against law |
3 | enforcement officer or first responder. |
4 | (a) Mandatory sentence.--A person convicted of the following |
5 | offense shall be sentenced to a mandatory term of imprisonment |
6 | as follows: |
7 | 18 Pa.C.S. § 2702.1(a) (relating to assault of law |
8 | enforcement officer or first responder) - not less than 20 |
9 | years. |
10 | (b) Authority of court in sentencing.--There shall be no |
11 | authority in any court to impose on an offender to which this |
12 | section is applicable any lesser sentence than provided for in |
13 | subsection (a) or to place such offender on probation or to |
14 | suspend sentence. Nothing in this section shall prevent the |
15 | sentencing court from imposing a sentence greater than that |
16 | provided in this section. Sentencing guidelines promulgated by |
17 | the Pennsylvania Commission on Sentencing shall not supersede |
18 | the mandatory sentences provided in this section. |
19 | (c) Appeal by Commonwealth.--If a sentencing court refuses |
20 | to apply this section where applicable, the Commonwealth shall |
21 | have the right to appellate review of the action of the |
22 | sentencing court. The appellate court shall vacate the sentence |
23 | and remand the case to the sentencing court for imposition of a |
24 | sentence in accordance with this section if it finds that the |
25 | sentence was imposed in violation of this section. |
26 | (d) Definitions.--As used in this section, the following |
27 | words and phrases shall have the meanings given to them in this |
28 | subsection: |
29 | "First responder." The term includes, but is not limited to: |
30 | (1) firefighters; |
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1 | (2) emergency medical services personnel; |
2 | (3) fire marshals; and |
3 | (4) fire police. |
4 | "Law enforcement officer." The term shall have the same |
5 | meaning as the term "peace officer" is given under 18 Pa.C.S. § |
6 | 501 (relating to definitions). |
7 | Section 3. This act shall take effect in 60 days. |
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