PRINTER'S NO. 983
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
REFERRED TO JUDICIARY, MAY 7, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for use of force in
3 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 § 508. Use of force in law enforcement.
9 * * *
10 (c) Use of force [to prevent] regarding escape.--
11 (1) A peace officer, guard or other person who has an
12 arrested or convicted person in his custody is justified in
13 the use of such force to prevent the escape of the [arrested]
14 person from custody as [he] the officer, guard or person
15 would be justified in using under subsection (a) if [he] the
16 officer, guard or person were arresting [such] the person.
17 (2) A [guard or other] peace officer or guard is
18 justified in the use of such force, including deadly force,
1 which [he] the officer or guard believes to be necessary to
2 prevent the escape from a correctional institution of a
3 person whom the officer or guard believes to be lawfully
4 detained in such institution under sentence for an offense or
5 awaiting trial or commitment for an offense.
6 (3) A guard, during the first five hours after the
7 discovery of an escape, is justified in the use of such
8 force, which the guard believes to be necessary to defend
9 himself or another from bodily harm during the pursuit of the
10 escaped person within five miles of the correctional
11 institution. However, the guard is justified in using deadly
12 force only when the guard believes that such force is
13 necessary to prevent death or serious bodily injury to
14 himself or another, or when the guard believes both that:
15 (i) Such force is necessary to prevent the
16 apprehension from being defeated by resistance.
17 (ii) The person being pursued has been convicted of
18 committing or attempting to commit a forcible felony,
19 possesses a deadly weapon, or otherwise indicates that he
20 will endanger human life or inflict serious bodily injury
21 unless apprehended without delay.
22 * * *
23 Section 2. This act shall take effect in 60 days.
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