Pennsylvania Act 2000-101 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 20, 2000, P.L. 728, No. 101              Cl. 18
                             Session of 2000
                               No. 2000-101

     SB 1444

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for probable cause
        arrests in domestic violence cases; defining the offense of
        bomb threats; and further providing for firearms not to be
        carried without a license, for sale or transfer of firearms
        and for firearms background check advisory committee.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2711(a) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2711.  Probable cause arrests in domestic violence cases.
        (a)  General rule.--A police officer shall have the same
     right of arrest without a warrant as in a felony whenever he has
     probable cause to believe the defendant has violated section
     2504 (relating to involuntary manslaughter), 2701 (relating to
     simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
     assault) [or], 2705 (relating to recklessly endangering another
     person), 2706 (relating to terroristic threats) or 2709(b)
     (relating to harassment and stalking) against [his spouse or
     other person with whom he resides or has formerly resided] a
     family or household member although the offense did not take
     place in the presence of the police officer. A police officer
     may not arrest a person pursuant to this section without first
     observing recent physical injury to the victim or other
     corroborative evidence. For the purposes of this subsection, the
     term "family or household member" has the meaning given that
     term in 23 Pa.C.S. § 6102 (relating to definitions).
        * * *
        Section 2.  Title 18 is amended by adding a section to read:
      § 2715.  Bomb threats.
        (a)  Offense defined.--A person who intentionally:
            (1)  places or sets a bomb;
            (2)  causes the placement or setting of a bomb;
            (3)  reports without factual basis of knowledge the
        existence or potential existence of a bomb; or
            (4)  threatens by any means the placement or setting of a
        bomb;
     commits an offense under this section. A separate offense shall
     occur for each placement or setting of a bomb or each threat to
     place or set a bomb.
        (b)  Penalty.--An offense under this section shall be graded
     as follows:
            (1)  a misdemeanor of the first degree for a first
        offense; or
            (2)  a felony of the third degree for a second or
        subsequent offense.
        (c)  Emergency response costs.--In addition to any fines,
     fees, costs or restitution provided for by law, the court may
     order a person convicted under this section to reimburse the
     State, county or municipal corporation for the costs incurred
     incident to a bomb threat for emergency response resources
     reasonably necessary to protect life and property.
        (d)  Definition.--As used in this section, the term "bomb"
     means an explosive device used for unlawful purposes.
        Section 3.  Section 6106(b) of Title 18 is amended by adding
     a paragraph to read:
      § 6106.  Firearms not to be carried without a license.
        * * *
        (b)  Exceptions.--The provisions of subsection (a) shall not
     apply to:
            * * *
            (13)  Any person who is otherwise eligible to possess a
        firearm under this chapter and who is operating a motor
        vehicle which is registered in the person's name or the name
        of a spouse or parent and which contains a firearm for which
        a valid license has been issued pursuant to section 6109 to
        the spouse or parent owning the firearm.
        * * *
        Section 4.  Section 6111(j) of Title 18 is amended to read:
      § 6111.  Sale or transfer of firearms.
        * * *
        (j)  Exemption.--The provisions of subsections (a) and (b)
     shall not apply to sales [of firearms as defined in section
     6102] between Federal firearms licensees.
        Section 5.  Section 6126 of Title 18 is reenacted and amended
     to read:
      § 6126.  Firearms Background Check Advisory Committee.
        (a)  Establishment.--There is hereby established the Firearms
     Background Check Advisory Committee which shall consist of six
     members as follows:
            (1)  The Governor or a designee.
            (2)  The Attorney General or a designee.
            (3)  The Majority Leader of the Senate or a designee.
            (4)  The Minority Leader of the Senate or a designee.
            (5)  The Majority Leader of the House of Representatives
        or a designee.
            (6)  The Minority Leader of the House of Representatives
        or a designee.
        (b)  Duties.--To facilitate compliance with this chapter and
     the intent thereof, the Firearms Background Check Advisory
     Committee shall, as follows:
            (1)  Review the operations and procedures of the
        Pennsylvania State Police relating to the implementation and
        administration of the criminal history, juvenile delinquency
        and mental health records background checks.
            (2)  Advise the Pennsylvania State Police relating to the
        development and maintenance of the instantaneous records
        check system.
            (3)  Provide annual reports to the Governor and the
        General Assembly on the advisory committee's findings and
        recommendations, including discussions concerning conformance
        with the preamble of the act of June 13, 1995 (1st Sp.Sess.,
        P.L.1024, No.17), entitled, "An act amending Titles 18
        (Crimes and Offenses) and 42 (Judiciary and Judicial
        Procedure) of the Pennsylvania Consolidated Statutes, further
        providing for the possession of firearms; establishing a
        selected Statewide juvenile offender registry; and making an
        appropriation."
        (c)  Terms.--Members or their designees shall serve a term of
     office concurrent with the term of office for which the member
     was elected. Any vacancy shall be filled by the appointing
     authority.
        (d)  Chairperson.--The Governor shall appoint the chairperson
     of the advisory committee.
        (e)  Expiration.--This section shall expire [July 1, 2001, or
     at the end of two years following the implementation of the
     instant records check, whichever is sooner] November 30, 2002.
        Section 6.  This act shall take effect as follows:
            (1)  The reenactment and amendment of 18 Pa.C.S. § 6126
        shall take effect immediately.
            (2)  This section shall take effect immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE