Pennsylvania Act 2002-132 — CRIMES CODE (18 PA.C.S.) - AMEND OFFENSIVE WEAPONS, ELECTRIC OR ELECTRONIC INCAPACITATION DEVICES, AGGRAVATED ASSAULT AND TEAR OR NOXIOUS GAS IN LABOR DISPUTES

Act text

CRIMES CODE (18 PA.C.S.) - AMEND OFFENSIVE WEAPONS, ELECTRIC OR
ELECTRONIC INCAPACITATION DEVICES, AGGRAVATED ASSAULT AND TEAR OR NOXIOUS
                          GAS IN LABOR DISPUTES
                 Act of Nov. 6, 2002, P.L. 1096, No. 132              Cl. 18
                             Session of 2002
                               No. 2002-132

     HB 227

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for the definition
        of "offensive weapons," for use or possession of electric or
        electronic incapacitation devices, for penalties, for
        aggravated assault and for use of tear or noxious gas in
        labor disputes; imposing a penalty; and making an editorial
        change.

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

        Section 1.  Section 908(c) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 908.  Prohibited offensive weapons.
        * * *
        (c)  [Definition] Definitions.--As used in this section, the
     following words and phrases shall have the meanings given to
     them in this subsection:
        "Firearm."  Any weapon which is designed to or may readily be
     converted to expel any projectile by the action of an explosive
     or the frame or receiver of any such weapon.
        "Offensive weapons."  Any bomb, grenade, machine gun, sawed-
     off shotgun with a barrel less than 18 inches, firearm specially
     made or specially adapted for concealment or silent discharge,
     any blackjack, sandbag, metal knuckles, dagger, knife, razor or
     cutting instrument, the blade of which is exposed in an
     automatic way by switch, push-button, spring mechanism, or
     otherwise, any stun gun, stun baton, taser or other electronic
     or electric weapon or other implement for the infliction of
     serious bodily injury which serves no common lawful purpose.
        * * *
        Section 2.  Title 18 is amended by adding a section to read:
      § 908.1.  Use or possession of electric or electronic
                incapacitation device.
        (a)  Offense defined.--Except as set forth in subsection (b),
     a person commits an offense if the person does any of the
     following:
            (1)  Uses an electric or electronic incapacitation device
        on another person for an unlawful purpose.
            (2)  Possesses, with intent to violate paragraph (1), an
        electric or electronic incapacitation device.
        (b)  Self defense.--A person may possess and use an electric
     or electronic incapacitation device in the exercise of
     reasonable force in defense of the person or the person's
     property pursuant to Chapter 5 (relating to general principles
     of justification) if the electric or electronic incapacitation
     device is labeled with or accompanied by clearly written
     instructions as to its use and the damages involved in its use.
        (c)  Prohibited possession.--No person prohibited from
     possessing a firearm pursuant to section 6105 (relating to
     persons not to possess, use, manufacture, control, sell or
     transfer firearms) may possess or use an electric or electronic
     incapacitation device.
        (d)  Grading.--An offense under subsection (a) shall
     constitute a felony of the second degree if the actor acted with
     the intent to commit a felony. Otherwise any offense under this
     section is graded as a misdemeanor of the first degree.
        (e)  Exceptions.--Nothing in this section shall prohibit the
     possession or use by, or the sale or furnishing of any electric
     or electronic incapacitation device to, a law enforcement
     agency, peace officer, employee of a correctional institution,
     county jail or prison or detention center, the National Guard or
     reserves or a member of the National Guard or reserves for use
     in their official duties.
        (f)  Definition.--As used in this section, the term "electric
     or electronic incapacitation device" means a portable device
     which is designed or intended by the manufacturer to be used,
     offensively or defensively, to temporarily immobilize or
     incapacitate persons by means of electric pulse or current,
     including devices operating by means of carbon dioxide
     propellant. The term does not include cattle prods, electric
     fences or other electric devices when used in agricultural,
     animal husbandry or food production activities.
        Section 3.  Sections 2702 and 2708 of Title 18 are amended to
     read:
      § 2702.  Aggravated assault.
        (a)  Offense defined.--A person is guilty of aggravated
     assault if he:
            (1)  attempts to cause serious bodily injury to another,
        or causes such injury intentionally, knowingly or recklessly
        under circumstances manifesting extreme indifference to the
        value of human life;
            (2)  attempts to cause or intentionally, knowingly or
        recklessly causes serious bodily injury to any of the
        officers, agents, employees or other persons enumerated in
        subsection (c) or to an employee of an agency, company or
        other entity engaged in public transportation, while in the
        performance of duty;
            (3)  attempts to cause or intentionally or knowingly
        causes bodily injury to any of the officers, agents,
        employees or other persons enumerated in subsection (c), in
        the performance of duty;
            (4)  attempts to cause or intentionally or knowingly
        causes bodily injury to another with a deadly weapon;
            (5)  attempts to cause or intentionally or knowingly
        causes bodily injury to a teaching staff member, school board
        member or other employee, including a student employee, of
        any elementary or secondary publicly-funded educational
        institution, any elementary or secondary private school
        licensed by the Department of Education or any elementary or
        secondary parochial school while acting in the scope of his
        or her employment or because of his or her employment
        relationship to the school; [or]
            (6)  attempts by physical menace to put any of the
        officers, agents, employees or other persons enumerated in
        subsection (c), while in the performance of duty, in fear of
        imminent serious bodily injury[.]; or
            (7)  uses tear or noxious gas as defined in section
        2708(b) (relating to use of tear or noxious gas in labor
        disputes) or uses an electric or electronic incapacitation
        device against any officer, employee or other person
        enumerated in subsection (c) while acting in the scope of his
        employment.
        (b)  Grading.--Aggravated assault under subsection (a)(1) and
     (2) is a felony of the first degree. Aggravated assault under
     subsection (a)(3), (4), (5) [and], (6) and (7) is a felony of
     the second degree.
        (c)  Officers, employees, etc., enumerated.--The officers,
     agents, employees and other persons referred to in subsection
     (a) shall be as follows:
            (1)  Police officer.
            (2)  Firefighter.
            (3)  County adult probation or parole officer.
            (4)  County juvenile probation or parole officer.
            (5)  An agent of the Pennsylvania Board of Probation and
        Parole.
            (6)  Sheriff.
            (7)  Deputy sheriff.
            (8)  Liquor control enforcement agent.
            (9)  Officer or employee of a correctional institution,
        county jail or prison, juvenile detention center or any other
        facility to which the person has been ordered by the court
        pursuant to a petition alleging delinquency under 42 Pa.C.S.
        Ch. 63 (relating to juvenile matters).
            (10)  Judge of any court in the unified judicial system.
            (11)  The Attorney General.
            (12)  A deputy attorney general.
            (13)  A district attorney.
            (14)  An assistant district attorney.
            (15)  A public defender.
            (16)  An assistant public defender.
            (17)  A Federal law enforcement official.
            (18)  A State law enforcement official.
            (19)  A local law enforcement official.
            (20)  Any person employed to assist or who assists any
        Federal, State or local law enforcement official.
            (21)  Emergency medical services personnel.
            (22)  Parking enforcement officer.
            (23)  A district justice.
            (24)  A constable.
            (25)  A deputy constable.
            (26)  A psychiatric aide.
            (27)  A teaching staff member, a school board member or
        other employee, including a student employee, of any
        elementary or secondary publicly funded educational
        institution, any elementary or secondary private school
        licensed by the Department of Education or any elementary or
        secondary parochial school while acting in the scope of his
        or her employment or because of his or her employment
        relationship to the school.
            (28)  Governor.
            (29)  Lieutenant Governor.
            (30)  Auditor General.
            (31)  State Treasurer.
            (32)  Member of the General Assembly.
            (33)  An employee of the Department of Environmental
        Protection.
            (34)  An individual engaged in the private detective
        business as defined in section 2(a) and (b) of the act of
        August 21, 1953 (P.L.1273, No.361), known as The Private
        Detective Act of 1953.
            (35)  An employee or agent of a county children and youth
        social service agency.
        (d)  [Definition.--As used in this section, the term
     "emergency] Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Electric or electronic incapacitation device."  A portable
     device which is designed or intended by the manufacturer to be
     used, offensively or defensively, to temporarily immobilize or
     incapacitate persons by means of electric pulse or current,
     including devices operated by means of carbon dioxide
     propellant. The term does not include cattle prods, electric
     fences or other electric devices when used in agricultural,
     animal husbandry or food production activities.
        "Emergency medical services [personnel"] personnel."  The
     term includes, but is not limited to, doctors, residents,
     interns, registered nurses, licensed practical nurses, nurse
     aides, ambulance attendants and operators, paramedics, emergency
     medical technicians and members of a hospital security force
     while working within the scope of their employment.
      § 2708.  Use of tear or noxious gas in labor disputes.
        (a)  Offense defined.--A person other than a duly constituted
     officer of the law is guilty of a misdemeanor of the first
     degree if he uses or directs the use of tear or noxious gas
     against any person involved in a labor dispute.
        (b)  Definition.--As used in this section, the term "tear or
     noxious gas" means any liquid or gaseous substance that, when
     dispersed in the atmosphere, blinds the eyes with tears or
     irritates or injures other organs and tissues of the human body
     or causes nausea, including, but not limited to, red pepper
     spray.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 6th day of November, A. D. 2002.

     MARK S. SCHWEIKER