Pennsylvania Act 2007-41 — CRIMES CODE (18 PA.C.S.) - USE OF FORCE IN LAW ENFORCEMENT AND FIREARM TRACING

Act text

CRIMES CODE (18 PA.C.S.) - USE OF FORCE IN LAW ENFORCEMENT AND FIREARM
                                 TRACING
                  Act of Jul. 17, 2007, P.L. 139, No. 41              Cl. 18
                             Session of 2007
                               No. 2007-41

     SB 623

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, defining "corrections officer";
        further providing for use of force in law enforcement; in
        theft and related offenses, defining "firearm"; and providing
        for firearm tracing.

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

        Section 1.  Section 501 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended by adding a definition to read:
      § 501.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this chapter which are applicable to specific
     provisions of this chapter, the following words and phrases,
     when used in this chapter shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        * * *
        "Corrections officer."  A full-time employee assigned to the
     Department of Corrections whose principal duty is the care,
     custody and control of inmates of a penal or correctional
     institution operated by the Department of Corrections.
        * * *
        Section 2.  Section 508(c) of Title 18 is amended to read:
      § 508.  Use of force in law enforcement.
        * * *
        (c)  Use of force [to prevent] regarding escape.--
            (1)  A peace officer, corrections officer or other person
        who has an arrested or convicted person in his custody is
        justified in the use of such force to prevent the escape of
        the [arrested] person from custody as [he] the officer or
        other person would be justified in using under subsection (a)
        if [he] the officer or other person were arresting [such] the
        person.
            (2)  A [guard or other] peace officer or corrections
        officer is justified in the use of such force, including
        deadly force, which [he] the officer believes to be necessary
        to prevent the escape from a correctional institution of a
        person whom the officer believes to be lawfully detained in
        such institution under sentence for an offense or awaiting
        trial or commitment for an offense.
            (3)  A corrections officer is justified in the use of
        such force, which the officer believes to be necessary to
        defend himself or another from bodily harm during the pursuit
        of the escaped person. However, the officer is justified in
        using deadly force only when the officer believes that such
        force is necessary to prevent death or serious bodily injury
        to himself or another or when the officer believes that:
                (i)  such force is necessary to prevent the
            apprehension from being defeated by resistance; and
                (ii)  the escaped person has been convicted of
            committing or attempting to commit a forcible felony,
            possesses a deadly weapon or otherwise indicates that he
            will endanger human life or inflict serious bodily injury
            unless apprehended without delay.
        * * *
        Section 3.  Section 3901 of Title 18 is amended by adding a
     definition to read:
      § 3901.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this chapter which are applicable to specific
     provisions of this chapter, the following words and phrases when
     used in this chapter shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        * * *
        "Firearm."  Any weapon that 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.
        * * *
        Section 4.  Title 18 is amended by adding a section to read:
      § 6127.  Firearm tracing.
        (a)  Illegal possession.--Upon recovering a firearm from the
     possession of anyone under 21 years of age who is not permitted
     by Federal or State law to possess a firearm, a local law
     enforcement agency shall use the best available information,
     including a firearms trace where necessary, to determine how and
     from where the person under 21 years of age gained possession of
     the firearm.
        (b)  Tracing.--Local law enforcement shall use the National
     Tracing Center of the Federal Bureau of Alcohol, Tobacco,
     Firearms and Explosives in complying with subsection (a).
        (c)  Notification.--Local law enforcement agencies shall
     advise the Pennsylvania State Police of all firearms that are
     recovered in accordance with this section.
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 17th day of July, A. D. 2007.

     EDWARD G. RENDELL