Pennsylvania 2025 2025-2026 Regular Session

Pennsylvania House Bill HB1236 Introduced / Bill

                     
PRINTER'S NO. 1387 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.1236 
Session of 
2025 
INTRODUCED BY PIELLI, SHUSTERMAN, VENKAT, HILL-EVANS, SANCHEZ, 
FREEMAN, NEILSON, GIRAL, PROBST, DOUGHERTY, D. WILLIAMS, 
TAKAC, KENYATTA, GREEN, SCOTT, INGLIS, CURRY AND K.HARRIS, 
APRIL 17, 2025 
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 2025 
AN ACT
Amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game) 
and 42 (Judiciary and Judicial Procedure) of the Pennsylvania 
Consolidated Statutes, in assault, further providing for the 
offense of assault of law enforcement officer; and making 
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Section 2702.1 heading, (a) and (c) of Title 18 
of the Pennsylvania Consolidated Statutes are amended to read:
§ 2702.1.  Assault of law enforcement officer or hospital 
security officer.
(a)  Assault of a law enforcement officer or hospital 
security officer.--
(1) A person commits a felony of the first degree who 
attempts to cause or intentionally or knowingly causes bodily 
injury to a law enforcement officer or hospital security 
officer, while in the performance of duty and with knowledge 
that the victim is a law enforcement officer or hospital 
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18 security officer, by discharging a firearm.
(2)  Except as provided under sections 2703 (relating to 
assault by prisoner), 2703.1 (relating to aggravated 
harassment by prisoner) and 2704 (relating to assault by life 
prisoner), a person is guilty of a felony of the third degree 
if the person intentionally or knowingly causes or attempts 
to cause a law enforcement officer or hospital security 
officer, while in the performance of duty and with knowledge 
that the victim is a law enforcement officer or hospital 
security officer, to come into contact with blood, seminal 
fluid, saliva, urine or feces by throwing, tossing, spitting 
or expelling the fluid or material.
(3)  A person who commits an offense under paragraph (2) 
shall be guilty of a felony of the second degree if:
(i)  the person knew, had reason to know, should have 
known or believed the fluid or material to have been 
obtained from an individual, including the person charged 
under this section, infected by a communicable disease 
declared reportable by regulation authorized by the act 
of April 23, 1956 (1955 P.L.1510, No.500), known as the 
Disease Prevention and Control Law of 1955; and
(ii)  the communicable disease referenced in 
subparagraph (i) is communicable to the law enforcement 
officer or hospital security officer by the method used 
or attempted to be used to cause the law enforcement 
officer or hospital security officer to come into contact 
with the blood, seminal fluid, saliva, urine or feces.
* * *
(c)  Definitions.--As used in this section, the following 
words and phrases shall have the meanings given to them in this 
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30 subsection:
"Hospital security officer."  An employee of a hospital 
charged with maintaining the safety and secu 	rity of the property  
of the hospital and the individuals on the property.
"Law enforcement officer."  The term shall have the same 
meaning as the term "peace officer" is given under section 501 
(relating to definitions).
"Firearm."  As defined under 42 Pa.C.S. § 9712(e) (relating 
to sentences for offenses committed with firearms).
Section 2.  Section 904(b) of Title 30 is amended to read:
§ 904.  Interference with officers.
* * * 
(b)  Assaulting an officer.--A violation of 18 Pa.C.S. §§ 
2702 (relating to aggravated assault), that involves a person 
listed under 18 Pa.C.S. § 2702(c)(38), and 2702.1 (relating to 
assault of law enforcement officer or hospital security officer ) 
is an offense under this title, and the penalties set forth in 
18 Pa.C.S. §§ 2702 and 2702.1 shall apply.
* * * 
Section 3.  Section 905.1 of Title 34 is amended to read:
§ 905.1.  Assaulting an officer.
A violation of 18 Pa.C.S. § 2702 (relating to aggravated 
assault), that involves a person listed under 18 Pa.C.S. §§ 
2702(c)(37), and 2702.1 (relating to assault of law enforcement 
officer or hospital security officer ) is an offense under this 
title, and the penalties set forth in 18 Pa.C.S. §§ 2702 and 
2702.1 shall apply.
Section 4.  Sections 9714(g) and 9719.1 heading and (a) of 
Title 42 are amended to read:
§ 9714.  Sentences for second and subsequent offenses.
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(g)  Definition.--As used in this section, the term "crime of 
violence" means murder of the third degree, voluntary 
manslaughter, manslaughter of a law enforcement officer as 
defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal 
homicide of law enforcement officer), murder of the third degree 
involving an unborn child as defined in 18 Pa.C.S. § 2604(c) 
(relating to murder of unborn child), aggravated assault of an 
unborn child as defined in 18 Pa.C.S. § 2606 (relating to 
aggravated assault of unborn child), aggravated assault as 
defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to 
aggravated assault), assault of law enforcement officer as 
defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law 
enforcement officer or hospital security officer ), use of 
weapons of mass destruction as defined in 18 Pa.C.S. § 2716(b) 
(relating to weapons of mass destruction), terrorism as defined 
in 18 Pa.C.S. § 2717(b)(2) (relating to terrorism), 
strangulation when the offense is graded as a felony as defined 
in 18 Pa.C.S. § 2718 (relating to strangulation), trafficking of 
persons when the offense is graded as a felony of the first 
degree as provided in 18 Pa.C.S. § 3011 (relating to trafficking 
in individuals), rape, involuntary deviate sexual intercourse, 
aggravated indecent assault, incest, sexual assault, arson 
endangering persons or aggravated arson as defined in 18 Pa.C.S. 
§ 3301(a) or (a.1) (relating to arson and related offenses), 
ecoterrorism as classified in 18 Pa.C.S. § 3311(b)(3) (relating 
to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. 
§ 3502(a)(1) (relating to burglary) , robbery as defined in 18 
Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or 
robbery of a motor vehicle, drug delivery resulting in death as 
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30 defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery 
resulting in death), or criminal attempt, criminal conspiracy or 
criminal solicitation to commit murder or any of the offenses 
listed above, or an equivalent crime under the laws of this 
Commonwealth in effect at the time of the commission of that 
offense or an equivalent crime in another jurisdiction.
§ 9719.1.  Sentences for offenses committed against law 
enforcement officer or hospital security officer .
(a)  Mandatory sentence.--A person convicted of the following 
offense shall be sentenced to a mandatory term of imprisonment 
as follows:
18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law 
enforcement officer or hospital security officer ) - not less 
than 20 years.
* * *
Section 5.  This act shall take effect in 60 days.
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