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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 20250HB1236PN1387 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB1236PN1387 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 * * * (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 20250HB1236PN1387 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB1236PN1387 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16