PRINTER'SH2016B2830A05579 SFR:JMT 05/12/20 #90 A05579 AMENDMENTS TO HOUSE BILL NO.

28302016 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2016REPRESENTATIVE 2019D. INTRODUCED BY SCHMITT, MOUL, GREINER, RYAN, JONES, MIZGORSKI, STRUZZI, CIRESI, BURGOS, BERNSTINE, READSHAW, JOZWIAK, GABLER AND GOODMAN, OCTOBER 30, 2019 REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 30, 2019 AN ACT AmeConsolidated Statutes, in assault, providing for the offense of harassment of law enforcement officer;

andMILLER imposingPrinter's penalties.No.

The2830 GeneralAmend AssemblyBill, ofpage 1, line 15, by inserting after "officer" , acting in the Commonwealthperformance of Pennsylvaniaduties, herebyAmend enactsBill, aspage follows:2, lines 9 through 12, by striking out all of said lines and inserting (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

Section"Communicable 1.disease." An illness that is:

Title(1) 18capable of being spread to a susceptible host through the Pennsylvaniadirect Consolidatedor Statutesindirect istransmission amendedof an infectious agent or its toxic product by addingan ainfected sectionperson, toanimal read:or arthropod or through the inanimate environment;

§and 2703.2(2) Harassmentlisted ofunder law enforcementas officer.a disease that must be reported to the Department of Health if discovered by a health care provider, health care facility or clinical laboratory.

(a)"Law Offense defined.--Except as provided in 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 harassment of law enforcement officerofficer." ifAs the personterm intentionally"peace orofficer" knowinglyis causesdefined orunder attemptssection to501 cause(relating a law enforcement officer to comedefinitions). into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material.

(b)2020/90SFR/HB2016A05579 Grading.--An- offense1 under- this section is a felony of the third degree if, at the time of the offense, the person knew, had reason to know, should have known or believed such fluid or material to have been obtained from an individual, including the person charged under this section, infected by a communicable disease, including, but not limited to, human immunodeficiency virus (HIV) or hepatitis B.

Otherwise, the offense constitutes a misdemeanor of the first degree.

(c) Definition.--As used in this section, the term "law enforcement officer" shall have the same meaning as the term "peace officer" is given under section 501 (relating to definitions).

Section 2.

This act shall take effect in 60 days.

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