Pennsylvania Act 2002-172 — CRIMES CODE (18 PA.C.S.) - AMEND RESTORATION OF FIREARM RIGHTS, UNLAWFUL CONTACT WITH MINOR AND CONTINGENT COMPENSATION

Act text

CRIMES CODE (18 PA.C.S.) - AMEND RESTORATION OF FIREARM RIGHTS UNLAWFUL
              CONTACT WITH MINOR AND CONTINGENT COMPENSATION
                 Act of Dec. 9, 2002, P.L. 1391, No. 172              Cl. 18
                             Session of 2002
                               No. 2002-172

     HB 2070

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for simple assault;
        providing for restoration of firearm rights for offenses
        under prior laws of this Commonwealth; further providing for
        unlawful contact with a minor; and providing for contingent
        compensation.

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

        Section 1.  Section 2701 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2701.  Simple assault.
        (a)  Offense defined.--A person is guilty of assault if he:
            (1)  attempts to cause or intentionally, knowingly or
        recklessly causes bodily injury to another;
            (2)  negligently causes bodily injury to another with a
        deadly weapon;
            (3)  attempts by physical menace to put another in fear
        of imminent serious bodily injury; or
            (4)  conceals or attempts to conceal a hypodermic needle
        on his person and intentionally or knowingly penetrates a law
        enforcement officer or an officer or an employee of a
        correctional institution, county jail or prison, detention
        facility or mental hospital during the course of an arrest or
        any search of the person.
        (b)  Grading.--Simple assault is a misdemeanor of the second
     degree unless committed:
            (1)  in a fight or scuffle entered into by mutual
        consent, in which case it is a misdemeanor of the third
        degree; or
            (2)  against a child under 12 years of age by an adult 21
        years of age or older, in which case it is a misdemeanor of
        the first degree.
        Section 2.  Title 18 is amended by adding a section to read:
      § 6105.1.  Restoration of firearm rights for offenses under
                prior laws of this Commonwealth.
        (a)  Restoration.--A person convicted of a disabling offense
     may make application to the court of common pleas in the county
     where the principal residence of the applicant is situated for
     restoration of firearms rights. The court shall grant
     restoration of firearms rights after a hearing in open court to
     determine whether the requirements of this section have been met
     unless:
            (1)  the applicant has been convicted of any other
        offense specified in section 6105(a) or (b) (relating to
        persons not to possess, use, manufacture, control, sell or
        transfer firearms) or the applicant's conduct meets the
        criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
        (7);
            (2)  the applicant has been convicted of any other crime
        punishable by imprisonment exceeding one year as defined in
        section 6102 (relating to definitions); or
            (3)  the applicant's character and reputation is such
        that the applicant would be likely to act in a manner
        dangerous to public safety.
        (b)  Notice and standing.--
            (1)  Notice of an application for restoration of firearms
        rights shall be provided to the Pennsylvania State Police,
        the district attorney of the county where the disabling
        offense occurred and the district attorney of the county
        where the application is filed. The district attorney of the
        county where the application is filed, the district attorney
        of the county where the disabling offense occurred and the
        Pennsylvania State Police may, at their option, be parties to
        the proceeding.
            (2)  Notwithstanding paragraph (1), the standing of the
        Pennsylvania State Police as a party to a proceeding under
        this section shall be limited to determinations of whether
        the offense meets the definition of the phrase "disabling
        offense" or whether the provisions of subsection (a)(1) and
        (2) have been satisfied.
        (c)  Copy of order to Pennsylvania State Police.--If the
     court grants restoration of firearms rights to an applicant, a
     copy of the order shall be sent by the prothonotary within ten
     days of the entry of the order to the district attorneys and the
     Pennsylvania State Police, Firearms Division, and shall include
     the name, date of birth and Social Security number of the
     applicant.
        (d)  Expungement and pardon.--A restoration of firearms
     rights under this section shall not result in the expungement of
     any criminal history record information nor will it constitute a
     gubernatorial pardon.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Disabling offense."  A conviction for any offense which:
            (1)  resulted in a Federal firearms disability and is
        substantially similar to either an offense currently graded
        as a crime punishable by a term of imprisonment for not more
        than two years or conduct which no longer constitutes a
        violation of law; and
            (2)  was a violation of either of the following:
                (i)  the former act of May 1, 1929 (P.L.905, No.403),
            known as The Vehicle Code, or the former act of April 29,
            1959 (P.L.58, No.32), known as The Vehicle Code; or
                (ii)  the former act of June 24, 1939 (P.L.872,
            No.375), known as the Penal Code.
     The definition shall not include any offense which, if committed
     under contemporary standards, would constitute a misdemeanor of
     the second degree or greater under section 2701 (relating to
     simple assault) and was committed by a current or former spouse,
     parent or guardian of the victim, by a person with whom the
     victim shares a child in common, by a person who is cohabitating
     with or has cohabitated with the victim as a spouse, parent or
     guardian or by a person similarly situated to a spouse, parent
     or guardian of the victim.
        "Restoration of firearms rights."  Relieving any and all
     disabilities with respect to a person's right to own, possess,
     use, control, sell, purchase, transfer, manufacture, receive,
     ship or transport firearms, including any disabilities imposed
     pursuant to this subchapter. The phrase shall also mean the
     restoration of the right to vote, to hold public office and to
     serve on a jury.
        Section 3.  Section 6318(a) and (b) of Title 18, amended
     November 20, 2002 (P.L.1104, No.134), are amended to read:
      § 6318.  Unlawful contact with minor.
        (a)  Offense defined.--A person commits an offense if he [or
     she intentionally contacts a minor, and either the person
     initiating the contact or the minor being contacted is within
     this Commonwealth,] is intentionally in contact with a minor for
     the purpose of engaging in an activity prohibited under any of
     the following, and either the person initiating the contact or
     the person being contacted is within this Commonwealth:
            (1)  Any of the offenses enumerated in Chapter 31
        (relating to sexual offenses).
            (2)  Open lewdness as defined in section 5901 (relating
        to open lewdness).
            (3)  Prostitution as defined in section 5902 (relating to
        prostitution and related offenses).
            (4)  Obscene and other sexual materials and performances
        as defined in section 5903 (relating to obscene and other
        sexual materials and performances).
            (5)  Sexual abuse of children as defined in section 6312
        (relating to sexual abuse of children).
            (6)  Sexual exploitation of children as defined in
        section 6320 (relating to sexual exploitation of children).
        (b)  Grading.--A violation of subsection (a) is:
            (1)  an offense of the same grade and degree as the most
        serious underlying offense in subsection (a) for which the
        defendant contacted [or communicated with] the minor; or
            (2)  a misdemeanor of the first degree;
     whichever is greater.
        * * *
        Section 4.  Title 18 is amended by adding a section to read:
      § 7515.  Contingent compensation.
        (a)  Offense defined.--
            (1)  No person may compensate or incur an obligation to
        compensate any person to engage in lobbying for compensation
        contingent in whole or in part upon the passage, defeat,
        approval or veto of legislation.
            (2)  No person may engage or agree to engage in lobbying
        for compensation contingent in whole or in part upon the
        passage, defeat, approval or veto of legislation.
        (b)  Penalty.--Any person who violates this section commits a
     misdemeanor of the third degree.
        (c)  Definition.--As used in this section, the term
     "lobbying" means an effort to influence State legislative action
     for economic consideration.
        Section 5.  This act shall take as follows:
            (1)  The addition of 18 Pa.C.S. §§ 6105.1 and 7515 shall
        take effect immediately.
            (2)  This section shall take effect immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER