2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 95 - CRIMES CODE (18 PA.C.S.) - OFFENSE OF EVADING ARREST OR DETENTION ON FOOT AND OFFENSE OF HARMING A POLICE ANIMAL WHILE EVADING ARREST OR DETENTION
Session of 2022
No. 2022-95
SB 814
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in obstructing governmental operations, providing for the offense of evading arrest or detention on foot and for the offense of harming a police animal while evading arrest or detention.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated Statutes is amended by adding sections to read:
§ 5104.2. Evading arrest or detention on foot.
(a) Offense defined.--A person commits an offense if the person knowingly and intentionally flees on foot from a public servant attempting to lawfully arrest or detain that person.
(b) Grading.--An offense under this section is:
(1) A felony of the third degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers serious bodily injury as a direct result of a violation of this section.
(2) A felony of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers death as a direct result of a violation of this section.
(3) Except as provided under paragraph (1) or (2), a misdemeanor of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor.
(4) Except as provided under paragraph (1), (2) or (3), a summary offense.
§ 5104.3. Harming a police animal while evading arrest or detention.
(a) Offense defined.--A person commits an offense if, while engaging in an act prohibited under section 5104 (relating to resisting arrest or other law enforcement), 5104.1 (relating to disarming law enforcement officer) or 5104.2 (relating to evading arrest or detention on foot) or 75 Pa.C.S. § 3733 (relating to fleeing or attempting to elude police officer), the person harms a police animal as defined in section 5531 (relating to definitions).
(b) Grading.--An offense under this section is:
(1) A felony of the third degree if the police animal suffers death or serious bodily injury.
(2) A misdemeanor of the second degree if the police animal suffers bodily injury.
(c) Restitution.--In a case in which a defendant is convicted of a violation under subsection (a), the defendant shall be ordered to make restitution to the agency or individual owning the animal for veterinary bills, for replacement costs of the animal if it is disabled or killed and for the salary of the animal's handler for the period of time the handler's services are lost to the agency.
Section 2. This act shall take effect in 60 days.
APPROVED--The 18th day of July, A.D. 2022.
