HB-1878 proposes another off-limit place

[coat4gun]

We do not need any more victim disarmament zones. This bill proposes to add "or private residential rehabilitative institution." to the list.

http://www.legis.state.pa.us/cfdocs/...type=B&bn=1878

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offenses of possession of weapons, aggravated assault, criminal trespass and solicitation of minors at private residential rehabilitative institutions.

[falcn]

What the hell?

erm.....

The Rehabilitative part is only part of the bill....bolded below

http://www.legis.state.pa.us/CFDOCS/...r=1878&pn=2495

INTRODUCED BY KILLION, BARRAR, BRENNAN, CHRISTIANA, DALLY,
DePASQUALE, FAIRCHILD, GALLOWAY, GINGRICH, GODSHALL, GROVE,
HARHART, HENNESSEY, MAJOR, MANN, MARKOSEK, MARSHALL,
MICOZZIE, MUSTIO, O'NEILL, PASHINSKI, REICHLEY, SAYLOR,
SIPTROTH, SOLOBAY, STEVENSON, R. TAYLOR, TRUE, VULAKOVICH AND
YUDICHAK,

JULY 22, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JULY 22, 2009

AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offenses of possession of weapons, aggravated assault, criminal trespass and solicitation of minors at private residential rehabilitative institutions.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 912(b), 2702(a) and (c), 3503(d),
6317(a) and 6319(c) of Title 18 of the Pennsylvania Consolidated

Statutes are amended to read:
§ 912. Possession of weapon on school property.
* * *
(b) Offense defined.--A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school or private residential rehabilitative institution.
* * *
§ 2702. Aggravated assault.
(a) Offense defined.--A person is guilty of aggravated assault if he:
(1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
(3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education [or], any elementary or secondary parochial school or private residential rehabilitative institution while acting in the scope of his
or her employment or because of his or her employment relationship to the school;
(6) attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury; or
(7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment.
* * *
(c) Officers, employees, etc., enumerated.--The officers,
agents, employees and other persons referred to in subsection
(a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any Federal, State or local law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A magisterial district judge.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or other employee, including a student employee, of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education [or], any elementary or secondary parochial school or private residential rehabilitative institution while acting in the scope of his or her employment or because of his or her employment relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
(32) Member of the General Assembly.
(33) An employee of the Department of Environmental
Protection.
(34) An individual engaged in the private detective
business as defined in section 2(a) and (b) of the act of
August 21, 1953 (P.L.1273, No.361), known as The Private
Detective Act of 1953.
(35) An employee or agent of a county children and youth
social service agency or of the legal representative of such
agency.
(36) A public utility employee or an employee of an
electric cooperative.
* * *
§ 3503. Criminal trespass.
* * *
(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial
school, any private residential rehabilitative institution, any certified day-care center or any licensed preschool program.

§ 6317. Drug-free school zones.
(a) General rule.--A person 18 years of age or older who is convicted in any court of this Commonwealth of a violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, shall, if the delivery or possession with intent to deliver of the controlled substance occurred within 1,000 feet of the real property on which is located a public, private or parochial school, private residential rehabilitative institution or a college or university or within 250 feet of the real property on which is located a recreation center or
playground or on a school bus, be sentenced to a minimum sentence of at least two years of total confinement, notwithstanding any other provision of this title, The Controlled Substance, Drug, Device and Cosmetic Act or other statute to the contrary. The maximum term of imprisonment shall be four years for any offense:
(1) subject to this section; and
(2) for which The Controlled Substance, Drug, Device and Cosmetic Act provides for a maximum term of imprisonment of less than four years. If the sentencing court finds that the delivery or possession with intent to deliver was to an individual under 18 years of age, then this section shall not be applicable and the offense shall be subject to section 6314 (relating to sentencing and penalties for trafficking drugs to minors).
* * *
§ 6319. Solicitation of minors to traffic drugs.
* * *
(c) Definition.--As used in this section, the term "drugfree school zone" means the area within 1,000 feet of the real property on which is located a public, private or parochial school, private residential rehabilitative institution or a college or university. The term also includes a school bus or the area within 500 feet of a school bus stop.

Section 2. This act shall take effect in 60 days.

[headcase]

We do not need any more victim disarmament zones. This bill proposes to add "or private residential rehabilitative institution." to the list.

http://www.legis.state.pa.us/cfdocs/...type=B&bn=1878

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offenses of possession of weapons, aggravated assault, criminal trespass and solicitation of minors at private residential rehabilitative institutions.

Another name for nursing home. I guess the normal laws against doing illegal things are not enough to protect the elderly.... or maybe they are trying to make it easier for the psychos to do their work, thereby saving the family care expenses?


You know, it't like driving down the road in a old car that you love, but you know it has problems that can't be fixed. You can hear the rockers clacking, but you hope. Then you hear the piston thrown and all the smoke and calamity as it dies....We hear the rockers, but the rod hasn't been thrown yet...but it's coming...

[JCWohlschlag]

Instead of a “nursing home”, wouldn’t a “private residential rehabilitative institution” be more inline with the definition provided by 24 P.S. § 9-964.1 (c) in this case? Since the sections affected by this bill all deal with education facilities, the Education Code definition (even though this statutory definition limits itself to this section) might make more sense.

24 P.S. § 9-964.1

• Title 24 P.S. Education
  
  • Chapter 1. Public School Code of 1949
    
    • Article IX-A. Intermediate Units
      
      • § 9-964.1. Contracts with private residential rehabilitative institutions; certain criteria in department audits

…

(c) For the purpose of this section, a “private residential rehabilitative institution” means a facility, other than one operated by a public agency, which as of December 31, 1977 provided to juveniles legally committed thereto or legally committed to a day treatment program of that institution pursuant to a proceeding under the act of December 6, 1972 (P.L. 1464, No. 333), known as the “Juvenile Act,” [11 P.S. § 50-101 et seq. (repealed).] educational services as part of a total rehabilitative package, funded, at least in part, through contractual agreements with the county of which each child is a resident, whereby the institution received from the county an amount per diem for each child legally committed thereto or legally committed to a day treatment program thereof. For the purpose of this section, educational services shall be defined as direct expenditures for instruction and the administration of the instructional program. Any expenditures not pertaining directly to instruction and the administration of the instructional program of the students shall be considered a cost of child welfare services as provided for in sections 704.1 and 704.2, act of June 13, 1967 (P.L. 31, No. 21) [62 P.S. §§ 704.1 and 704.2.], known as the “Public Welfare Code,” and as a social service as defined in the regulations promulgated pursuant to that act. Under no circumstances shall a school district or the Department of Education be required to provide funding for programs operated in excess of one hundred eighty (180) days of instruction or nine hundred (900) hours of instruction at the elementary level or nine hundred ninety (990) hours of instruction at the secondary level during any one school year. However, nothing in this section shall be construed to alter or limit the educational rights of exceptional children.

…

Addendum: The list of the private residential rehabilitative institutions (PRRIs) for the 2008–2009 school year can be found here: http://www.pde.state.pa.us/child_acc...9_06-23-09.pdf.

[customloaded]

Seems like this law would unfairly prejudice those residents living at said facility. It is there legal residence, is it not? I would imagine that not all residents living in private care facilities are bed ridden or so restricted mentally or physically that they could not legally own and posses a firearm.

Just saying...

Course, guess it doesn't matter if President O's health insurance plan is passed, elderly people won't be allotted funds to pay for said health care and will end up passing away....right?

[stephpd]

Would this include private homes where folks with mental problems live? I don't live in PA but there is one of these places right next door to me. These folks have something wrong upstairs but I'm not sure if they've ever been committed or deemed unfit. They walk, drive and basically live life but are on some state assistance and don't have jobs.

[CommonHighrise]

Whoa whoa whoa whoa whoa.

Private? As in not at all owned by the government, state, county, city, township, village, or otherwise, but an actual Joe Blo like me and you?

If the private property owner doesn't wish to have firearms, they can just say so, and have those with firearms leave the premises. It's not like nursing homes see a lot of in/out foot traffic like a mall, so you're only really dealing with residents and employees, both of which a private property and business owner has the power to prevent firearm possession.

On the other hand, if one of us were to open a nursing home, I'm sure we wouldn't mind having grandpa pack his 1911 around the halls, or allow the employees to protect themselves.

This law is doing nothing but stripping the private property owner of their right to choose what is and is not allowed on their own property. It's nothing but a clear and present example of the 'death by 1000 cuts' tactic of the Tyrants.