HB 1673 — An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, providing for prohibition on law enforcement use of chemical weapons.

PRINTER'S NO.   2046

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1673
                                               Session of
                                                 2025

     INTRODUCED BY RABB, WEBSTER AND FIEDLER, JUNE 26, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 2025


                                     AN ACT
 1   Amending Title 44 (Law and Justice) of the Pennsylvania
 2      Consolidated Statutes, providing for prohibition on law
 3      enforcement use of chemical weapons.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 44 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                 CHAPTER 9
 9                     PROHIBITION ON LAW ENFORCEMENT USE
10                            OF CHEMICAL WEAPONS
11   Sec.
12   901.   Scope of chapter.
13   902.   Definitions.
14   903.   Prohibition on use of chemical weapons.
15   § 901.   Scope of chapter.
16      This chapter relates to the prohibition on law enforcement
17   use of chemical weapons.
18   § 902.   Definitions.
19      The following words and phrases when used in this chapter
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Chemical weapon."    The following:
 4          (1)     Tear or noxious gas as defined in 18 Pa.C.S. §
 5      2708(b) (relating to use of tear or noxious gas in labor
 6      disputes), including chlorobenzalmalononitrile or oleoresin
 7      capsicum.
 8          (2)     Mace.
 9          (3)     A pepper ball.
10          (4)     A pepper spray.
11          (5)     Any chemical compound intended to incapacitate an
12      individual or cause pain, discomfort or any other form of
13      harm to an individual.
14      "Crowd control."    Directing the manner in which the public
15   gathers together at a planned or impromptu event and moves at
16   and around the event terrain.
17      "Kinetic impact projectile."        An item shot from a type of
18   gun, launcher or other projectile weapon used for crowd control
19   by a law enforcement agency, including:
20          (1)     A rubber or plastic bullet.
21          (2)     A bean bag round.
22          (3)     A sponge round.
23          (4)     A pellet round.
24          (5)     Any other similar item used by law enforcement.
25      "Law enforcement agency."       Any of the following:
26          (1)     The Pennsylvania State Police.
27          (2)     The Pennsylvania Capitol Police.
28          (3)     The Harrisburg International Airport Police.
29          (4)     An airport authority police department.
30          (5)     A county park police force under 16 Pa.C.S. §

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 1      16511(b) (relating to employees and police).
 2            (6)   A public agency of a political subdivision having
 3      general police powers and charged with making arrests in
 4      connection with the enforcement of the criminal or traffic
 5      laws, including the sheriff's office in a county of the
 6      second class.
 7            (7)   A campus police or university police department.
 8            (8)   A railroad or street railway police department.
 9            (9)   Any other individual or entity authorized to
10      exercise peace officer powers within this Commonwealth.
11      "Peace officer."    As defined in 18 Pa.C.S. § 501 (relating to
12   definitions).
13   § 903.   Prohibition on use of chemical weapons.
14      (a)   General rule.--Except as provided under subsection (b),
15   a law enforcement agency or peace officer may not do the
16   following:
17            (1)   Use, deploy or threaten to use or deploy kinetic
18      impact projectiles into a crowd or gathering of individuals
19      for any reason or as a means to control the activity or
20      movement of a gathering of individuals.
21            (2)   Use, deploy or threaten to use or deploy a chemical
22      weapon in any situation.
23      (b)   Exception.--A law enforcement agency or peace officer
24   may use pepper spray if the following conditions are met:
25            (1)   An individual is actively combative, physically
26      threatening and ignoring or resisting the verbal commands and
27      warnings of a peace officer.
28            (2)   The behavior of the individual is causing imminent
29      danger of injury or death to a peace officer or another
30      individual.

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1         (3)   The peace officer has given at least two verbal
2     warnings to the individual that the peace officer will use
3     pepper spray if the individual does not cease the behavior
4     which has placed a peace officer or another individual in
5     imminent danger of injury or death.
6     Section 2.    This act shall take effect in 60 days.




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