CRIMES CODE (18 PA.C.S.) - CRIMINAL TRESPASS AND PENALTIES — 2014 Pa. Act 192 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 68, 2066, 3831,
4248
PRINTER'S NO. 4318
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
80
Session of
2013
INTRODUCED BY METCALFE, CLYMER, D. COSTA, COX, GILLEN, GROVE, C. HARRIS, HESS, KAUFFMAN, KORTZ, LONGIETTI, MILLARD, O'NEILL, PASHINSKI, PETRI, READSHAW, ROCK, SAYLOR, SWANGER, TOEPEL, WATSON, FREEMAN, R. MILLER, MULLERY, GABLER, FARRY, EVANKOVICH, TOOHIL, MARSHALL AND CALTAGIRONE, JANUARY 10, 2013
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 15, 2014
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in burglary and other criminal
intrusion, further providing for the offense of criminal
trespass; defining the offense of theft of secondary metal;
and prescribing penalties; and, in firearms and other
dangerous articles, further providing for Pennsylvania State
Police and for limitation on the regulation of firearms and
ammunition.
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 a section to read:
Section 1. Section 3503(b.1) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
Section 1. Section 3503(b.1) and (d) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3503. Criminal trespass.
* * *
(b.1) Simple trespasser.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he enters or remains in
any place for the purpose of:
(i) threatening or terrorizing the owner or occupant
of the premises;
(ii) starting or causing to be started any fire upon
the premises; [or]
(iii) defacing or damaging the premises[.]; or
(iv) unlawfully taking secondary metal from the
premises.
(2) An offense under [this subsection] paragraph (1)(iv)
constitutes a first degree misdemeanor. An offense under
paragraph (1)(i), (ii) or (iii) constitutes a summary
offense.
* * *
(d) [Definition.--As used in this section, the term "school
grounds" means any] Definitions.--As used in this section, the
following words and phrases shall have the meanings given to
them in this subsection:
"School grounds." 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 certified day-care center or any licensed preschool
program.
"Secondary metal." As defined in section 3935 (relating to
theft of secondary metal).
Section 2. Title 18 is amended by adding a section to read:
§ 3935. Theft of secondary metal.
(a) Offense defined.--A person commits the offense of theft
of secondary metal if the person unlawfully takes or attempts to
take possession of, carries away or exercises unlawful control
over any secondary metal with intent to deprive the rightful
owner thereof.
(b) Grading.--Except as set forth in subsection (c):
(1) An offense under this section constitutes a
misdemeanor of the third degree when the value of the
secondary metal unlawfully obtained is less than $50.
(2) When the value of the secondary metal unlawfully
obtained is $50 or more but less than $200 the offense
constitutes a misdemeanor of the second degree.
(3) When the value of the secondary metal unlawfully
obtained is $200 or more but less than $1,000 the offense
constitutes a misdemeanor of the first degree.
(4) When the value of the secondary metal unlawfully
obtained is $1,000 or more, the offense constitutes a felony
of the third degree.
(c) Third or subsequent offenses.--An offense under this
section constitutes a felony of the third degree when the
offense is a third or subsequent offense, regardless of the
value of the secondary metal. For purposes of this subsection, a
first and second offense includes a conviction, acceptance of
Accelerated Rehabilitative Disposition or other form of
preliminary disposition before the sentencing on the present
violation for an offense under this section or an offense under
section 3921 (relating to theft by unlawful taking or
disposition).
(d) Definition.--As used in this section, the term
"secondary metal" means wire, pipe or cable commonly used by
communications, gas and electrical utilities and railroads and
mass transit or commuter rail agencies, copper, aluminum or
other metal, or a combination of metals, that is valuable for
recycling or reuse as raw material.
Section 3. Section 6111.1(f)(3) and (g)(1) and (3) of Title
18 are amended to read:
§ 6111.1. Pennsylvania State Police.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
* * *
(3) Notwithstanding any law to the contrary, the
Pennsylvania State Police [may] shall, within 72 hours of
receipt, disclose, electronically or otherwise, to the United
States Attorney General or a designee, any record relevant to
a determination of whether a person is disqualified from
possessing or receiving a firearm under 18 U.S.C. § 922 (g)
(3) or (4) or an applicable state statute[.], and any record
relevant to a determination of whether a person is not
disqualified or is no longer disqualified from possessing or
receiving a firearm under 18 U.S.C. § 922(g)(3) or (4) or an
applicable state statute.
(g) Review by court.--
(1) Upon receipt of a copy of the order of a court of
competent jurisdiction which vacates a final order or an
involuntary certification issued by a mental health review
officer, the Pennsylvania State Police shall, after
disclosing relevant records under subsection (f)(3), expunge
all records of the involuntary treatment received under
subsection (f).
* * *
(3) The Pennsylvania State Police, after disclosing
relevant records under subsection (f)(3), shall expunge all
records of an involuntary commitment of an individual who is
discharged from a mental health facility based upon the
initial review by the physician occurring within two hours of
arrival under section 302(b) of the Mental Health Procedures
Act and the physician's determination that no severe mental
disability existed pursuant to section 302(b) of the Mental
Health Procedures Act. The physician shall provide signed
confirmation of the determination of the lack of severe
mental disability following the initial examination under
section 302(b) of the Mental Health Procedures Act to the
Pennsylvania State Police.
* * *
Section 4. Section 6120(b) of Title 18 is amended and the
section is amended by adding subsections to read:
§ 6120. Limitation on the regulation of firearms and
ammunition.
* * *
(a.2) Relief.--A person adversely affected by an ordinance,
a resolution, regulation, rule, practice or any other action
promulgated or enforced by a county, municipality or township
prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)
(relating to limitation on municipal powers) may seek
declaratory or injunctive relief and actual damages in an
appropriate court.
(a.3) Reasonable expenses.--A court shall award reasonable
expenses to a person adversely affected in an action under
subsection (a.2) for any of the following:
(1) A final determination by the court is granted in
favor of the person adversely affected.
(2) The regulation in question is rescinded, repealed or
otherwise abrogated after suit has been filed under
subsection (a.2) but before the final determination by the
court.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
ammunition.
"Firearms." This term shall have the meaning given to it in
section 5515 (relating to prohibiting of paramilitary training)
but shall not include air rifles as that term is defined in
section 6304 (relating to sale and use of air rifles).
"Person adversely affected." Any of the following:
(1) A resident of this Commonwealth who may legally
possess a firearm under Federal and State law.
(2) A person who otherwise has standing under the laws
of this Commonwealth to bring an action under subsection
(a.2).
(3) A membership organization, in which a member is a
person described under paragraph (1) or (2).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
"Reasonable expenses." The term includes, but is not limited
to, attorney fees, expert witness fees, court costs and
compensation for loss of income.
Section 2 3 5. This act shall take effect in 60 days.