act-1998-0-70•Pennsylvania Act 1998-70 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1998-70 — CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
act-1998-0-701998 Pa. Act 70Law
Act text
CRIMES CODE (18 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Jun. 18, 1998, P.L. 503, No. 70 Cl. 18
Session of 1998
No. 1998-70
SB 543
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for neglect of care-
dependent people,for control of firearms, for firearms
licenses, for firearms sale and transfer, for functions of
the Pennsylvania State Police relative to firearms, for the
Firearms Instant Records Check Fund and for licensing of
firearms dealers; and providing for municipal housing code
avoidance and for control of alarm devices and automatic
dialing devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2713(d)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 2713. Neglect of care-dependent person.
* * *
(d) Enforcement.--
* * *
(2) In addition to the authority conferred upon the
Attorney General under the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the
Attorney General shall have the authority to investigate and
institute criminal proceedings for any violation of this
section [or any series of such violations involving more than
one county of this Commonwealth or involving any county of
this Commonwealth and another state]. A person charged with a
violation of this section by the Attorney General shall not
have standing to challenge the authority of the Attorney
General to investigate or prosecute the case, and, if any
such challenge is made, the challenge shall be dismissed and
no relief shall be available in the courts of this
Commonwealth to the person making the challenge.
* * *
Section 2. Section 6105(c)(4) of Title 18 is amended and the
section is amended by adding a subsection to read:
§ 6105. Persons not to possess, use, manufacture, control,
sell or transfer firearms.
* * *
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
* * *
(j) Copy of order to State Police.--If the court grants
relief from the disabilities imposed under this section, a copy
of the order shall be sent by the prothonotary within ten days
of the entry of the order to the Pennsylvania State Police and
shall include the name, date of birth and Social Security number
of the individual.
Section 3. Section 6109(e)(1)(xii) and (i) of Title 18 are
amended to read:
§ 6109. Licenses.
* * *
(e) Issuance of license.--
(1) A license to carry a firearm shall be for the
purpose of carrying a firearm concealed on or about one's
person or in a vehicle and shall be issued if, after an
investigation not to exceed 45 days, it appears that the
applicant is an individual concerning whom no good cause
exists to deny the license. A license shall not be issued to
any of the following:
* * *
(xii) An individual who is a fugitive from justice.
This subparagraph does not apply to an individual whose
fugitive status is based upon nonmoving or moving summary
offense under Title 75 (relating to vehicles).
* * *
(i) Revocation.--A license to carry firearms may be revoked
by the issuing authority for good cause. A license to carry
firearms shall be revoked by the issuing authority for any
reason stated in subsection (e)(1) which occurs during the term
of the permit. Notice of revocation shall be in writing and
shall state the specific reason for revocation. Notice shall be
sent by certified mail, and, at that time, a copy shall be
forwarded to the commissioner. An individual whose license is
revoked shall surrender the license to the issuing authority
within five days of receipt of the notice. An individual whose
license is revoked may appeal to the court of common pleas for
the judicial district in which the individual resides. An
individual who violates this section commits a summary offense.
* * *
Section 4. Section 6111(b)(1.1)(i), (1.4) and (3) and (g)(3)
of Title 18 are amended and subsections (b) and (g) are amended
by adding paragraphs to read:
§ 6111. Sale or transfer of firearms.
* * *
(b) Duty of seller.--No licensed importer, licensed
manufacturer or licensed dealer shall sell or deliver any
firearm to another person, other than a licensed importer,
licensed manufacturer, licensed dealer or licensed collector,
until the conditions of subsection (a) have been satisfied and
until he has:
* * *
(1.1) On [and after the earlier of] the date of
publication in the Pennsylvania Bulletin of a notice by the
Pennsylvania State Police that the instantaneous records
check has been implemented [or the date of July 1, 1998], all
of the following shall apply:
(i) [For] In the event of an electronic failure
under section 6111.1(b)(2) (relating to Pennsylvania
State Police) for purposes of a firearm which exceeds the
barrel and related lengths set forth in section 6102,
obtained a completed application/record of sale from the
potential buyer or transferee to be filled out in
triplicate, the original copy to be sent to the
Pennsylvania State Police, postmarked via first class
mail, within 14 days of sale, one copy to be retained by
the licensed importer, licensed manufacturer or licensed
dealer for a period of 20 years and one copy to be
provided to the purchaser or transferee.
* * *
(1.4) [Prior to January 1, 1997, and following]
Following implementation of the instantaneous records check
by the Pennsylvania State Police on or before [October 11]
December 31, 1999, no application/record of sale shall be
completed for the purchase or transfer of a firearm which
exceeds the barrel lengths set forth in section 6102. A
statement shall be submitted by the dealer to the
Pennsylvania State Police, postmarked via first class mail,
within 14 days of the sale, containing the number of firearms
sold which exceed the barrel and related lengths set forth in
section 6102, the amount of surcharge and other fees remitted
and a list of the unique approval numbers given pursuant to
paragraph (4), together with a statement that the background
checks have been performed on the firearms contained in the
statement. The form of the statement relating to performance
of background checks shall be promulgated by the Pennsylvania
State Police.
* * *
(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
juvenile delinquency history and a mental health record
check. The purchaser and the licensed dealer shall provide
such information as is necessary to accurately identify the
purchaser. The requester shall be charged a fee equivalent to
the cost of providing the service but not to exceed $2 per
buyer or transferee.
* * *
(7) For purposes of the enforcement of 18 United States
Code § 922(d)(9), (g)(1) and (s)(1) (relating to unlawful
acts), in the event the criminal history or juvenile
delinquency background check indicates a conviction for a
misdemeanor that the Pennsylvania State Police cannot
determine is or is not related to an act of domestic
violence, the Pennsylvania State Police shall issue a
temporary delay of the approval of the purchase or transfer.
During the temporary delay, the Pennsylvania State Police
shall conduct a review or investigation of the conviction
with courts, local police departments, district attorneys and
other law enforcement or related institutions as necessary to
determine whether or not the misdemeanor conviction involved
an act of domestic violence. The Pennsylvania State Police
shall conduct the review or investigation as expeditiously as
possible. No firearm may be transferred by the dealer to the
purchaser who is the subject of the investigation during the
temporary delay. The Pennsylvania State Police shall notify
the dealer of the termination of the temporary delay and
either deny the sale or provide the unique approval number
under paragraph (4).
* * *
(g) Penalties.--
* * *
(3) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally requests
a criminal history, juvenile delinquency or mental health
record check or other confidential information [pursuant to
section 6109] from the Pennsylvania State Police [or other
law enforcement agency] under this chapter for any purpose
other than compliance with this chapter or knowingly and
intentionally disseminates any criminal history, juvenile
delinquency or mental health record or other confidential
information [pursuant to section 6109] to any person other
than the subject of the information commits a felony of the
third degree.
(3.1) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally obtains
or furnishes information collected or maintained pursuant to
section 6109 for any purpose other than compliance with this
chapter or who knowingly or intentionally disseminates,
publishes or otherwise makes available such information to
any person other than the subject of the information commits
a felony of the third degree.
* * *
Section 5. Section 6111.1(b)(3) and (e) of Title 18 are
amended and the section is amended by adding a subsection to
read:
§ 6111.1. Pennsylvania State Police.
* * *
(b) Duty of Pennsylvania State Police.--
* * *
(3) The Pennsylvania State Police shall fully comply,
execute and enforce the directives of this section [within
four years of the enactment of this subsection.] as follows:
(i) The instantaneous background check for firearms
as defined in section 6102 (relating to definitions)
shall begin on July 1, 1998.
(ii) The instantaneous background check for firearms
that exceed the barrel lengths set forth in section 6102
shall begin following notice published in the
Pennsylvania Bulletin on the date of implementation but
no later than December 31, 1999.
* * *
(e) Challenge to records.--Any person who is denied the
right to receive, sell, transfer, possess, carry, manufacture or
purchase a firearm as a result of the procedures established by
this section may challenge the accuracy of that person's
criminal history, juvenile delinquency history or mental health
record [under the procedures of Chapter 91 (relating to criminal
history record information).] pursuant to a denial by the
instantaneous records check in accordance with procedures
established by the Pennsylvania State Police. The decision
resulting from a challenge under this subsection may be appealed
to the Attorney General within 30 days of the decision by the
Pennsylvania State Police. The decision of the Attorney General
may be appealed to the Commonwealth Court in accordance with
court rule.
* * *
(j) Immunity.--The Pennsylvania State Police and its
employees shall be immune from actions for damages for the use
of a firearm by a purchaser or for the unlawful transfer of a
firearm by a dealer unless the act of the Pennsylvania State
Police or its employees constitutes a crime, actual fraud,
actual malice or willful misconduct.
Section 6. Sections 6111.3 heading and (a), 6113(a)(5) and
(d) of Title 18 are amended to read:
§ 6111.3. Firearm [Instant] Records Check Fund.
(a) Establishment.--The Firearm [Ownership] Records Check
Fund is hereby established as a restricted account in the State
Treasury, separate and apart from all other public money or
funds of the Commonwealth, to be appropriated annually by the
General Assembly, for use in carrying out the provisions of
section 6111 (relating to firearm ownership). The moneys in the
fund on June 1, 1998, are hereby appropriated to the
Pennsylvania State Police.
* * *
§ 6113. Licensing of dealers.
(a) General rule.--The chief or head of any police force or
police department of a city, and, elsewhere, the sheriff of the
county, shall grant to reputable applicants licenses, in form
prescribed by the Pennsylvania State Police, effective for three
years from date of issue, permitting the licensee to sell
firearms direct to the consumer, subject to the following
conditions in addition to those specified in section 6111
(relating to sale or transfer of firearms), for breach of any of
which the license shall be forfeited and the licensee subject to
punishment as provided in this subchapter:
* * *
(5) A true record in triplicate shall be made of every
firearm sold, in a book kept for the purpose, the form of
which may be prescribed by the Pennsylvania State Police, and
shall be personally signed by the purchaser and by the person
effecting the sale, each in the presence of the other, and
shall contain the information required by section 6111. The
record shall be maintained by the licensee for a period of 20
years.
* * *
(d) Definitions.--For the purposes of this section and
section 6112 (relating to retail dealer required to be licensed)
only unless otherwise specifically provided, the term "firearm"
shall include any weapon that is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of any such weapon.
Section 7. Title 18 is amended by adding sections to read:
§ 7510. Municipal housing code avoidance.
(a) Offense defined.--A person commits the crime of
municipal housing code avoidance if:
(1) the person has been convicted of a fourth or
subsequent violation of the same subsection of a municipal
housing code for the same property;
(2) the violation has been continual and uncorrected;
(3) the violation poses a threat to the public's health,
safety or property; and
(4) no reasonable attempt has been made by the person to
correct the violation.
(b) Grading.--Municipal housing code avoidance shall
constitute a:
(1) Misdemeanor of the second degree when the offense is
a fourth conviction of a violation of the same subsection
under a municipal housing code relating to the same property.
(2) Misdemeanor of the first degree when the offense is
based on five or more convictions of violations of the same
subsection under a municipal housing code relating to the
same property.
(c) Definition.--As used in this section, the term
"municipal housing code" means any municipality's building,
housing or property maintenance code or ordinance.
§ 7511. Control of alarm devices and automatic dialing
devices.
(a) Automatic dialing devices.--A person may not attach or
use an automatic dialing device without doing all of the
following:
(1) Providing the disclosure under subsection (b).
(2) Obtaining prior written approval from a public
safety agency to use the automatic dialing device to alert
the public safety agency of an alarm condition. The public
safety agency shall not be responsible for any costs for the
installation and maintenance of any dedicated telephone line
or equipment associated with the alarm termination.
(b) Disclosure.--A person seeking approval under subsection
(a) shall disclose the telephone number of a person to be
contacted if the automatic dialing device is activated and all
relevant facts concerning the design and layout of the premises
to be protected by the automatic dialing device. The person
shall inform the public safety agency of any change in the
information required by this subsection as soon as practicable.
(c) False alarms prohibited.--
(1) A person that owns, uses or possesses an alarm
device or automatic dialing device may not, after causing or
permitting three false alarms to occur in a consecutive 12-
month period, cause or permit a subsequent false alarm to
occur in the same consecutive 12-month period. A person that
violates this paragraph commits a summary offense and shall,
upon conviction, be sentenced to pay a fine of not more than
$300.
(2) Venue for prosecution of an offense under this
subsection shall lie at any of the following places:
(i) Where the alarm originated.
(ii) Where the alarm was received by the:
(A) public service agency; or
(B) third person designated to notify the public
service agency.
(3) Notwithstanding 42 Pa.C.S. § 3733 (relating to
deposits into account) or any other law, the disposition of
fines shall be as follows:
(i) The fine shall be paid to the municipality if
all of the following apply:
(A) The public safety agency which responded to
the false alarm serves the municipality.
(B) The prosecution is initiated by the public
safety agency under clause (A) or by the
municipality.
(ii) The full amount of the fine shall be paid to
the Commonwealth if all of the following apply:
(A) The Pennsylvania State Police is the public
safety agency which responded to the false alarm.
(B) The prosecution is initiated by the
Pennsylvania State Police.
(c) There is no prosecution under subparagraph
(i).
(d) Suspension or revocation of approval.--The public safety
agency may refuse, revoke or suspend the approval granted under
subsection (a) if the public safety agency determines any of the
following:
(1) The request for approval contains a statement of
material of fact which is false.
(2) The person failed to comply with this section.
(3) The person violated subsection (c).
(e) Local regulation of installers.--
(1) General rule.--Except as set forth in paragraph (2),
nothing in this section shall prohibit a municipality from
requiring any individual who installs alarms in such
municipality to acquire a license, meet educational
requirements or pass an examination relating to competence to
perform such installations. Nothing in this section shall
preclude municipalities from doing any of the following:
(i) Denying or revoking local permits for failure to
comply with local ordinances.
(ii) Levying lawful taxes and fees.
(iii) Requiring the purchase of a business privilege
license.
(2) Limitation.--A municipality may not require a
licensed electrical contractor to acquire a separate or
additional license or certification to install alarms if the
electrical contractor is licensed by the municipality and has
passed an examination in the National Electrical Code, a
similar code or local electrical code and has at least two
years' experience as an electrical contractor.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Alarm." A communication to a public safety agency
indicating that a crime, fire or other emergency warranting
immediate action by that public safety agency has occurred or is
occurring.
"Alarm device." A device designed to automatically transmit
an alarm:
(1) directly to a public safety agency; or
(2) to a person that is instructed to notify the public
safety agency of the alarm.
"Automatic dialing device." A device which is interconnected
to a telephone line and preprogrammed to transmit the coded
signal of an alarm to a dedicated telephone trunk line or to
dial a predetermined telephone number to an alarm to a public
safety agency.
"Dedicated telephone trunk line." A telephone line or lines
which serve a public safety agency which is dedicated to
receiving transmissions from an automatic dialing device.
"False alarm." The activation of an alarm device to which a
public safety agency responds when a crime, fire or other
emergency has not occurred.
"Person." An individual, corporation, partnership,
incorporated association or other similar entity.
"Public safety agency." The Pennsylvania State Police or any
municipal police or fire department.
Section 8. This act shall take effect as follows:
(1) The amendment or addition of 18 Pa.C.S. §§
2713(d)(2), 7510 and 7511 shall take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
APPROVED--The 18th day of June, A. D. 1998.
THOMAS J. RIDGE
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