PRINTER'S NO. 325
No. 287 Session of 2003
INTRODUCED BY LYNCH, BAKER, BARD, BELARDI, BELFANTI, BUNT,
BUXTON, CAPPELLI, CASORIO, CAUSER, CORRIGAN, COSTA, CRAHALLA,
CRUZ, DALEY, DeWEESE, EGOLF, FAIRCHILD, FRANKEL, GABIG,
GEIST, GILLESPIE, HARHAI, HASAY, HENNESSEY, HESS, HORSEY,
HUTCHINSON, KELLER, KIRKLAND, KOTIK, LAUGHLIN, LEACH,
LEDERER, LEH, MARSICO, McCALL, McNAUGHTON, MELIO, R. MILLER,
O'NEILL, PAYNE, READSHAW, REICHLEY, ROBERTS, ROSS, SAINATO,
SATHER, SCAVELLO, SHANER, SOLOBAY, STABACK, STERN,
R. STEVENSON, SURRA, E. Z. TAYLOR, TIGUE, WALKO, WANSACZ,
WASHINGTON, WILT AND YOUNGBLOOD, FEBRUARY 12, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of vehicle
3 trespass.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3503(c) and (d) of Title 18 of the
7 Pennsylvania Consolidated Statutes, amended October 2, 2002
8 (P.L.806, No.116), are amended and the section is amended by
9 adding a subsection to read:
10 § 3503. Criminal trespass.
11 * * *
12 (b.3) Vehicle trespasser.--
13 (1) A person commits an offense if, knowing that he is
14 not licensed or privileged to do so he:
1 (i) enters, gains entry or remains in any vehicle;
2 or
3 (ii) breaks into and remains in any vehicle.
4 (2) An offense under paragraph (1)(i) constitutes a
5 summary offense. An offense under paragraph (1)(ii)
6 constitutes a misdemeanor of the third degree.
7 (c) Defenses.--It is a defense to prosecution under this
8 section that:
9 (1) a building or occupied structure involved in an
10 offense under subsection (a) of this section was abandoned;
11 (2) the premises [were] or vehicle was at the time open
12 to members of the public and the actor complied with all
13 lawful conditions imposed on access to or remaining in the
14 premises; or
15 (3) the actor reasonably believed that the owner of the
16 premises or vehicle, or other person empowered to license
17 access thereto, would have licensed him to enter or remain.
18 [(d) Definition.--As used in this section, the term "school
19 grounds" means any building of or grounds of any elementary or
20 secondary publicly funded educational institution, any
21 elementary or secondary private school licensed by the
22 Department of Education, any elementary or secondary parochial
23 school, any certified day-care center or any licensed preschool
24 program.]
25 (d) Definitions.--As used in this section, the following
26 words and phrases shall have the meanings given to them in this
27 subsection:
28 "Breaks into." To gain entry by force, breaking,
29 intimidation or unauthorized opening of locks, or through an
30 opening not designed for human access.
20030H0287B0325 - 2 -
1 "School grounds." Any building of or grounds of any
2 elementary or secondary publicly funded educational institution,
3 any elementary or secondary private school licensed by the
4 Department of Education, any elementary or secondary parochial
5 school, any certified day-care center or any licensed preschool
6 program.
7 "Vehicle." The term shall have the same meaning as given in
8 75 Pa.C.S. § 102 (relating to definitions).
9 Section 2. This act shall take effect in 60 days.
A16L18JS/20030H0287B0325 - 3 -