PRINTER'S NO. 2991
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2237
Session of
2024
INTRODUCED BY SCHEUREN, M. BROWN, STEHR, SMITH, BERNSTINE,
M. MACKENZIE, ROAE, HAMM, FLICK, STAATS, KAUFFMAN, PICKETT,
LABS, FEE, HEFFLEY, MARCELL, KEEFER, RADER, KRUPA, KLUNK,
R. MACKENZIE, O'NEAL, STENDER, WATRO, LEADBETER, GAYDOS,
KUTZ, FRITZ, GROVE, DELOZIER, CAUSER, MUSTELLO AND FLOOD,
APRIL 25, 2024
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 25, 2024
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in arson, criminal mischief and other property
destruction, further providing for the offense of criminal
mischief; in burglary and other criminal intrusion, providing
for removal of trespassers from real property; in particular
rights and immunities, providing for an offense and civil
action relating to trespass on real property; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3304(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 3304. Criminal mischief.
* * *
(b) Grading.--[Criminal mischief is a felony of the third
degree if the actor intentionally causes pecuniary loss in
excess of $5,000, or a substantial interruption or impairment of
public communication, transportation, supply of water, gas or
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power, or other public service. It is a misdemeanor of the
second degree if the actor intentionally causes pecuniary loss
in excess of $1,000, or a misdemeanor of the third degree if he
intentionally or recklessly causes pecuniary loss in excess of
$500 or causes a loss in excess of $150 for a violation of
subsection (a)(4). Otherwise criminal mischief is a summary
offense.] Criminal mischief shall be graded as:
(1) a felony of the first degree if the actor unlawfully
enters a building or occupied structure and intentionally
causes pecuniary loss in excess of $1,000;
(2) a felony of the third degree if the actor
intentionally causes pecuniary loss in excess of $5,000 or a
substantial interruption or impairment of public
communication, transportation, supply of water, gas or power,
or other public service;
(3) a misdemeanor of the second degree if the actor
intentionally causes pecuniary loss in excess of $1,000;
(4) a misdemeanor of the third degree if the actor
intentionally or recklessly causes pecuniary loss in excess
of $500 or causes a loss in excess of $150 for a violation of
subsection (a)(4); or
(5) a summary offense if paragraphs (1), (2), (3) and
(4) do not apply.
* * *
Section 2. Title 18 is amended by adding a section to read:
ยง 3503.1. Removal of trespassers from real property.
(a) Authorization to remove.--Notwithstanding any other
provision of law, a law enforcement officer having probable
cause based on an affidavit under subsection (d) to believe that
a person on real property has no lawful right of occupancy or
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entry on the real property or is trespassing in violation of
section 3503 (relating to criminal trespass), shall have the
authority to remove the person from the premises.
(b) Warrant.--If probable cause exists to believe that a
person occupying a building or occupied structure has no lawful
right of occupancy or entry based on an affidavit submitted
under subsection (d), a law enforcement officer shall obtain a
search warrant prior to entering the building or occupied
structure.
(c) Evidence of lawful occupation.--A law enforcement
officer removing a person from real property under this section
shall provide the person with a reasonable opportunity to secure
and present credible evidence demonstrating that the person is
an owner or tenant, a guest or invitee of an owner or tenant or
otherwise lawfully occupying the real property.
(d) Affidavit.--An owner, or an authorized agent of the
owner, of real property may request removal of a person
occupying the real property by providing to law enforcement a
signed affidavit stating all of the following:
(1) The affiant is the owner or authorized agent of the
owner of real property located at a given address.
(2) The person who is not licensed or privileged to do
so has entered, occupied or remained on the real property.
(3) Except as provided in paragraph (4), the person is
not and, to the affiant's knowledge and belief, has not been
a tenant at the address.
(4) If the person who is unlawfully occupying a building
or occupied structure was a former tenant, the person was
lawfully evicted from the real property. The affiant shall
include a copy of the eviction order with the affidavit.
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(5) The affiant has demanded that the person vacate the
real property and the person has not done so.
(6) The affiant understands that the statements
contained in the affidavit are subject to the penalties for
unsworn falsification to authorities under section 4904
(relating to unsworn falsification to authorities).
(7) The affiant understands and acknowledges the
prohibitions in the act of April 6, 1951 (P.L.69, No.20),
known as The Landlord and Tenant Act of 1951, against taking
or detaining a tenant's personal property or removing or
excluding a tenant from residential property without an
authorizing court order.
(e) Savings clause.--Nothing in this section shall be
construed to abrogate or otherwise limit the authority or
jurisdiction of law enforcement otherwise provided by law.
(f) Illegal alien status.--If a law enforcement officer
determines that a person who is unlawfully occupying real
property in violation of section 3503 is an illegal alien, the
law enforcement officer shall immediately provide notice to the
United States Immigration and Customs Enforcement of the
person's status as an illegal alien. The law enforcement officer
shall include with the notice all relevant information possessed
by the law enforcement officer.
(g) Immunity.--In addition to any other applicable immunity
or limitation on civil liability, a law enforcement officer who,
acting in good faith, removes a person from real property in
accordance with this section shall not be subject to civil
liability.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Illegal alien." A noncitizen of the United States who is
residing in the United States without official authorization in
violation of Federal immigration laws.
Section 3. Title 42 is amended by adding a section to read:
ยง 8320.1. Trespass on real property.
(a) Cause of action established.--An owner of real property
shall have a cause of action against a person who knowingly or
intentionally entered, gained entry by subterfuge or
surreptitiously remained on the real property and refused the
owner's demands to vacate the real property.
(b) Treble damages and attorney fees.--In addition to any
other relief prescribed by law, an owner of real property who
brings suit and prevails under this section shall be awarded
treble damages and reasonable attorney fees.
Section 4. This act shall take effect in 60 days.
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