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                                                       PRINTER'S NO. 420

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 405 Session of 1997


        INTRODUCED BY MUSTO, STOUT, SCHWARTZ, HECKLER, STAPLETON,
           LEMMOND AND BELAN, FEBRUARY 7, 1997

        REFERRED TO JUDICIARY, FEBRUARY 7, 1997

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, prohibiting the unauthorized taking of
     3     newspapers from municipal recycling containers placed for
     4     collection.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 3934.  Theft from municipal recycling containers.
    10     (a)  Offense defined.--A person commits a summary offense if
    11  the person, without prior authorization to do so, removes any
    12  newspapers that have been sorted, bundled or baled for recycling
    13  or placed in a recycling container of another person which has
    14  been placed for collection.
    15     (b)  Penalty.--A person who commits an offense under this
    16  section shall be sentenced to pay a fine of not more than $300
    17  or, in the alternative and at the discretion of the court, to
    18  perform community service for not fewer than eight hours nor


     1  more than 16 hours.
     2     (c)  Definition.--As used in this section, the term
     3  "municipal recycling container" means a container that is owned
     4  by a municipality or a party under a contract with a
     5  municipality and is clearly marked as to ownership and supplied
     6  to a person for the deposit of newspapers and other materials to
     7  be collected.
     8     Section 2.  This act shall take effect in 60 days.















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