THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, PILEGGI, DINNIMAN, FOLMER, FONTANA, WAUGH, SOLOBAY, BREWSTER AND MENSCH, MARCH 25, 2011

REFERRED TO JUDICIARY, MARCH 25, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for arson and

related offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3301 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 3301.  Arson and related offenses.

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(a.1)  Aggravated arson.--A person commits a felony of the

first degree if he intentionally starts a fire or causes an

explosion, or if he aids, counsels, pays or agrees to pay

another to cause a fire or explosion, whether on his own

property of on that of another, and if:

(1)  he commits the offense with the intent to cause

bodily injury to another person, including, but not limited

to, a firefighter, police officer or other person actively

engaged in fighting the fire; or

(2)  he commits the offense when a person is present

inside the property at the time of the offense.

* * *

(i.1)  Penalties.--A person convicted under this section

shall be subject to the following mandatory minimum sentences:

(1)  A person convicted under subsection (a) or (a.1)

shall be sentenced to serve not less than ten years if bodily

injury results to a firefighter, police officer or other

person actively engaged in fighting the fire, or if serious

bodily injury results to any civilian.

(2)  A person convicted under subsection (a) or (a.1)

shall be sentenced to serve not less than five years if:

(i)  bodily injury results to a civilian;

(ii)  more than three people were present inside the

property at the time of the offense;

(iii)  more than three buildings or occupied

structures were damaged at the time of the offense; or

(iv)  the fire caused more than $1,000,000 in

property damage.

(3)  A person convicted of arson under subsection (a),

(a.1), (c) or (d) who at the time of the offense used an

incendiary or explosive device shall be sentenced to serve

not less than two years incarceration. This penalty shall be

served consecutively to any other sentence imposed for a

violation of this chapter, including, but not limited to, any

other applicable mandatory minimum sentences under this

subsection.

(4)  The District Attorney shall have the authority to

waive the mandatory provisions of this subsection.

* * *

(k)  Consecutive sentences.--If, at the time of sentencing,

an offender is convicted of more than one offense under this

section, the court shall order that all sentences be served

consecutively. If, at the time of the offense, the offender is

on probation or parole for a prior conviction for an arson

offense under this section, the court shall order that the

sentence be served consecutively to the sentence for any prior

conviction. The District Attorney shall have the authority to

waive the mandatory provisions of this subsection.

Section 2.  This act shall take effect in 60 days.