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| PRIOR PRINTER'S NO. 918 | PRINTER'S NO. 1832 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, PILEGGI, DINNIMAN, FOLMER, FONTANA, WAUGH, SOLOBAY, BREWSTER, MENSCH, BRUBAKER AND FARNESE, MARCH 25, 2011 |
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| SENATOR GREENLEAF, JUDICIARY, AS AMENDED, DECEMBER 6, 2011 |
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| AN ACT |
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1 | Amending Title Titles 18 (Crimes and Offenses) and 42 (Judiciary | <-- |
2 | and Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, further providing for possession of firearm or | <-- |
4 | other dangerous weapon in court facility, for arson and |
5 | related offenses and for sentences for second and subsequent | <-- |
6 | offenses; and providing for sentencing for arson offenses. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 3301 of Title 18 of the Pennsylvania | <-- |
10 | Consolidated Statutes is amended by adding subsections to read: |
11 | Section 1. Section 913(f) of Title 18 of the Pennsylvania | <-- |
12 | Consolidated Statutes is amended to read: |
13 | § 913. Possession of firearm or other dangerous weapon in court |
14 | facility. |
15 | * * * |
16 | (f) Definitions.--As used in this section, the following |
17 | words and phrases shall have the meanings given to them in this |
18 | subsection: |
19 | "Court facility." The courtroom of a court of record; a |
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1 | courtroom of a community court; the courtroom of a magisterial |
2 | district judge; a courtroom of the Philadelphia Municipal Court; |
3 | a courtroom of the Pittsburgh Magistrates Court; a courtroom of |
4 | the Traffic Court of Philadelphia; judge's chambers; witness |
5 | rooms; jury deliberation rooms; attorney conference rooms; |
6 | prisoner holding cells; offices of court clerks, the district |
7 | attorney, the sheriff and probation and parole officers; and any |
8 | adjoining corridors. |
9 | "Dangerous weapon." A bomb, any explosive or incendiary |
10 | device or material when possessed with intent to use or to |
11 | provide such device or material to commit any offense described |
12 | in Chapter 33 (relating to arson, criminal mischief and other |
13 | property destruction), grenade, blackjack, sandbag, metal |
14 | knuckles, dagger, knife (the blade of which is exposed in an |
15 | automatic way by switch, push-button, spring mechanism or |
16 | otherwise) or other implement for the infliction of serious |
17 | bodily injury which serves no common lawful purpose. |
18 | "Firearm." Any weapon, including a starter gun, which will |
19 | or is designed to expel a projectile or projectiles by the |
20 | action of an explosion, expansion of gas or escape of gas. The |
21 | term does not include any device designed or used exclusively |
22 | for the firing of stud cartridges, explosive rivets or similar |
23 | industrial ammunition. |
24 | Section 2. Section 3301(b) and (f) of Title 18 are amended |
25 | and the section is amended by adding A subsection to read: |
26 | § 3301. Arson and related offenses. |
27 | * * * |
28 | (a.1) Aggravated arson.--A person commits a felony of the | <-- |
29 | (1) A person commits a felony of the first degree if he | <-- |
30 | intentionally starts a fire or causes an explosion, or if he |
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1 | aids, counsels, pays or agrees to pay another to cause a fire |
2 | or explosion, whether on his own property of or on that of | <-- |
3 | another, and if: |
4 | (1) he commits the offense with the intent to cause | <-- |
5 | (i) he attempts to cause, or intentionally, | <-- |
6 | knowingly or recklessly causes bodily injury to another |
7 | person, including, but not limited to, a firefighter, |
8 | police officer or other person actively engaged in |
9 | fighting the fire; or |
10 | (2) he commits the offense when a person is present | <-- |
11 | (ii) he commits the offense when a person is present | <-- |
12 | inside the property at the time of the offense. |
13 | (2) A person who commits aggravated arson is guilty of | <-- |
14 | murder of the second degree if the fire or explosion causes |
15 | the death of any person, including but not limited to a |
16 | firefighter, police officer or other person actively engaged |
17 | in fighting the fire, and is guilty of murder of the first |
18 | degree if the fire or explosion causes the death of any |
19 | person and was set with the purpose of causing the death of |
20 | another person. |
21 | (b) Sentence.--[A person convicted of violating the] |
22 | (1) A person convicted of violating the provisions of |
23 | subsection (a)(2), murder of the first degree, shall be |
24 | sentenced to death or life imprisonment without right to |
25 | parole; a person convicted of murder of the second degree, |
26 | pursuant to subsection (a)(2), shall be sentenced to life |
27 | imprisonment without right to parole. Notwithstanding |
28 | provisions to the contrary, no language herein shall infringe |
29 | upon the inherent powers of the Governor to commute said |
30 | sentence. |
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1 | (2) A person convicted under subsection (a) or (a.1) may |
2 | be sentenced to a term of imprisonment which shall be fixed |
3 | by the court at not more than 40 years if: |
4 | (i) bodily injury results to a firefighter, police |
5 | officer or other person actively engaged in fighting the |
6 | fire; or |
7 | (ii) serious bodily injury results to a civilian. |
8 | * * * |
9 | (f) Possession of explosive or incendiary materials or | <-- |
10 | devices.--A person commits a felony of the third degree if he |
11 | possesses, manufactures or transports any incendiary or |
12 | explosive device or material with the intent to use or to |
13 | provide such device or material to commit any offense described |
14 | in [subsection (a), (c) or (d)] this chapter. |
15 | (i.1) Penalties.--A person convicted under this section | <-- |
16 | shall be subject to the following mandatory minimum sentences: |
17 | (1) A person convicted under subsection (a) or (a.1) |
18 | shall be sentenced to serve not less than ten years if bodily |
19 | injury results to a firefighter, police officer or other |
20 | person actively engaged in fighting the fire, or if serious |
21 | bodily injury results to any civilian. |
22 | (2) A person convicted under subsection (a) or (a.1) |
23 | shall be sentenced to serve not less than five years if: |
24 | (i) bodily injury results to a civilian; |
25 | (ii) more than three people were present inside the |
26 | property at the time of the offense; |
27 | (iii) more than three buildings or occupied |
28 | structures were damaged at the time of the offense; or |
29 | (iv) the fire caused more than $1,000,000 in |
30 | property damage. |
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1 | (3) A person convicted of arson under subsection (a), |
2 | (a.1), (c) or (d) who at the time of the offense used an |
3 | incendiary or explosive device shall be sentenced to serve |
4 | not less than two years incarceration. This penalty shall be |
5 | served consecutively to any other sentence imposed for a |
6 | violation of this chapter, including, but not limited to, any |
7 | other applicable mandatory minimum sentences under this |
8 | subsection. |
9 | (4) The District Attorney shall have the authority to |
10 | waive the mandatory provisions of this subsection. |
11 | * * * |
12 | (k) Consecutive sentences.--If, at the time of sentencing, | <-- |
13 | an offender is convicted of more than one offense under this |
14 | section, the court shall order that all sentences be served |
15 | consecutively. If, at the time of the offense, the offender is |
16 | on probation or parole for a prior conviction for an arson |
17 | offense under this section, the court shall order that the |
18 | sentence be served consecutively to the sentence for any prior |
19 | conviction. The District Attorney shall have the authority to |
20 | waive the mandatory provisions of this subsection. |
21 | Section 3. Section 9714(g) of Title 42, amended July 7, 2011 | <-- |
22 | (P.L.220, No.40), is amended to read: |
23 | § 9714. Sentences for second and subsequent offenses. |
24 | * * * |
25 | (g) Definition.--As used in this section, the term "crime of |
26 | violence" means murder of the third degree, voluntary |
27 | manslaughter, aggravated assault as defined in 18 Pa.C.S. § |
28 | 2702(a)(1) or (2) (relating to aggravated assault), rape, |
29 | involuntary deviate sexual intercourse, aggravated indecent |
30 | assault, incest, sexual assault, arson endangering persons or |
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1 | aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) |
2 | (relating to arson and related offenses), kidnapping, burglary |
3 | of a structure adapted for overnight accommodation in which at |
4 | the time of the offense any person is present, robbery as |
5 | defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating |
6 | to robbery), or robbery of a motor vehicle, drug delivery |
7 | resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating |
8 | to drug delivery resulting in death), or criminal attempt, |
9 | criminal conspiracy or criminal solicitation to commit murder or |
10 | any of the offenses listed above, or an equivalent crime under |
11 | the laws of this Commonwealth in effect at the time of the |
12 | commission of that offense or an equivalent crime in another |
13 | jurisdiction. |
14 | Section 4. Title 42 is amended by adding a section to read: |
15 | § 9720.3. Sentencing for arson offenses. |
16 | (a) Sentencing enhancement.--The Pennsylvania Commission on |
17 | Sentencing shall provide for a sentence enhancement for arson |
18 | offenses if any of the following factors are present: |
19 | (1) bodily injury results to a firefighter, police |
20 | officer or other person actively engaged in fighting the |
21 | fire; |
22 | (2) serious bodily injury results to a civilian; |
23 | (3) more than three people were present inside the |
24 | property at the time of the offense; or |
25 | (4) the fire caused more than $1,000,000 in property |
26 | damage. |
27 | (b) Proof at sentencing.--The provisions of this section |
28 | shall not be an element of the crime and notice of the |
29 | provisions of this section to the defendant shall not be |
30 | required prior to conviction, but reasonable notice of the |
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1 | Commonwealth's intention to proceed under this section shall be |
2 | provided after conviction and before sentencing. |
3 | Section 2 5. This act shall take effect in 60 days. | <-- |
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