PRIOR PRINTER'S NO. 651 PRINTER'S NO. 1296
No. 612 Session of 1993
INTRODUCED BY FUMO, BELAN, REIBMAN, AFFLERBACH, O'PAKE, STOUT, LYNCH, FISHER, SCHWARTZ, STAPLETON AND DAWIDA, MARCH 8, 1993
AS AMENDED ON THIRD CONSIDERATION, MAY 24, 1993
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, further providing for criminal mischief. 4 The General Assembly finds and declares as follows: 5 (1) For the health, safety and welfare of the residents 6 of this Commonwealth, the laws designed to deter the 7 defacement of public and private property through the use of 8 aerosol spray-paint cans, broad-tipped indelible markers and 9 other marking devices should be strengthened. 10 (2) Where appropriate, the court should require those 11 who commit acts of defacement to restore the damaged property 12 to its original condition. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 3304(a) of Title 18 of the Pennsylvania 16 Consolidated Statutes is amended to read: 17 § 3304. Criminal mischief. 18 (a) Offense defined.--A person is guilty of criminal
1 mischief if he: 2 (1) damages tangible property of another intentionally, 3 recklessly, or by negligence in the employment of fire, 4 explosives, or other dangerous means listed in section 5 3302(a) of this title (relating to causing or risking 6 catastrophe); 7 (2) intentionally or recklessly tampers with tangible 8 property of another so as to endanger person or property; 9 [or] 10 (3) intentionally or recklessly causes another to suffer 11 pecuniary loss by deception or threat[.]; or 12 (4) intentionally defaces or otherwise damages tangible 13 public property or tangible property of another with an 14 aerosol spray-paint can, broad-tipped indelible marker or 15 similar marking device. 16 * * * 17 Section 2. Title 42 is amended by adding a section to read: 18 § 9720.1. Sentencing for criminal mischief. 19 (a) Sentencing.--A person convicted of an offense under 18 20 Pa.C.S. §§ 3304(a)(4) (relating to criminal mischief) and 21 3307(a.1) (relating to institutional vandalism), and who in the 22 opinion of the sentencing court would benefit, shall be 23 sentenced to a term of supervised community service, including 24 repairing or restoring damaged property, in accordance with the 25 following: 26 (1) If the damage to the property is less than $200, the 27 term of community service shall not be less than 50 days nor 28 more than 74 days. 29 (2) If the damage to the property is at least $200, but 30 less than $1,000, the term of community service shall not be 19930S0612B1296 - 2 -
1 less than 75 days nor more than 99 days. 2 (3) If the damage to the property is $1,000 or more, the 3 term of community service shall not be less than 100 days nor 4 more than 200 days. 5 (b) Satisfactory completion of community service program.-- 6 Satisfactory completion of the community service program under 7 subsection (a) shall result in a dismissal of charges and 8 expungement of the record of the person convicted under 18 <-- 9 Pa.C.S. § 3307 SENTENCED UNDER SUBSECTION (A). The court shall <-- 10 follow procedures similar to those established for the 11 Accelerated Rehabilitative Disposition Program. 12 Section 3. This act shall take effect in 60 days. B5L18BIL/19930S0612B1296 - 3 -