PRINTER'S NO.  440

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

436

Session of

2009

  

  

INTRODUCED BY COSTA, KITCHEN, FONTANA, BOSCOLA, ORIE, STOUT, KASUNIC, MUSTO, O'PAKE, TARTAGLIONE, LOGAN, WAUGH AND BROWNE, FEBRUARY 24, 2009

  

  

REFERRED TO JUDICIARY, FEBRUARY 24, 2009  

  

  

  

AN ACT

  

1

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

2

Consolidated Statutes, further providing for burglary.

3

The General Assembly of the Commonwealth of Pennsylvania

4

hereby enacts as follows:

5

Section 1.  Section 3502 of Title 18 of the Pennsylvania

6

Consolidated Statutes is amended to read:

7

§ 3502.  Burglary.

8

[(a)  Offense defined.--A person is guilty of burglary if he

9

enters a building or occupied structure, or separately secured

10

or occupied portion thereof, with intent to commit a crime

11

therein, unless the premises are at the time open to the public

12

or the actor is licensed or privileged to enter.

13

(b)  Defense.--It is a defense to prosecution for burglary

14

that the building or structure was abandoned.]

15

(a)  Offense defined.--A person commits the offense of

16

burglary if, with the intent to commit a crime therein, the

17

person:

 


1

(1)  enters a building or occupied structure, or

2

separately secured or occupied portion thereof that is

3

adapted for overnight accommodations in which at the time of

4

the offense any person is present;

5

(2)  enters a building or occupied structure, or

6

separately secured or occupied portion thereof that is

7

adapted for overnight accommodations in which at the time of

8

the offense no person is present;

9

(3)  enters a building or occupied structure, or

10

separately secured or occupied portion thereof that is not

11

adapted for overnight accommodations in which at the time of

12

the offense any person is present; or

13

(4)  enters a building or occupied structure, or

14

separately secured or occupied portion thereof that is not

15

adapted for overnight accommodations in which at the time of

16

the offense no person is present.

17

(b)  Defense.--It is a defense to prosecution for burglary if

18

any of the following exists at the time of the commission of the

19

offense:

20

(1)  The building or structure was abandoned.

21

(2)  The premises are open to the public.

22

(3)  The actor is licensed or privileged to enter.

23

(c)  Grading.--

24

(1)  Except as provided in paragraph (2), burglary is a

25

felony of the first degree.

26

(2)  [If the building, structure or portion entered is

27

not adapted for overnight accommodation and if no individual

28

is present at the time of entry, burglary is a felony of the

29

second degree.] An offense under subsection (a)(4) is a

30

felony of the second degree.

- 2 -

 


1

(d)  Multiple convictions.--A person may not be [convicted]

2

sentenced both for burglary and for the offense which it was his

3

intent to commit after the burglarious entry or for an attempt

4

to commit that offense, unless the additional offense

5

constitutes a felony of the first or second degree.

6

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

- 3 -