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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 AND MENSCH, MARCH 25, 2011 |
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| REFERRED TO JUDICIARY, MARCH 25, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for arson and |
3 | related offenses. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3301 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding subsections to read: |
8 | § 3301. Arson and related offenses. |
9 | * * * |
10 | (a.1) Aggravated arson.--A person commits a felony of the |
11 | first degree if he intentionally starts a fire or causes an |
12 | explosion, or if he aids, counsels, pays or agrees to pay |
13 | another to cause a fire or explosion, whether on his own |
14 | property of on that of another, and if: |
15 | (1) he commits the offense with the intent to cause |
16 | bodily injury to another person, including, but not limited |
17 | to, a firefighter, police officer or other person actively |
18 | engaged in fighting the fire; or |
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1 | (2) he commits the offense when a person is present |
2 | inside the property at the time of the offense. |
3 | * * * |
4 | (i.1) Penalties.--A person convicted under this section |
5 | shall be subject to the following mandatory minimum sentences: |
6 | (1) A person convicted under subsection (a) or (a.1) |
7 | shall be sentenced to serve not less than ten years if bodily |
8 | injury results to a firefighter, police officer or other |
9 | person actively engaged in fighting the fire, or if serious |
10 | bodily injury results to any civilian. |
11 | (2) A person convicted under subsection (a) or (a.1) |
12 | shall be sentenced to serve not less than five years if: |
13 | (i) bodily injury results to a civilian; |
14 | (ii) more than three people were present inside the |
15 | property at the time of the offense; |
16 | (iii) more than three buildings or occupied |
17 | structures were damaged at the time of the offense; or |
18 | (iv) the fire caused more than $1,000,000 in |
19 | property damage. |
20 | (3) A person convicted of arson under subsection (a), |
21 | (a.1), (c) or (d) who at the time of the offense used an |
22 | incendiary or explosive device shall be sentenced to serve |
23 | not less than two years incarceration. This penalty shall be |
24 | served consecutively to any other sentence imposed for a |
25 | violation of this chapter, including, but not limited to, any |
26 | other applicable mandatory minimum sentences under this |
27 | subsection. |
28 | (4) The District Attorney shall have the authority to |
29 | waive the mandatory provisions of this subsection. |
30 | * * * |
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1 | (k) Consecutive sentences.--If, at the time of sentencing, |
2 | an offender is convicted of more than one offense under this |
3 | section, the court shall order that all sentences be served |
4 | consecutively. If, at the time of the offense, the offender is |
5 | on probation or parole for a prior conviction for an arson |
6 | offense under this section, the court shall order that the |
7 | sentence be served consecutively to the sentence for any prior |
8 | conviction. The District Attorney shall have the authority to |
9 | waive the mandatory provisions of this subsection. |
10 | Section 2. This act shall take effect in 60 days. |
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