THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, DECEMBER 6, 2011   

AN ACT

Amending Title Titles 18 (Crimes and Offenses) and 42 (Judiciary

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and Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for possession of firearm or

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other dangerous weapon in court facility, for arson and

related offenses and for sentences for second and subsequent

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offenses; and providing for sentencing for arson offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3301 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended by adding subsections to read:

Section 1.  Section 913(f) of Title 18 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 913.  Possession of firearm or other dangerous weapon in court

facility.

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(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Court facility."  The courtroom of a court of record; a

courtroom of a community court; the courtroom of a magisterial

district judge; a courtroom of the Philadelphia Municipal Court;

a courtroom of the Pittsburgh Magistrates Court; a courtroom of

the Traffic Court of Philadelphia; judge's chambers; witness

rooms; jury deliberation rooms; attorney conference rooms;

prisoner holding cells; offices of court clerks, the district

attorney, the sheriff and probation and parole officers; and any

adjoining corridors.

"Dangerous weapon."  A bomb, any explosive or incendiary

device or material when possessed with intent to use or to

provide such device or material to commit any offense described

in Chapter 33 (relating to arson, criminal mischief and other

property destruction), grenade, blackjack, sandbag, metal

knuckles, dagger, knife (the blade of which is exposed in an

automatic way by switch, push-button, spring mechanism or

otherwise) or other implement for the infliction of serious

bodily injury which serves no common lawful purpose.

"Firearm."  Any weapon, including a starter gun, which will

or is designed to expel a projectile or projectiles by the

action of an explosion, expansion of gas or escape of gas. The

term does not include any device designed or used exclusively

for the firing of stud cartridges, explosive rivets or similar

industrial ammunition.

Section 2.  Section 3301(b) and (f) of Title 18 are amended

and the section is amended by adding A subsection to read:

§ 3301.  Arson and related offenses.

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

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(1)  A person commits a felony of the first degree if he

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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 or on that of

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another, and if:

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

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(i)  he attempts to cause, or intentionally,

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knowingly or recklessly causes 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

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

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inside the property at the time of the offense.

(2)  A person who commits aggravated arson is guilty of

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murder of the second degree if the fire or explosion causes

the death of any person, including but not limited to a

firefighter, police officer or other person actively engaged

in fighting the fire, and is guilty of murder of the first

degree if the fire or explosion causes the death of any

person and was set with the purpose of causing the death of

another person.

(b)  Sentence.--[A person convicted of violating the]

(1)  A person convicted of violating the provisions of

subsection (a)(2), murder of the first degree, shall be

sentenced to death or life imprisonment without right to

parole; a person convicted of murder of the second degree,

pursuant to subsection (a)(2), shall be sentenced to life

imprisonment without right to parole. Notwithstanding

provisions to the contrary, no language herein shall infringe

upon the inherent powers of the Governor to commute said

sentence.

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

be sentenced to a term of imprisonment which shall be fixed

by the court at not more than 40 years if:

(i)  bodily injury results to a firefighter, police

officer or other person actively engaged in fighting the

fire; or

(ii)  serious bodily injury results to a civilian.

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(f)  Possession of explosive or incendiary materials or

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devices.--A person commits a felony of the third degree if he

possesses, manufactures or transports any incendiary or

explosive device or material with the intent to use or to

provide such device or material to commit any offense described

in [subsection (a), (c) or (d)] this chapter.

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

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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.

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

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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 3.  Section 9714(g) of Title 42, amended July 7, 2011

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(P.L.220, No.40), is amended to read:

§ 9714.  Sentences for second and subsequent offenses.

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(g)  Definition.--As used in this section, the term "crime of

violence" means murder of the third degree, voluntary

manslaughter, aggravated assault as defined in 18 Pa.C.S. §

2702(a)(1) or (2) (relating to aggravated assault), rape,

involuntary deviate sexual intercourse, aggravated indecent

assault, incest, sexual assault, arson endangering persons or

aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) 

(relating to arson and related offenses), kidnapping, burglary

of a structure adapted for overnight accommodation in which at

the time of the offense any person is present, robbery as

defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating

to robbery), or robbery of a motor vehicle, drug delivery

resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating

to drug delivery resulting in death), or criminal attempt,

criminal conspiracy or criminal solicitation to commit murder or

any of the offenses listed above, or an equivalent crime under

the laws of this Commonwealth in effect at the time of the

commission of that offense or an equivalent crime in another

jurisdiction.

Section 4.  Title 42 is amended by adding a section to read:

§ 9720.3.  Sentencing for arson offenses.

(a)  Sentencing enhancement.--The Pennsylvania Commission on

Sentencing shall provide for a sentence enhancement for arson

offenses if any of the following factors are present:

(1)  bodily injury results to a firefighter, police

officer or other person actively engaged in fighting the

fire;

(2)  serious bodily injury results to a civilian;

(3)  more than three people were present inside the

property at the time of the offense; or

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

damage.

(b)  Proof at sentencing.--The provisions of this section

shall not be an element of the crime and notice of the

provisions of this section to the defendant shall not be

required prior to conviction, but reasonable notice of the

Commonwealth's intention to proceed under this section shall be

provided after conviction and before sentencing.

Section 2 5.  This act shall take effect in 60 days.

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