PRIOR PRINTER'S NOS. 918, 1832

PRINTER'S NO.  2385

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

903

Session of

2011

  

  

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

  

  

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 24, 2012   

  

  

  

AN ACT

  

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

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Judicial Procedure) of the Pennsylvania Consolidated

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Statutes, further providing for possession of firearm or

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other dangerous weapon in court facility, for arson and

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related offenses and for sentences for second and subsequent

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offenses; and providing for sentencing for arson offenses.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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

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Consolidated Statutes is amended to read:

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

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facility.

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* * *

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

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

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subsection:

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

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courtroom of a community court; the courtroom of a magisterial

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district judge; a courtroom of the Philadelphia Municipal Court;

 


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a courtroom of the Pittsburgh Magistrates Court; a courtroom of

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

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rooms; jury deliberation rooms; attorney conference rooms;

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prisoner holding cells; offices of court clerks, the district

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

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adjoining corridors.

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

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device or material when possessed with intent to use or to

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provide such device or material to commit any offense described

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

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property destruction), grenade, blackjack, sandbag, metal

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

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

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otherwise) or other implement for the infliction of serious

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bodily injury which serves no common lawful purpose.

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

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or is designed to expel a projectile or projectiles by the

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

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term does not include any device designed or used exclusively

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for the firing of stud cartridges, explosive rivets or similar

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industrial ammunition.

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

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

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§ 3301.  Arson and related offenses.

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* * *

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(a.1)  Aggravated arson.--

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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

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aids, counsels, pays or agrees to pay another to cause a fire

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or explosion, whether on his own property or on that of

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another, and if:

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(i)  he attempts to cause, or intentionally,

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knowingly or recklessly causes bodily injury to another

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person, including, but not limited to, a firefighter,

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police officer or other person actively engaged in

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fighting the fire; or

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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.

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(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

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

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firefighter, police officer or other person actively engaged

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

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degree if the fire or explosion causes the death of any

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

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another person.

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

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(1)  A person convicted of violating the provisions of

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

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sentenced to death or life imprisonment without right to

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

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

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imprisonment without right to parole. Notwithstanding

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provisions to the contrary, no language herein shall infringe

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upon the inherent powers of the Governor to commute said

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sentence.

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

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be sentenced to a term of imprisonment which shall be fixed

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by the court at not more than 40 years if:

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(i)  bodily injury results to a firefighter, police

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officer or other person actively engaged in fighting the

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fire; or

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(ii)  serious bodily injury results to a civilian.

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* * *

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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

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possesses, manufactures or transports any incendiary or

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explosive device or material with the intent to use or to

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provide such device or material to commit any offense described

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

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* * *

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

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(P.L.220, No.40) 5, 2012 (P.L.1050, No.122), is amended to read:

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§ 9714.  Sentences for second and subsequent offenses.

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* * *

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

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violence" means murder of the third degree, voluntary

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

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

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involuntary deviate sexual intercourse, aggravated indecent

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assault, incest, sexual assault, arson endangering persons or

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

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

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of a structure adapted for overnight accommodation in which at

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

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

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

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

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

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criminal conspiracy or criminal solicitation to commit murder or

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

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

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commission of that offense or an equivalent crime in another

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jurisdiction.

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

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violence" means murder of the third degree, voluntary

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manslaughter, manslaughter of a law enforcement officer as

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defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal

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homicide of law enforcement officer), murder of the third degree

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involving an unborn child as defined in 18 Pa.C.S. § 2604(c)

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(relating to murder of unborn child), aggravated assault of an

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unborn child as defined in 18 Pa.C.S. § 2606 (relating to

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aggravated assault of unborn child), aggravated assault as

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defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to

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aggravated assault), assault of law enforcement officer as

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defined in 18 Pa.C.S. § 2702.1 (relating to assault of law

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enforcement officer), use of weapons of mass destruction as

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defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass

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destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)

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(relating to terrorism), trafficking of persons when the offense

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is graded as a felony of the first degree as provided in 18

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Pa.C.S. § 3002 (relating to trafficking of persons), rape,

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involuntary deviate sexual intercourse, aggravated indecent

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assault, incest, sexual assault, arson endangering persons or

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

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(relating to arson and related offenses), ecoterrorism as

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defined in 18 Pa.C.S. § 3311(b)(2) (relating to ecoterrorism),

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kidnapping, burglary as defined in 18 Pa.C.S. § 3502(a)(1)

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(relating to burglary), robbery as defined in 18 Pa.C.S. §

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3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery

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of a motor vehicle, drug delivery resulting in death as defined

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in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in

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death), or criminal attempt, criminal conspiracy or criminal

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solicitation to commit murder or any of the offenses listed

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above, or an equivalent crime under the laws of this

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Commonwealth in effect at the time of the commission of that

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offense or an equivalent crime in another jurisdiction.

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

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§ 9720.3 9720.4.  Sentencing for arson offenses.

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

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Sentencing shall provide for a sentence enhancement for arson

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offenses if any of the following factors are present:

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(1)  bodily injury results to a firefighter, police

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officer or other person actively engaged in fighting the

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fire;

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(2)  serious bodily injury results to a civilian;

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(3)  more than three people were present inside the

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property at the time of the offense; or

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

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damage.

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

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

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provisions of this section to the defendant shall not be

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required prior to conviction, but reasonable notice of the

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Commonwealth's intention to proceed under this section shall be

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provided after conviction and before sentencing.

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

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