1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, <-further providing for the offense of 
3criminal trespass; defining the offense of theft of secondary
4metal; and prescribing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

<-7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

<-<-9Section 1. Section 3503(b.1) of Title 18 of the Pennsylvania
10Consolidated Statutes is amended to read:

<-11Section 1. Section 3503(b.1) and (d) of Title 18 of the
12Pennsylvania Consolidated Statutes are amended to read:

13§ 3503. Criminal trespass.

14* * *

15(b.1) Simple trespasser.--

16(1) A person commits an offense if, knowing that he is

1not licensed or privileged to do so, he enters or remains in
2any place for the purpose of:

3(i) threatening or terrorizing the owner or occupant
4of the premises;

5(ii) starting or causing to be started any fire upon
6the premises; [or]

7(iii) defacing or damaging the premises[.]; or

8(iv) unlawfully taking secondary metal from the
9premises.

10(2) An offense under [this subsection] paragraph (1)(iv) 
11constitutes a first degree misdemeanor. An offense under 
12paragraph (1)(i), (ii) or (iii) constitutes a summary
13offense.

14* * *

<-15(d) [Definition.--As used in this section, the term "school 
16grounds" means any] Definitions.--As used in this section, the 
17following words and phrases shall have the meanings given to 
18them in this subsection:

19"School grounds." Any building of or grounds of any
20elementary or secondary publicly funded educational institution,
21any elementary or secondary private school licensed by the
22Department of Education, any elementary or secondary parochial
23school, any certified day-care center or any licensed preschool
24program.

25"Secondary metal." As defined in section 3935 (relating to
26theft of secondary metal).

27Section 2. Title 18 is amended by adding a section to read:

28§ 3935. Theft of secondary metal.

29(a) Offense defined.--A person commits the offense of theft
30of secondary metal if the person unlawfully takes or attempts to

1take possession of, carries away or exercises unlawful control
2over any secondary metal with intent to deprive the rightful
3owner thereof.

4(b) Grading.--Except as set forth in subsection (c):

5(1) An offense under this section constitutes a
6misdemeanor of the third degree when the value of the
7secondary metal unlawfully obtained is less than $50.

8(2) When the value of the secondary metal unlawfully
9obtained is $50 or more but less than $200 the offense
10constitutes a misdemeanor of the second degree.

11(3) When the value of the secondary metal unlawfully
12obtained is $200 or more but less than $1,000 the offense
13constitutes a misdemeanor of the first degree.

14(4) When the value of the secondary metal unlawfully
15obtained is $1,000 or more, the offense constitutes a felony
16of the third degree.

17(c) Third or subsequent offenses.--An offense under this
18section constitutes a felony of the third degree when the
19offense is a third or subsequent offense, regardless of the
20value of the secondary metal. For purposes of this subsection, a
21first and second offense includes a conviction, acceptance of
22Accelerated Rehabilitative Disposition or other form of
23preliminary disposition before the sentencing on the present
24violation for an offense under this section or an offense under
25section 3921 (relating to theft by unlawful taking or
26disposition).

27(d) Definition.--As used in this section, the term 
28"secondary metal" means wire, pipe or cable commonly used by 
29communications, gas and electrical utilities and railroads and 
30mass transit or commuter rail agencies, copper, aluminum or
 

1other metal, or a combination of metals, that is valuable for 
2recycling or reuse as raw material.

3Section <-2 3. This act shall take effect in 60 days.