1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing <-for burglary, for 
3robbery, for grading of theft offenses and for the offense of
4retail theft.

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

7Section 1. Section 3929(f) of Title 18 of the Pennsylvania<-
8Consolidated Statutes is amended by adding a definition to read:

9Section 1. Sections 3502(c)(2) <-and 3701(b), 3701(b) and 3903
10of Title 18 of<- the Pennsylvania Consolidated Statutes are
11amended to read:

12§ 3502. Burglary.

13* * *

14(c) Grading.--

15* * *

16(2) [An] As follows:

17(i) Except under subparagraph (ii), an offense under 
18subsection (a)(4) is a felony of the second degree.

1(ii) If the actor's intent upon entering the
2building, structure or portion under subparagraph (i) is
3to commit theft of a controlled substance or designer
4drug as those terms are defined in section 2 of the act
5of April 14, 1972 (P.L.233, No.64), known as The
6Controlled Substance, Drug, Device and Cosmetic Act,
7burglary is a felony of the first degree.

8* * *

9§ 3701. Robbery.

10* * *

11(b) Grading.--[Robbery]

12(1) Except as provided under paragraph (2), robbery
13under subsection (a)(1)(iv) and (vi) is a felony of the
14second degree; robbery under subsection (a)(1)(v) is a felony
15of the third degree; otherwise, it is a felony of the first
16degree.

17(2) If the object of a robbery under paragraph (1) is a
18controlled substance or designer drug as those terms are
19defined in section 2 of the act of April 14, 1972 (P.L.233,
20No.64), known as The Controlled Substance, Drug, Device and
21Cosmetic Act, robbery is a felony of the first degree.

<-22Section 2. Section 3903(a) of Title 18 is amended by adding
23a paragraph to read:

24§ 3903. Grading of theft offenses.

25(a) Felony of the second degree.--Theft constitutes a felony
26of the second degree if:

27* * *

28(5) The property stolen is a controlled substance or 
29designer drug as those terms are defined in section 2 of the 
30act of April 14, 1972 (P.L.233, No.64), known as The
 

1Controlled Substance, Drug, Device and Cosmetic Act.

2* * *

<-3§ 3903. Grading of theft offenses.

4(a) Felony of the second degree.--Theft constitutes a felony
5of the second degree if:

6(1) The offense is committed during a manmade disaster,
7a natural disaster or a war-caused disaster and constitutes a
8violation of section 3921 (relating to theft by unlawful
9taking or disposition), 3925 (relating to receiving stolen
10property), 3928 (relating to unauthorized use of automobiles
11and other vehicles) or 3929 (relating to retail theft).

12(2) The property stolen is a firearm.

13(3) In the case of theft by receiving stolen property,
14the property received, retained or disposed of is a firearm.

15(4) The property stolen is any amount of anhydrous
16ammonia.

17(5) The property stolen is a controlled substance or
18designer drug as those terms are defined in section 2 of the
19act of April 14, 1972 (P.L.233, No.64), known as The
20Controlled Substance, Drug, Device and Cosmetic Act.

21(6) The amount involved is $100,000 or more but less
22than $500,000.

23(a.1) Felony of the third degree.--Except as provided in
24subsection (a) or (a.2), theft constitutes a felony of the third
25degree if the amount involved exceeds $2,000, or if the property
26stolen is an automobile, airplane, motorcycle, motorboat or
27other motor-propelled vehicle, or in the case of theft by
28receiving stolen property, if the receiver is in the business of
29buying or selling stolen property.

30(a.2) Felony of the first degree.--[Theft] Except as
 

1provided in subsections (a) and (a.1), theft constitutes a
2felony of the first degree if[,]:

3(1) in the case of theft by receiving stolen property,
4the property received, retained or disposed of is a firearm
5and the receiver is in the business of buying or selling
6stolen property[.]; or

7(2) the amount involved is $500,000 or more.

8(b) Other grades.--Theft not within subsection (a), (a.1) or 
9(a.2), constitutes a misdemeanor of the first degree, except
10that if the property was not taken from the person or by threat,
11or in breach of fiduciary obligation, and:

12(1) the amount involved was $50 or more but less than
13$200 the offense constitutes a misdemeanor of the second
14degree; or

15(2) the amount involved was less than $50 the offense
16constitutes a misdemeanor of the third degree.

17(c) Valuation.--The amount involved in a theft shall be
18ascertained as follows:

19(1) Except as otherwise specified in this section, value
20means the market value of the property at the time and place
21of the crime, or if such cannot be satisfactorily
22ascertained, the cost of replacement of the property within a
23reasonable time after the crime.

24(2) Whether or not they have been issued or delivered,
25certain written instruments, not including those having a
26readily ascertainable market value such as some public and
27corporate bonds and securities, shall be evaluated as
28follows:

29(i) The value of an instrument constituting an
30evidence of debt, such as a check, draft or promissory

1note, shall be deemed the amount due or collectible
2thereon or thereby, such figure ordinarily being the face
3amount of the indebtedness less any portion thereof which
4has been satisfied.

5(ii) The value of any other instrument which
6creates, releases, discharges or otherwise affects any
7valuable legal right, privilege or obligation shall be
8deemed the greatest amount of economic loss which the
9owner of the instrument might reasonably suffer by virtue
10of the loss of the instrument.

11(3) When the value of property cannot be satisfactorily
12ascertained pursuant to the standards set forth in paragraphs
13(1) and (2) of this subsection its value shall be deemed to
14be an amount less than $50. Amounts involved in thefts
15committed pursuant to one scheme or course of conduct,
16whether from the same person or several persons, may be
17aggregated in determining the grade of the offense.

18(c.1) Sentencing enhancement for theft of public funds or
19theft in breach of a fiduciary duty.--Notwithstanding section
201103 (relating to sentence of imprisonment for felony), the
21maximum term of imprisonment for an offense graded under this
22section may be increased by a term of imprisonment of up to five
23years when the theft is from a political subdivision, local
24authority or public or private charitable organization or when
25the theft constitutes a breach of fiduciary duty.

26(d) Definitions.--As used in this section, the following
27words and phrases shall have the meanings given to them in this
28subsection:

29"Charitable organization." As defined under section 3 of the
30act of December 19, 1990 (P.L.1200, No.202), known as the

1Solicitation of Funds for Charitable Purposes Act.

2"Manmade disaster." Any industrial, nuclear or
3transportation accident, explosion, conflagration, power
4failure, natural resource shortage or other condition, except
5enemy action, resulting from manmade causes, such as oil spills
6and other injurious environmental contamination, which threatens
7or causes substantial damage to property, human suffering,
8hardship or loss of life.

9"Natural disaster." Any hurricane, tornado, storm, flood,
10high water, wind-driven water, tidal wave, earthquake,
11landslide, mudslide, snowstorm, drought, fire, explosion or
12other catastrophe which results in substantial damage to
13property, hardship, suffering or possible loss of life.

14"War-caused disaster." Any condition following an attack 
15upon the United States resulting in substantial damage to 
16property or injury to persons in the United States caused by use 
17of bombs, missiles, shellfire, nuclear, radiological, chemical 
18or biological means, or other weapons or overt paramilitary 
19actions, or other conditions such as sabotage.

20Section <-3 2. Section 3929(b)(1)(v) of Title 18 is amended
21and the section is amended by adding a subsection to read:

22§ 3929. Retail theft.

23* * *

<-24(b) Grading.--

25(1) Retail theft constitutes a:

26* * *

27(v) Felony of the third degree when the amount
28involved exceeds [$2,000] $1,000 or if the merchandise
29involved is a firearm or a motor vehicle.

30* * *

1(b.1) Calculation of prior offenses.--For the purposes of
2this section, in determining whether an offense is a first,
3second, third or subsequent offense, the court shall include a
4conviction, acceptance of accelerated rehabilitative disposition
5or other form of preliminary disposition, occurring before the
6sentencing on the present violation, for an offense under this
7section, an offense substantially similar to an offense under
8this section or under the prior laws of this Commonwealth or a
9similar offense under the statutes of any other state or of the
10United States.

11* * *

12(f) Definitions.--

13* * *

14"First offense." Any conviction, acceptance of Accelerated
15Rehabilitative Disposition or other form of preliminary
16disposition before the sentencing on the present violation for
17an offense under this section or an offense substantially
18similar to an offense under this section.

19* * *

20Section 4. The amendment or addition of 18 Pa.C.S. §§
213502(c)(2), 3701(b) and 3903(a)(5) shall apply to offenses
22committed on or after the effective date of this section.

23Section <-4 3. The amendment or addition of 18 Pa.C.S. §§
243502(c)(2), 3701(b), <-3903(a)(5) 3903 and 3929(b)(1)(v) shall
25apply to offenses committed on or after the effective date of
26this section.

27Section 2 <-5 4. The amendment of 18 Pa.C.S. § 3929(f) 18 
28Pa.C.S. <-§ §§ 3903 and 3929(b.1) shall apply to sentences imposed
29on or after the effective date of this section.

30Section 3 <-6 5. This act shall take effect in 60 days.