1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, <-in inchoate crimes, further providing for
4possession of firearm or other dangerous weapon in court
5facility<-,; in arson, criminal mischief and other property 
6destruction, further providing for arson and related offenses
<-7and; in sentencing, further providing for sentences for
8second and subsequent offenses; and providing for sentencing
9for arson offenses <-and for sentences for arson of a historic 
10resource.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 913(f) of Title 18 of the Pennsylvania
14Consolidated Statutes is amended to read:

15§ 913. Possession of firearm or other dangerous weapon in court
16facility.

17* * *

18(f) Definitions.--As used in this section, the following
19words and phrases shall have the meanings given to them in this
20subsection:

1"Court facility." The courtroom of a court of record; a 
2courtroom of a community court; the courtroom of a magisterial 
3district judge; a courtroom of the Philadelphia Municipal Court; 
4a courtroom of the Pittsburgh Magistrates Court; a courtroom of 
5the Traffic Court of Philadelphia; judge's chambers; witness 
6rooms; jury deliberation rooms; attorney conference rooms; 
7prisoner holding cells; offices of court clerks, the district 
8attorney, the sheriff and probation and parole officers; and any 
9adjoining corridors.

10"Dangerous weapon." A bomb, any explosive or incendiary 
11device or material when possessed with intent to use or to 
12provide such device or material to commit any offense <-described 
13in Chapter 33 (relating to arson, criminal mischief and other 
14property destruction), <-graded as a misdemeanor of the third 
15degree or higher, grenade, blackjack, sandbag, metal knuckles, 
16dagger, knife (the blade of which is exposed in an automatic way 
17by switch, push-button, spring mechanism or otherwise) or other 
18implement for the infliction of serious bodily injury which 
19serves no common lawful purpose.

20"Firearm." Any weapon, including a starter gun, which will 
21or is designed to expel a projectile or projectiles by the 
22action of an explosion, expansion of gas or escape of gas. The 
23term does not include any device designed or used exclusively 
24for the firing of stud cartridges, explosive rivets or similar 
25industrial ammunition.

26Section 2. Section 3301(b) and, (f) <-and (j) of Title 18 are
27amended and the section is amended by adding <-a subsection 
<-28subsections to read:

29§ 3301. Arson and related offenses.

30* * *

1(a.1) Aggravated arson.--

2(1) A person commits a felony of the first degree if he 
3intentionally starts a fire or causes an explosion, or if he 
4aids, counsels, pays or agrees to pay another to cause a fire 
5or explosion, whether on his own property or on that of 
6another, and if:

7(i) he <-thereby attempts to cause, or intentionally,
8knowingly or recklessly causes bodily injury to another
9person, including, but not limited to, a firefighter,
10police officer or other person actively engaged in
11fighting the fire; or

12(ii) he commits <-the offense an offense under this 
13section which is graded as a felony when a person is 
14present inside the property at the time of the offense.

15(2) A person who commits aggravated arson is guilty of
16murder of the second degree if the fire or explosion causes
17the death of any person, including, but not limited to, a
18firefighter, police officer or other person actively engaged
19in fighting the fire.

<-20(a.2) Arson of historic resource.--A person commits a felony
21of the second degree if the person, with the intent of
22destroying or damaging a historic resource of another, does any
23of the following:

24(1) Intentionally starts a fire or causes an explosion,
25whether on the person's own property or that of another.

26(2) Aids, counsels, pays or agrees to pay another to
27cause a fire or explosion.

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

29(1) A person convicted of violating the provisions of
30subsection (a)(2), murder of the first degree, shall be

1sentenced to death or life imprisonment without right to
2parole; a person convicted of murder of the second degree,
3pursuant to subsection (a)(2), shall be sentenced to life
4imprisonment without right to parole. Notwithstanding
5provisions to the contrary, no language herein shall infringe
6upon the inherent powers of the Governor to commute said
7sentence.

8(2) A person convicted under subsection <-(a) or (a.1) may
9be sentenced to a term of imprisonment which shall be fixed
10by the court at not more than 40 years if:

11(i) bodily injury results to a firefighter, police
12officer or other person actively engaged in fighting the
13fire; or

14(ii) serious bodily injury results to a civilian.

15* * *

16(f) Possession of explosive or incendiary materials or
17devices.--A person commits a felony of the third degree if he
18possesses, manufactures or transports any incendiary or
19explosive device or material with the intent to use or to
20provide such device or material to commit any offense described
21in [subsection (a), (c) or (d)] this chapter.

22* * *

<-23(j) Definitions.--As used in this section the following
24words and phrases shall have the meanings given to them in this
25subsection:

26"Historic resource." A building or structure, including a
27covered bridge, which:

28(1) has been in existence for more than 100 years,
29including partial or complete reconstruction of a building or
30structure originally erected at least 100 years ago; or

1(2) has been listed on the National Register of Historic
2Places or the Pennsylvania Register of Historic Places.

3"Occupied structure." Any structure, vehicle or place 
4adapted for overnight accommodation of persons or for carrying 
5on business therein, whether or not a person is actually 
6present. If a building or structure is divided into separately 
7occupied units, any unit not occupied by the actor is an 
8occupied structure of another.

9"Property of another." A building or other property, whether
10real or personal, in which a person other than the actor has an
11interest which the actor has no authority to defeat or impair,
12even though the actor may also have an interest in the building
13or property.

14Section 3. Section 9714(g) of Title 42, amended October 25,
152012 (P.L.1655, No.204), is amended to read:

16§ 9714. Sentences for second and subsequent offenses.

17* * *

18(g) Definition.--As used in this section, the term "crime of 
19violence" means murder of the third degree, voluntary 
20manslaughter, manslaughter of a law enforcement officer as 
21defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal 
22homicide of law enforcement officer), murder of the third degree 
23involving an unborn child as defined in 18 Pa.C.S. § 2604(c) 
24(relating to murder of unborn child), aggravated assault of an 
25unborn child as defined in 18 Pa.C.S. § 2606 (relating to 
26aggravated assault of unborn child), aggravated assault as 
27defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to 
28aggravated assault), assault of law enforcement officer as 
29defined in 18 Pa.C.S. § 2702.1 (relating to assault of law 
30enforcement officer), use of weapons of mass destruction as
 

1defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass 
2destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) 
3(relating to terrorism), trafficking of persons when the offense 
4is graded as a felony of the first degree as provided in 18 
5Pa.C.S. § 3002 (relating to trafficking of persons), rape, 
6involuntary deviate sexual intercourse, aggravated indecent 
7assault, incest, sexual assault, arson endangering persons or 
8aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) 
9(relating to arson and related offenses), ecoterrorism as 
10classified in 18 Pa.C.S. § 3311(b)(3) (relating to 
11ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 
123502(a)(1) (relating to burglary), robbery as defined in 18 
13Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or 
14robbery of a motor vehicle, drug delivery resulting in death as 
15defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery 
16resulting in death), or criminal attempt, criminal conspiracy or 
17criminal solicitation to commit murder or any of the offenses 
18listed above, or an equivalent crime under the laws of this 
19Commonwealth in effect at the time of the commission of that 
20offense or an equivalent crime in another jurisdiction.

21Section 4. Title 42 is amended by adding <-a section sections
22to read:

23§ 9720.5. Sentencing for arson offenses.

24The Pennsylvania Commission on Sentencing shall provide for a
25sentence enhancement for arson offenses if any of the following
26factors are present:

27(1) bodily injury results to a firefighter, police
28officer or other person actively engaged in fighting the
29fire;

30(2) serious bodily injury results to a civilian;

1(3) more than three people were present inside the
2property at the time of the offense;

3(4) the fire caused more than $1,000,000 in property
4damage; or

5(5) the actor used, attempted to use or possessed an
6explosive or incendiary device as defined in 18 Pa.C.S. §
75515(a) (relating to prohibiting of paramilitary training).

<-8§ 9720.6. Sentences for arson of a historic resource.

9(a) Mandatory sentence.--Any person who commits a violation
10of 18 Pa.C.S. § 3301(a.2) (relating to arson and related
11offenses) shall be sentenced to a minimum sentence of at least
12one year of total confinement.

13(b) Proof at sentencing.--Notice of the provisions of this
14section to the defendant shall not be required prior to
15conviction, but reasonable notice of the Commonwealth's
16intention to proceed under this section shall be provided after
17conviction and before sentencing.

18Section 5. This act shall take effect in 60 days.