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
7offenses; 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 material to commit any offense, graded as a 
13misdemeanor of the third degree or higher, grenade, blackjack, 
14sandbag, metal knuckles, dagger, knife (the blade of which is 
15exposed in an automatic way by switch, push-button, spring 
16mechanism or otherwise) or other implement for the infliction of 
17serious bodily injury which serves no common lawful purpose.

18"Firearm." Any weapon, including a starter gun, which will 
19or is designed to expel a projectile or projectiles by the 
20action of an explosion, expansion of gas or escape of gas. The 
21term does not include any device designed or used exclusively 
22for the firing of stud cartridges, explosive rivets or similar 
23industrial ammunition.

24Section 2. Section 3301(b), (f) and (j) of Title 18 are
25amended and the section is amended by adding subsections to
26read:

27§ 3301. Arson and related offenses.

28* * *

29(a.1) Aggravated arson.--

30(1) A person commits a felony of the first degree if he
 

1intentionally starts a fire or causes an explosion, or if he 
2aids, counsels, pays or agrees to pay another to cause a fire 
3or explosion, whether on his own property or on that of 
4another, and if:

5(i) he thereby attempts to cause, or intentionally,
6knowingly or recklessly causes bodily injury to another
7person, including, but not limited to, a firefighter,
8police officer or other person actively engaged in
9fighting the fire; or

10(ii) he commits an offense under this section which 
11is graded as a felony when a person is present inside the 
12property at the time of the offense.

13(2) A person who commits aggravated arson is guilty of
14murder of the second degree if the fire or explosion causes
15the death of any person, including, but not limited to, a
16firefighter, police officer or other person actively engaged
17in fighting the fire.

18(a.2) Arson of historic resource.--A person commits a felony
19of the second degree if the person, with the intent of
20destroying or damaging a historic resource of another, does any
21of the following:

22(1) Intentionally starts a fire or causes an explosion,
23whether on the person's own property or that of another.

24(2) Aids, counsels, pays or agrees to pay another to
25cause a fire or explosion.

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

27(1) A person convicted of violating the provisions of
28subsection (a)(2), murder of the first degree, shall be
29sentenced to death or life imprisonment without right to
30parole; a person convicted of murder of the second degree,

1pursuant to subsection (a)(2), shall be sentenced to life
2imprisonment without right to parole. Notwithstanding
3provisions to the contrary, no language herein shall infringe
4upon the inherent powers of the Governor to commute said
5sentence.

6(2) A person convicted under subsection (a.1) may be
7sentenced to a term of imprisonment which shall be fixed by
8the court at not more than 40 years if:

9(i) bodily injury results to a firefighter, police
10officer or other person actively engaged in fighting the
11fire; or

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

13* * *

14(f) Possession of explosive or incendiary materials or
15devices.--A person commits a felony of the third degree if he
16possesses, manufactures or transports any incendiary or
17explosive device or material with the intent to use or to
18provide such device or material to commit any offense described
19in [subsection (a), (c) or (d)] this chapter.

20* * *

21(j) Definitions.--As used in this section the following
22words and phrases shall have the meanings given to them in this
23subsection:

24"Historic resource." A building or structure, including a
25covered bridge, which:

26(1) has been in existence for more than 100 years,
27including partial or complete reconstruction of a building or
28structure originally erected at least 100 years ago; or

29(2) has been listed on the National Register of Historic
30Places or the Pennsylvania Register of Historic Places.

1"Occupied structure." Any structure, vehicle or place 
2adapted for overnight accommodation of persons or for carrying 
3on business therein, whether or not a person is actually 
4present. If a building or structure is divided into separately 
5occupied units, any unit not occupied by the actor is an 
6occupied structure of another.

7"Property of another." A building or other property, whether
8real or personal, in which a person other than the actor has an
9interest which the actor has no authority to defeat or impair,
10even though the actor may also have an interest in the building
11or property.

12Section 3. Section 9714(g) of Title 42, amended October 25,
132012 (P.L.1655, No.204), is amended to read:

14§ 9714. Sentences for second and subsequent offenses.

15* * *

16(g) Definition.--As used in this section, the term "crime of 
17violence" means murder of the third degree, voluntary 
18manslaughter, manslaughter of a law enforcement officer as 
19defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal 
20homicide of law enforcement officer), murder of the third degree 
21involving an unborn child as defined in 18 Pa.C.S. § 2604(c) 
22(relating to murder of unborn child), aggravated assault of an 
23unborn child as defined in 18 Pa.C.S. § 2606 (relating to 
24aggravated assault of unborn child), aggravated assault as 
25defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to 
26aggravated assault), assault of law enforcement officer as 
27defined in 18 Pa.C.S. § 2702.1 (relating to assault of law 
28enforcement officer), use of weapons of mass destruction as 
29defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass 
30destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
 

1(relating to terrorism), trafficking of persons when the offense 
2is graded as a felony of the first degree as provided in 18 
3Pa.C.S. § 3002 (relating to trafficking of persons), rape, 
4involuntary deviate sexual intercourse, aggravated indecent 
5assault, incest, sexual assault, arson endangering persons or 
6aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) 
7(relating to arson and related offenses), ecoterrorism as 
8classified in 18 Pa.C.S. § 3311(b)(3) (relating to 
9ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 
103502(a)(1) (relating to burglary), robbery as defined in 18 
11Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or 
12robbery of a motor vehicle, drug delivery resulting in death as 
13defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery 
14resulting in death), or criminal attempt, criminal conspiracy or 
15criminal solicitation to commit murder or any of the offenses 
16listed above, or an equivalent crime under the laws of this 
17Commonwealth in effect at the time of the commission of that 
18offense or an equivalent crime in another jurisdiction.

19Section 4. Title 42 is amended by adding <-sections <-a section
20to read:

21§ 9720.5. Sentencing for arson offenses.

22The Pennsylvania Commission on Sentencing shall provide for a
23sentence enhancement for arson offenses if any of the following
24factors are present:

25(1) bodily injury results to a firefighter, police
26officer or other person actively engaged in fighting the
27fire;

28(2) serious bodily injury results to a civilian;

29(3) more than three people were present inside the
30property at the time of the offense;

1(4) the fire caused more than $1,000,000 in property
2damage; or

3(5) the actor used, attempted to use or possessed an
4explosive or incendiary device as defined in 18 Pa.C.S. §
55515(a) (relating to prohibiting of paramilitary training).

<-6§ 9720.6. Sentences for arson of a historic resource.

7(a) Mandatory sentence.--Any person who commits a violation
8of 18 Pa.C.S. § 3301(a.2) (relating to arson and related
9offenses) shall be sentenced to a minimum sentence of at least
10one year of total confinement.

11(b) Proof at sentencing.--Notice of the provisions of this
12section to the defendant shall not be required prior to
13conviction, but reasonable notice of the Commonwealth's
14intention to proceed under this section shall be provided after
15conviction and before sentencing.

16Section 5. This act shall take effect in 60 days.