PRINTER'S NO. 2617
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1874
Session of
2017
INTRODUCED BY TAYLOR, BAKER, GODSHALL, M. K. KELLER, SOLOMON,
DIAMOND, MILLARD, CRUZ, CHARLTON, KINSEY, O'NEILL, READSHAW,
GREINER, DRISCOLL, STAATS, DONATUCCI, DeLUCA, D. COSTA,
WHEELAND AND VAZQUEZ, OCTOBER 19, 2017
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 19, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in burglary and other criminal
intrusion, providing for arrest or removal of trespassers
from residential property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3503.1. Arrest or removal of trespassers from residential
property.
(a) General rule.--A law enforcement officer having probable
cause to believe that a person is guilty of criminal trespass
under section 3503 (relating to criminal trespass) on
residential property shall have the authority and discretion to
arrest and remove the person from the premises or to remove the
person from the premises without making an arrest.
(b) Limitation.--A law enforcement officer arresting or
removing a person from premises under subsection (a) shall
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provide the person with a reasonable opportunity to secure and
present any credible evidence showing that the person is an
owner, tenant, legal occupant of the premises or a guest or
invitee of an owner, tenant or legal occupant of the premises.
(c) Affidavit.--The owner of residential property or the
authorized agent of the owner may initiate an investigation and
request removal of a person from the premises by providing a law
enforcement officer with an affidavit, signed under penalty of
perjury, stating the following:
(1) The affiant is the owner or authorized agent of the
owner of the premises located at a given address.
(2) A person, knowing that the person is not licensed or
privileged to do so, has entered or remained on the premises.
(3) The person is not a tenant and, to the affiant's
knowledge and belief, has not been a tenant.
(4) The affiant has demanded that the person vacate the
premises and the person has not done so.
(5) The affiant understands that a person removed from
the premises under this section may bring a cause of action
for damages resulting from any false statement made in the
affidavit.
(6) The affiant understands and acknowledges the
prohibitions in the act of April 6, 1951 (P.L.69, No.20),
known as The Landlord and Tenant Act of 1951, against taking
or detaining a tenant's personal property or removing or
excluding a tenant from a dwelling unit or rental premises
without an authorizing court order.
(d) False statements.--A person who makes a false statement
in an affidavit under subsection (c) is guilty of false swearing
under section 4903 (relating to false swearing) and, in addition
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to any criminal penalties, shall be liable for civil damages
resulting from the false statement.
Section 2. This act shall take effect in 60 days.
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