S0652B0752A06063 MAB:EJH 03/14/18 #90 A06063
AMENDMENTS TO SENATE BILL NO. 652
Sponsor: SENATOR REGAN
Printer's No. 752
Amend Bill, page 1, lines 7 and 8, by striking out all of
said lines and inserting
Section 1. Section 3503(d) of Title 18 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
Amend Bill, page 1, line 14, by inserting after "enter"
property containing
Amend Bill, page 1, line 16, by striking out "privileged" and
inserting
does not have the permission of the owner or lawful
occupant of the property
Amend Bill, page 1, line 17, by inserting after "Enters"
property containing
Amend Bill, page 2, line 10, by inserting after "made"
by an emergency services provider
Amend Bill, page 2, line 11, by striking out "person" and
inserting
emergency services provider
Amend Bill, page 2, line 25, by striking out "An" and
inserting
A first
Amend Bill, page 2, line 27, by striking out "An" and
inserting
Except as provided in subparagraph (ii), an
Amend Bill, page 2, lines 28 through 30, by striking out
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"second degree and is punishable by" in line 28 and all of lines
29 and 30 and inserting
third degree.
(ii) An offense under paragraph (1)(i) by an
individual under 18 years of age constitutes a
misdemeanor of the third degree.
Amend Bill, page 3, line 1, by striking out "(ii) An" and
inserting
(iii) Except as provided in subparagraph (iv), an
Amend Bill, page 3, line 2, by striking out "first" and
inserting
second
Amend Bill, page 3, line 4, by striking out "two years" and
inserting
one year
Amend Bill, page 3, line 4, by striking out "$10,000" and
inserting
$5,000
Amend Bill, page 3, lines 5 through 30; page 4, lines 1
through 25; by striking out all of said lines on said pages and
inserting
(iv) An offense under paragraph (1)(ii), (iii) or
(iv) by an individual under 18 years of age constitutes a
misdemeanor of the second degree.
(4) A second or subsequent offense under this subsection
shall be graded as follows:
(i) Except as provided in subparagraph (ii), an
offense under paragraph (1)(i) constitutes a felony of
the second degree and is punishable by imprisonment for a
term of not more than one year and a fine of not less
than $5,000.
(ii) An offense under paragraph (1)(i) by an
individual under 18 years of age constitutes a
misdemeanor of the second degree.
(iii) Except as provided in subparagraph (iv), an
offense under paragraph (1)(ii), (iii) or (iv)
constitutes a felony of the first degree and is
punishable by imprisonment for a term of not more than
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two years and a fine of not less than $10,000.
(iv) An offense under paragraph (1)(ii), (iii) or
(iv) by an individual under 18 years of age constitutes a
misdemeanor of the first degree.
Amend Bill, page 4, by inserting between lines 26 and 27
(d) [Definition.--As used in this section, the term "school
grounds" means any building of or grounds of any elementary or
secondary publicly funded educational institution, any
elementary or secondary private school licensed by the
Department of Education, any elementary or secondary parochial
school, any certified day-care center or any licensed preschool
program.] Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Critical infrastructure facility." Any of the following,
whether constructed or under construction, if completely
enclosed by a fence or other physical barrier that is obviously
designated to exclude intruders or if clearly marked with a sign
or signs posted on the property that are reasonably likely to
come to the attention of intruders and indicate that entry is
forbidden without site authorization if notice requirements are
not necessary during obvious and apparent construction or for a
pipeline to the extent that it is marked by a pipeline marker:
(1) A petroleum or alumina refinery.
(2) An electrical power generating facility, substation,
switching station, electrical control center or electrical
power lines and associated equipment infrastructure.
(3) A chemical, polymer or rubber manufacturing
facility.
(4) A water intake structure, water treatment and
distribution infrastructure or wastewater treatment and
collection infrastructure.
(5) A natural gas compressor station.
(6) A liquid natural gas terminal or storage facility.
(7) A telecommunication central switching office, remote
terminal or any other equipment in a secure enclosure used to
provide telecommunications services.
(8) Wireless and wireline telecommunications
infrastructure, including cell towers, small wireless
facilities, microwave poles and lines, including copper and
fiber optic lines and underground conduit for
telecommunications services.
(9) A port, railroad switching yard, railroad tracks,
trucking terminal or other freight transportation facility.
(10) A gas processing plant, including a plant used in
the processing, treatment or fractionation of natural gas or
natural gas liquids.
(11) A transmission facility used by a federally
licensed radio or television station.
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(12) A steelmaking facility that uses an electric arc
furnace to make steel.
(13) A facility identified and regulated by the
Department of Homeland Security Chemical Facility Anti-
Terrorism Standards (CFATS) program.
(14) A dam that is regulated by the Federal or State
government.
(15) A natural gas transmission or distribution utility
facility, including, but not limited to, pipeline
interconnection, a city gate or town border station, metering
station, aboveground piping, a regulator station and a
natural gas storage facility.
(16) A crude oil or refined products storage and
distribution facility, including, but not limited to, a valve
site, pipeline interconnection, pump station, metering
station, belowground or aboveground pipeline or piping and
truck loading or offloading facility.
(17) An aboveground portion of an oil, gas, hazardous
liquid or chemical pipeline, tank or railroad facility or
other related storage facility.
(18) Oil and gas production facilities, including, but
not limited to, well sites, separation and dehydration
facilities, produced storage and meter stations.
(19) Pipelines used to transport natural gas, oil or
refined products, whether buried or above ground.
(20) Equipment and machinery, regardless of whether
stored on location or at a storage yard, to the extent that
it is used to construct a critical infrastructure facility.
(21) An energy facility as defined in 18 U.S.C. §
1366(c) (relating to destruction of an energy facility).
"Emergency services provider." An emergency medical
responder, emergency medical technician, advanced emergency
medical technician or a paramedic as defined in 35 Pa.C.S. §
8103 (relating to definitions).
"School grounds." The building or grounds of an elementary
or secondary publicly funded educational institution, an
elementary or secondary private school licensed by the
Department of Education, an elementary or secondary parochial
school, a certified day-care center or a licensed preschool
program.
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