THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY METCALFE, BOYD, CREIGHTON, CUTLER, DONATUCCI, EVERETT, FARRY, GABLER, GIBBONS, GILLEN, GILLESPIE, GINGRICH, GROVE, HESS, MARSHALL, MILLER, MILNE, MURT, RAPP AND VULAKOVICH, NOVEMBER 28, 2011

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 28, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, defining the offense of theft of

secondary metal; and prescribing penalties.

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:

§ 3935.  Theft of secondary metal.

(a)  Offense defined.--A person commits the offense of theft

of secondary metal if the person unlawfully takes or attempts to

take possession of, carries away or exercises unlawful control

over any secondary metal with intent to deprive the rightful

owner thereof.

(b)  Grading.--Except as set forth in subsection (c):

(1)  An offense under this section constitutes a

misdemeanor of the third degree when the value of the

secondary metal unlawfully obtained is less than $50.

(2)  When the value of the secondary metal unlawfully

obtained is $50 or more but less than $200 the offense

constitutes a misdemeanor of the second degree.

(3)  When the value of the secondary metal unlawfully

obtained is $200 or more but less than $1,000 the offense

constitutes a misdemeanor of the first degree.

(4)  When the value of the secondary metal unlawfully

obtained is $1,000 or more, the offense constitutes a felony

of the third degree.

(c)  Third or subsequent offenses.--An offense under this

section constitutes a felony of the third degree when the

offense is a third or subsequent offense, regardless of the

value of the secondary metal. For purposes of this subsection, a

first offense includes a conviction, acceptance of Accelerated

Rehabilitative Disposition or other form of preliminary

disposition before the sentencing on the present violation for

an offense under this section or an offense substantially

similar to an offense under this section.

(d)  Definition.--As used in this section, the term

"secondary metal" means wire or cable commonly used by

communications and electrical utilities, copper, aluminum or

other metal, or a combination of metals, that is valuable for

recycling or reuse as raw material.

Section 2.  This act shall take effect in 60 days.