THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY STACK, RAFFERTY, FONTANA, BREWSTER AND WASHINGTON, APRIL 25, 2011

REFERRED TO JUDICIARY, APRIL 25, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for the offense of home

invasion.

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:

§ 3505.  Home invasion.

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

invasion if the person, without permission, knowingly enters the

dwelling place of another when he or she knows or has reason to

know that one or more persons is present or he or she knowingly

enters the dwelling place of another and remains in the dwelling

until he or she knows or has reason to know that one or more

persons is present and does any of the following:

(1)  intentionally threatens or causes any bodily injury

to any person within the dwelling place; or

(2)  while armed with a dangerous weapon, other than a

firearm, uses force or threatens the imminent use of force

upon any person within the dwelling whether or not injury

occurs; or

(3)  while armed with a firearm, uses force or threatens

the imminent use of force upon any person within the dwelling

whether or not injury occurs.

(b)  Grading.--A offense under subsection (a)(1) is a felony

of the third degree. An offense under subsection (a)(2) is a

felony of the second degree. An offense under subsection (a)(3)

is a felony of the first degree.

(c)  Mandatory minimum penalty.--A person convicted under

subsection (a)(1) shall be sentenced to a minimum sentence of

imprisonment of at least one year. A person convicted under

subsection (a)(2) shall be sentenced to a minimum sentence of

imprisonment of at least three years. A person convicted under

subsection (a)(3) shall be sentenced to a minimum sentence of

imprisonment of at least five years. Nothing in this subsection

shall prevent the sentencing court from imposing a sentence

greater than that provided under this subsection, up to the

maximum penalty prescribed under this title for a felony of the

grade set forth under subsection (b).

(d)  Sentencing.--A court may order a term of imprisonment

imposed for home invasion to be served consecutively to any term

of imprisonment imposed for any other criminal offense arising

from the same transaction.

(e)  Applicability.--Prosecution of an individual under this

section shall not preclude prosecution of the individual under

any other applicable law based on the same conduct or the same

criminal episode.

(f)  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:

"Dwelling place of another."  A structure or shelter that is

used permanently or temporarily as a place of abode, including

an appurtenant structure attached to that structure or shelter.

The term includes a dwelling place where the defendant maintains

a tenancy interest but from which the defendant has been barred

by decree, judgment of dissolution of marriage, order of

protection, or other court order.

"Firearm."  Any weapon which is designed to or may readily be

converted to expel any projectile by the action of an explosive

or the frame or receiver of any such weapon.

"Without permission."  Without having obtained permission to

enter from the owner or lessee of the dwelling or from any other

person lawfully in possession or control of the dwelling.

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