S0652B1784A09368 BIL:EJH 09/24/18 #90 A09368
AMENDMENTS TO SENATE BILL NO. 652
Sponsor: REPRESENTATIVE MAHER
Printer's No. 1784
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in arson, criminal mischief and other property destruction,
providing for the offense of critical infrastructure
vandalism; and,
Amend Bill, page 1, lines 7 through 9, by striking out all of
said lines and inserting
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3314. Critical infrastructure vandalism.
(a) Offense defined.--A person commits the offense of
critical infrastructure vandalism if the person intentionally or
recklessly damages, destroys, vandalizes, defaces or tampers
with equipment in a critical infrastructure facility.
(b) Grading.--Critical infrastructure vandalism constitutes
a misdemeanor of the third degree except as follows:
(1) If the actor intentionally or recklessly causes
pecuniary loss in excess of $500 but less than $1,000,
critical infrastructure vandalism constitutes a misdemeanor
of the second degree.
(2) If the actor intentionally causes pecuniary loss in
excess of $1,000 but less than $5,000, critical
infrastructure vandalism constitutes a misdemeanor of the
first degree.
(3) If the actor intentionally causes pecuniary loss in
excess of $5,000, critical infrastructure vandalism
constitutes a felony of the third degree.
(c) Restitution.--A person convicted of violating this
section shall, in addition to any other penalty imposed, be
sentenced to pay restitution to the owner of the property
damaged as a result of the violation. Restitution shall be in an
amount up to triple the value of the property damages incurred
as a result of the offense. In ordering restitution under this
subsection, the court shall consider as part of the amount of
property damages the market value of the property prior to the
violation and the production, research, testing, replacement and
development costs directly related to the property.
(d) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Critical infrastructure." As defined in section 3503(d)
(relating to criminal trespass).
"Pecuniary loss." The term includes the cost of repair or
replacement of the property affected.
Section 2. Section 3503(d) of Title 18 is amended and the
section is amended by adding a subsection to read:
Amend Bill, page 1, lines 15 through 18; page 2, line 1; by
striking out all of lines 15 through 18 on page 1 and "(ii)" in
line 1 on page 2 and inserting
(i)
Amend Bill, page 2, lines 5 through 9, by striking out all of
lines 5 through 8 and "(iv)" in line 9 and inserting
(ii)
Amend Bill, page 2, line 10, by striking out ", (ii) or
(iii)"
Amend Bill, page 2, lines 11 through 30; page 3, lines 1
through 30; page 4, lines 1 through 4; by striking out all of
said lines on said pages and inserting
(2) Grading is as follows:
(i) A first offense under paragraph (1) constitutes
a felony of the second degree. A person convicted under
this subparagraph shall be sentenced to pay a fine of not
less than $5,000 nor more than $20,000.
(ii) A second offense under paragraph (1)
constitutes a felony of the first degree. A person
convicted under this subparagraph shall be sentenced to
pay a fine of not less than $5,000 nor more than $20,000.
Amend Bill, page 5, line 14, by striking out the comma after
"tracks" and inserting
or
Amend Bill, page 5, line 15, by striking out "or other
freight transportation facility"
Amend Bill, page 6, lines 16 and 17, by striking out "whether
stored on"
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Amend Bill, page 6, line 17, by striking out "or at a storage
yard"
Amend Bill, page 6, line 18, by inserting after "construct"
, maintain or operate
Amend Bill, page 7, line 1, by striking out "2" and inserting
3
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