PRINTER'S NO. 1673
No. 1419 Session of 1999
INTRODUCED BY HENNESSEY, GANNON, CHADWICK, SCHRODER AND BROWNE,
MAY 4, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MAY 4, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for terroristic
3 threats and for institutional vandalism.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2706 and 3307 of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended by adding
8 subsections to read:
9 § 2706. Terroristic threats.
10 * * *
11 (d) School terroristic threats.--The school superintendent
12 or chief administrator shall report terroristic threats of
13 violent acts occurring within school grounds to local law
14 enforcement officers.
15 § 3307. Institutional vandalism.
16 * * *
17 (c) Action to recover damages.--
18 (1) Where the damages to school property exceed $1,000
1 from an incident of vandalism and if the offender has
2 willfully or recklessly damaged school district property or
3 has willfully or recklessly committed acts against school
4 district property cognizable as an offense under subsection
5 (a)(3), as it relates to a school or educational facility,
6 then unless a legally binding settlement agreement has been
7 entered into between the parties assuring that restitution
8 will be made, the board of school directors of the school
9 district owning the damaged property shall institute a civil
10 action to recover compensatory damages not exceeding $50,000
11 plus court costs and attorney fees from the offender or from
12 the parents or legal guardian of the offender if the offender
13 is a minor. A finding of willful damage shall not be
14 dependent upon:
15 (i) a prior finding that the offender, if a minor,
16 is delinquent or is a dependent child; or
17 (ii) the offender's conviction of any prior criminal
18 offense.
19 (2) If a court renders a judgment under this subsection
20 in favor of a board of school directors of a school district,
21 the court shall order full restitution unless the board and
22 the offender or the parent or legal guardian of the minor
23 agree that the offender, or the minor and the parent or legal
24 guardian, will perform community service in lieu of full
25 payment of the judgment.
26 (3) If an agreement for community service is reached
27 under paragraph (2), the court shall order the offender, and
28 in the case of a minor offender may also order the parents or
29 legal guardian of the minor offender, to make payment of
30 money and to perform such community service as has been
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1 agreed to by the parties as equating to full restitution. In
2 the order, the court:
3 (i) shall specify the amount to be paid by the
4 offender, or by the minor offender and the parents or
5 legal guardian, and the number of hours of community
6 service to be performed;
7 (ii) may designate a specific type of community
8 service or delegate the service to an established
9 community service program; and
10 (iii) may specify any other conditions necessary to
11 carry out the order.
12 (4) Where the damages to school property are $1,000 or
13 less, the board of school directors of the school district
14 owning the damaged property may institute a civil action to
15 recover compensatory damages and the liability of a parent or
16 legal guardian for the actions of a minor offender shall be
17 premised upon the provisions of 23 Pa.C.S. Ch. 55 (relating
18 to liability for tortious acts of children). Notwithstanding
19 the provisions of 23 Pa.C.S. § 5505(b) (relating to monetary
20 limits of liability), for amounts in excess of $1,000, the
21 liability of a parent or legal guardian for the actions of a
22 minor offender shall be premised upon a finding that the
23 parent or legal guardian failed to exercise reasonable and
24 diligent supervision of the minor, which would likely have
25 prevented the occurrence of the damage.
26 Section 2. This act shall take effect in 60 days.
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