PRIOR PRINTER'S NO. 706 PRINTER'S NO. 1491
No. 671 Session of 1981
INTRODUCED BY ZWIKL, J. L. WRIGHT, SPENCER, IRVIS,
W. D. HUTCHINSON, GALLEN, PITTS, LLOYD, VROON, BROWN, POTT,
DAWIDA, LETTERMAN, MICOZZIE, PICCOLA, KUKOVICH, HOEFFEL,
WARGO, EARLEY, ALDEN, KANUCK, McVERRY, SPITZ, CIVERA, WACHOB,
SWEET, ARMSTRONG, ALDEN, BRANDT, SNYDER, PISTELLA,
CALTAGIRONE, BELARDI AND McINTYRE, FEBRUARY 18, 1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 28, 1981
AN ACT
1 Providing for the protection of library, museum and archival
2 material, defining the crime of library theft, providing for
3 the detention of suspects, exempting libraries and their
4 employees from civil and criminal liability and providing
5 penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 The act shall be known and may be cited as the "Archive,
10 Library and Museum Protection Act."
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have, unless the context clearly indicates otherwise, the
14 meanings given to them in this section:
15 "Library." Any public library, any library, archives or
16 manuscript repository of an educational, historical or <--
17 eleemosynary institution, organization or society, any museum
1 and any repository of public records.
2 "Library and museum material." Any book, plate, picture,
3 photograph, engraving, painting, drawing, map, newspaper,
4 magazine, pamphlet, broadside, manuscript, document, letter,
5 public record, microfilm, sound recording, audiovisual materials
6 in any format, magnetic or other tapes, electronic data
7 processing records, display object, exhibit, work of art,
8 artifact, or other documentary, written or printed materials
9 regardless of physical form or characteristics, belonging to, on
10 loan to, or otherwise in the custody of a library.
11 Section 3. Crime of library theft.
12 (a) Offense defined.--A person is guilty of the crime of
13 library theft when he willfully conceals on his person or among
14 his belongings any book, object or other library and museum
15 material while still on the premises of the library or willfully
16 and without authority removes any book, object or other library
17 and museum material from such library with the intention of
18 converting them to his own use.
19 (b) Grading.--
20 (1) Library theft constitutes a:
21 (i) Summary offense when the offense is a first
22 offense and the value of the material is less than $150.
23 (ii) Misdemeanor of the second degree when the
24 offense is a second offense and the value of the material
25 is less than $150.
26 (iii) Misdemeanor of the first degree when the
27 offense is a first or second offense and the value of the
28 material is $150 or more.
29 (iv) Felony of the third degree when the offense is
30 a third or subsequent offense, regardless of the value of
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1 the material.
2 (2) Amounts involved in library thefts committed
3 pursuant to one scheme or course of conduct, whether from the
4 same library or several libraries may be aggregated in
5 determining the grade of the offense.
6 (c) Presumption.--A person who willfully conceals any book,
7 object or other library and museum material on his person or
8 among his belongings while still on the premises of the library
9 or in the immediate vicinity thereof shall be prima facie
10 presumed to have concealed the book, object or other library and
11 museum material with the intention of converting them to his own
12 use. If a book, object or other library and museum material are
13 found concealed upon his person or among his belongings, it
14 shall be prima facie evidence of willful concealment.
15 Section 4. Detention.
16 A library or an employee or agent of a library that has
17 probable cause to believe that a person has committed library
18 theft may detain such person on the premises of the library or
19 in the immediate vicinity thereof for the following purposes:
20 (1) To conduct an investigation in a reasonable manner
21 and within a reasonable length of time to determine whether
22 such person has unlawfully concealed or removed a book,
23 object or other library and museum material.
24 (2) To inform a peace officer of the detention of the
25 person and to surrender that person to the custody of a peace
26 officer.
27 Section 5. Exemption from liability.
28 A library or an employee or agent of a library who detains or
29 causes the arrest of any person pursuant to section 4 shall not
30 be held civilly or criminally liable for false arrest, false
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1 imprisonment, unlawful detention, assault, battery, slander,
2 libel or malicious prosecution of the person detained or
3 arrested, provided that in detaining or causing the arrest of
4 the person, the library or the employee or agent of the library
5 had at the time of the detention or arrest probable cause to
6 believe that the person committed the crime of library theft.
7 Section 6. Public display of act.
8 A copy of this act shall be publicly displayed in the reading
9 rooms and other public rooms of all libraries in such number and
10 manner as will bring the act to the attention of all patrons.
11 Section 7. Effective date.
12 This act shall take effect immediately.
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