SENATE AMENDED
PRIOR PRINTER'S NOS. 807, 2352, 2979 PRINTER'S NO. 3160
No. 758 Session of 1981
INTRODUCED BY CIMINI, GRIECO, PICCOLA, MANMILLER, DININNI,
PETERSON, E. H. SMITH, MADIGAN, BURNS, HAGARTY, WILT, GEORGE,
DeWEESE, MORRIS, FEE, STUBAN, F. E. TAYLOR, RASCO, BURD,
GRUPPO, FLECK, HEISER, FRAZIER, SIEMINSKI, LETTERMAN,
LIVENGOOD, BELFANTI, MRKONIC, HORGOS, LEVI, MERRY AND BOYES,
MARCH 9, 1981
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, APRIL 14, 1982
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, making it illegal to destroy a vehicle
3 by fire or explosion; defining "another person" and providing
4 a defense.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3301 of Title 18, act of November 25,
8 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
9 Statutes, is amended to read:
10 § 3301. Arson and related offenses.
11 (a) Endangering persons.--A person commits a felony of the
12 first degree if he intentionally starts a fire or causes an
13 explosion, whether on his own property or on that of another,
14 and thereby recklessly places another person in danger of death
15 or bodily injury. For purposes of this subsection, "another
16 person" shall include BUT SHALL NOT BE LIMITED TO firefighters, <--
1 police officers or citizens who render assistance at the scene
2 of the fire or explosion.
3 (b) Endangering property.--A person commits a felony of the
4 second degree if he:
5 (1) starts a fire or causes an explosion with intent of
6 destroying a building or occupied structure of another;
7 (2) intentionally starts a fire or causes an explosion,
8 whether on his own property or on that of another, and
9 thereby recklessly places a building or occupied structure of
10 another in danger of damage or destruction; or
11 (3) starts a fire or causes an explosion with intent of
12 destroying or damaging any property, whether his own or of
13 another, to collect insurance for such loss.
14 (c) Destruction of vehicles.--A person commits a felony of
15 the third degree if he starts a fire or causes an explosion with
16 intent of destroying his own vehicle or a vehicle of another.
17 [(c)] (d) Definitions.--As used in this section the term
18 "occupied structure" means any structure, vehicle or place
19 adapted for overnight accommodation of persons or for carrying
20 on business therein, whether or not a person is actually
21 present. Property is that of another, for the purposes of this
22 section, if anyone other than the actor has a possessory or
23 proprietory interest therein. If a building or structure is
24 divided into separately occupied units, any unit not occupied by
25 the actor is an occupied structure of another.
26 (e) Defenses.--It is a defense to prosecution under
27 subsection (c) where a person is charged with destroying a
28 vehicle, lawful title to which is vested in him, if the vehicle
29 is free of any encumbrances, there is no fire insurance coverage <--
30 INSURANCE COVERING LOSS BY FIRE OR EXPLOSION OR BOTH on the <--
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1 vehicle and the person delivers to the nearest State Police fire <--
2 marshal's office STATION at least 48 hours in advance of the <--
3 planned destruction a written sworn statement certifying that
4 the person is the lawful titleholder, that the vehicle is free
5 of any encumbrances and that there is no fire insurance coverage <--
6 INSURANCE COVERING LOSS BY FIRE OR EXPLOSION OR BOTH on the <--
7 vehicle.
8 Section 2. This act shall take effect in 90 days.
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