HOUSE AMENDED
PRIOR PRINTER'S NOS. 572, 1412 PRINTER'S NO. 1579
No. 543 Session of 1997
INTRODUCED BY PICCOLA, BRIGHTBILL, ULIANA, JUBELIRER, MELLOW,
AFFLERBACH, GERLACH, HELFRICK, O'PAKE, ROBBINS, MADIGAN,
WOZNIAK, THOMPSON, DELP AND SALVATORE, FEBRUARY 25, 1997
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 21, 1998
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, FURTHER PROVIDING FOR ARSON AND <--
3 RELATED OFFENSES; AND providing for the crime of municipal
4 housing code avoidance.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated <--
8 Statutes is amended by adding a section to read:
9 SECTION 1. SECTION 3301(D), (H) AND (I) OF TITLE 18 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
11 IS AMENDED BY ADDING A SUBSECTION TO READ:
12 § 3301. ARSON AND RELATED OFFENSES.
13 * * *
14 (D) RECKLESS BURNING OR EXPLODING.--A PERSON COMMITS A
15 FELONY OF THE THIRD DEGREE IF HE INTENTIONALLY STARTS A FIRE OR
16 CAUSES AN EXPLOSION, OR IF HE AIDS, COUNSELS, PAYS OR AGREES TO
17 PAY ANOTHER TO CAUSE A FIRE OR EXPLOSION, WHETHER ON HIS OWN
1 PROPERTY OR ON THAT OF ANOTHER, AND THEREBY RECKLESSLY:
2 (1) PLACES AN UNINHABITED BUILDING OR UNOCCUPIED
3 STRUCTURE OF ANOTHER IN DANGER OF DAMAGE OR DESTRUCTION; OR
4 (2) [PLACES ANY PERSONAL PROPERTY OF ANOTHER HAVING A
5 VALUE OF $5,000 OR MORE] PLACES ANY PERSONAL PROPERTY OF
6 ANOTHER HAVING A VALUE THAT EXCEEDS $5,000, OR IF THE
7 PROPERTY IS AN AUTOMOBILE, AIRPLANE, MOTORCYCLE, MOTORBOAT OR
8 OTHER MOTOR-PROPELLED VEHICLE IN DANGER OF DAMAGE OR
9 DESTRUCTION.
10 (D.1) DANGEROUS BURNING.--A PERSON COMMITS A SUMMARY OFFENSE
11 IF HE INTENTIONALLY OR RECKLESSLY STARTS A FIRE TO ENDANGER ANY
12 PERSON OR PROPERTY OF ANOTHER, WHETHER OR NOT ANY DAMAGE TO
13 PERSON OR PROPERTY ACTUALLY OCCURS.
14 * * *
15 (H) LIMITATIONS ON LIABILITY.--THE PROVISIONS OF SUBSECTIONS
16 (A), (B), (C), (D), (D.1) AND (E) SHALL NOT BE CONSTRUED TO
17 ESTABLISH CRIMINAL LIABILITY UPON ANY VOLUNTEER OR PAID
18 FIREFIGHTER OR VOLUNTEER OR PAID FIREFIGHTING COMPANY OR
19 ASSOCIATION IF SAID COMPANY OR ASSOCIATION ENDANGERS A
20 PARTICIPATING FIREFIGHTER OR REAL OR PERSONAL PROPERTY IN THE
21 COURSE OF AN APPROVED, CONTROLLED FIRE TRAINING PROGRAM OR FIRE
22 EVOLUTION, PROVIDED THAT SAID COMPANY OR ASSOCIATION HAS
23 COMPLIED WITH THE FOLLOWING:
24 (1) A SWORN STATEMENT FROM THE OWNER OF ANY REAL OR
25 PERSONAL PROPERTY INVOLVED IN SUCH PROGRAM OR EVOLUTION THAT
26 THERE IS NO FIRE INSURANCE POLICY OR NO LIEN OR ENCUMBRANCE
27 EXISTS WHICH APPLIES TO SUCH REAL OR PERSONAL PROPERTY;
28 (2) APPROVAL OR PERMITS FROM THE APPROPRIATE LOCAL
29 GOVERNMENT OR STATE OFFICIALS, IF NECESSARY, TO CONDUCT SUCH
30 PROGRAM OR EXERCISE HAVE BEEN RECEIVED;
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1 (3) PRECAUTIONS HAVE BEEN TAKEN SO THAT THE PROGRAM OR
2 EVOLUTION DOES NOT AFFECT ANY OTHER PERSONS OR REAL OR
3 PERSONAL PROPERTY; AND
4 (4) PARTICIPATION OF FIREFIGHTERS IN THE PROGRAM OR
5 EXERCISE IF VOLUNTARY.
6 (I) DEFENSES.--IT IS A DEFENSE TO PROSECUTION UNDER
7 SUBSECTIONS (C) [AND (D)], (D) AND (D.1) WHERE A PERSON IS
8 CHARGED WITH DESTROYING A VEHICLE, LAWFUL TITLE TO WHICH IS
9 VESTED IN HIM, IF THE VEHICLE IS FREE OF ANY ENCUMBRANCES, THERE
10 IS NO INSURANCE COVERING LOSS BY FIRE OR EXPLOSION OR BOTH ON
11 THE VEHICLE AND THE PERSON DELIVERS TO THE NEAREST STATE POLICE
12 STATION AT LEAST 48 HOURS IN ADVANCE OF THE PLANNED DESTRUCTION
13 A WRITTEN SWORN STATEMENT CERTIFYING THAT THE PERSON IS THE
14 LAWFUL TITLEHOLDER, THAT THE VEHICLE IS FREE OF ANY ENCUMBRANCES
15 AND THAT THERE IS NO INSURANCE COVERING LOSS BY FIRE OR
16 EXPLOSION OR BOTH ON THE VEHICLE.
17 * * *
18 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
19 § 7509 7510. Municipal housing code avoidance. <--
20 (a) Offense defined.--A person commits the crime of
21 municipal housing code avoidance if:
22 (1) the person has been convicted of a fourth or
23 subsequent violation of the same subsection of a municipal
24 housing code for the same property;
25 (2) the violation has been continual and uncorrected;
26 (3) the violation poses a threat to the public's health,
27 safety or property; and
28 (4) no reasonable attempt has been made by the person to
29 correct the violation.
30 (b) Grading.--Municipal housing code avoidance shall
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1 constitute a:
2 (1) Misdemeanor of the second degree when the offense is
3 a fourth conviction of a violation of the same subsection
4 under a municipal housing code relating to the same property.
5 (2) Misdemeanor of the first degree when the offense is
6 based on five or more convictions of violations of the same
7 subsection under a municipal housing code relating to the
8 same property.
9 (c) Definition.--As used in this section, the term
10 "municipal housing code" means any municipality's building,
11 housing or property maintenance code or ordinance.
12 Section 2 3. This act shall take effect in 60 days. <--
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