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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 572, 1412, 1579          PRINTER'S NO. 1851

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 30, 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 AND FOR CONTROL OF ALARM DEVICES AND    <--
     5     AUTOMATIC DIALING DEVICES.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Title 18 of the Pennsylvania Consolidated          <--
     9  Statutes is amended by adding a section to read:
    10     SECTION 1.  SECTION 3301(D), (H) AND (I) OF TITLE 18 OF THE    <--
    11  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
    12  IS AMENDED BY ADDING A SUBSECTION TO READ:
    13  § 3301.  ARSON AND RELATED OFFENSES.
    14     * * *
    15     (D)  RECKLESS BURNING OR EXPLODING.--A PERSON COMMITS A
    16  FELONY OF THE THIRD DEGREE IF HE INTENTIONALLY STARTS A FIRE OR
    17  CAUSES AN EXPLOSION, OR IF HE AIDS, COUNSELS, PAYS OR AGREES TO
    18  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;
    19970S0543B1851                  - 2 -

     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 SECTIONS   <--
    19  TO READ:
    20  § 7509 7510.  Municipal housing code avoidance.                   <--
    21     (a)  Offense defined.--A person commits the crime of
    22  municipal housing code avoidance if:
    23         (1)  the person has been convicted of a fourth or
    24     subsequent violation of the same subsection of a municipal
    25     housing code for the same property;
    26         (2)  the violation has been continual and uncorrected;
    27         (3)  the violation poses a threat to the public's health,
    28     safety or property; and
    29         (4)  no reasonable attempt has been made by the person to
    30     correct the violation.
    19970S0543B1851                  - 3 -

     1     (b)  Grading.--Municipal housing code avoidance shall
     2  constitute a:
     3         (1)  Misdemeanor of the second degree when the offense is
     4     a fourth conviction of a violation of the same subsection
     5     under a municipal housing code relating to the same property.
     6         (2)  Misdemeanor of the first degree when the offense is
     7     based on five or more convictions of violations of the same
     8     subsection under a municipal housing code relating to the
     9     same property.
    10     (c)  Definition.--As used in this section, the term
    11  "municipal housing code" means any municipality's building,
    12  housing or property maintenance code or ordinance.
    13  § 7511.  CONTROL OF ALARM DEVICES AND AUTOMATIC DIALING DEVICES.  <--
    14     (A)  AUTOMATIC DIALING DEVICES.--A PERSON MAY NOT ATTACH OR
    15  USE AN AUTOMATIC DIALING DEVICE WITHOUT DOING ALL OF THE
    16  FOLLOWING:
    17         (1)  PROVIDING THE DISCLOSURE UNDER SUBSECTION (B).
    18         (2)  OBTAINING PRIOR WRITTEN APPROVAL FROM A PUBLIC
    19     SAFETY AGENCY TO USE THE AUTOMATIC DIALING DEVICE TO ALERT
    20     THE PUBLIC SAFETY AGENCY OF AN ALARM CONDITION. THE PUBLIC
    21     SAFETY AGENCY SHALL NOT BE RESPONSIBLE FOR ANY COSTS FOR THE
    22     INSTALLATION AND MAINTENANCE OF ANY DEDICATED TELEPHONE LINE
    23     OR EQUIPMENT ASSOCIATED WITH THE ALARM TERMINATION.
    24     (B)  DISCLOSURE.--A PERSON SEEKING APPROVAL UNDER SUBSECTION
    25  (A) SHALL DISCLOSE THE TELEPHONE NUMBER OF A PERSON TO BE
    26  CONTACTED IF THE AUTOMATIC DIALING DEVICE IS ACTIVATED AND ALL
    27  RELEVANT FACTS CONCERNING THE DESIGN AND LAYOUT OF THE PREMISES
    28  TO BE PROTECTED BY THE AUTOMATIC DIALING DEVICE. THE PERSON
    29  SHALL INFORM THE PUBLIC SAFETY AGENCY OF ANY CHANGE IN THE
    30  INFORMATION REQUIRED BY THIS SUBSECTION AS SOON AS PRACTICABLE.
    19970S0543B1851                  - 4 -

     1     (C)  FALSE ALARMS PROHIBITED.--
     2         (1)  A PERSON THAT OWNS, USES OR POSSESSES AN ALARM
     3     DEVICE OR AUTOMATIC DIALING DEVICE MAY NOT, AFTER CAUSING OR
     4     PERMITTING THREE FALSE ALARMS TO OCCUR IN A CONSECUTIVE 12-
     5     MONTH PERIOD, CAUSE OR PERMIT A SUBSEQUENT FALSE ALARM TO
     6     OCCUR IN THE SAME CONSECUTIVE 12-MONTH PERIOD. A PERSON THAT
     7     VIOLATES THIS PARAGRAPH COMMITS A SUMMARY OFFENSE AND SHALL,
     8     UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $300.
     9         (2)  VENUE FOR PROSECUTION OF AN OFFENSE UNDER THIS
    10     SUBSECTION SHALL LIE AT ANY OF THE FOLLOWING PLACES:
    11             (I)  WHERE THE ALARM ORIGINATED.
    12             (II)  WHERE THE ALARM WAS RECEIVED BY THE:
    13                 (A)  PUBLIC SERVICE AGENCY; OR
    14                 (B)  THIRD PERSON DESIGNATED TO NOTIFY THE PUBLIC
    15             SERVICE AGENCY.
    16         (3)  DISPOSITION OF FINES SHALL BE AS FOLLOWS:
    17             (I)  THE FINE SHALL BE PAID TO THE MUNICIPALITY IF
    18         ALL OF THE FOLLOWING APPLY:
    19                 (A)  THE PUBLIC SAFETY AGENCY WHICH RESPONDED TO
    20             THE FALSE ALARM SERVES THE MUNICIPALITY.
    21                 (B)  THE PROSECUTION IS INITIATED BY THE PUBLIC
    22             SAFETY AGENCY UNDER CLAUSE (A) OR BY THE
    23             MUNICIPALITY.
    24                 (C)  THE OFFENSE IS PROSECUTED BY THE APPROPRIATE
    25             DISTRICT ATTORNEY.
    26             (II)  THE FINE SHALL BE PAID TO THE COMMONWEALTH IF
    27         ALL OF THE FOLLOWING APPLY:
    28                 (A)  THE PENNSYLVANIA STATE POLICE IS THE PUBLIC
    29             SAFETY AGENCY WHICH RESPONDED TO THE FALSE ALARM.
    30                 (B)  THE PROSECUTION IS INITIATED BY THE
    19970S0543B1851                  - 5 -

     1             PENNSYLVANIA STATE POLICE.
     2                 (C)  THE OFFENSE IS PROSECUTED BY THE ATTORNEY
     3             GENERAL.
     4                 (D)  THERE IS NO PROSECUTION UNDER SUBPARAGRAPH
     5             (I).
     6     (D)  SUSPENSION OR REVOCATION OF APPROVAL.--THE PUBLIC SAFETY
     7  AGENCY MAY REFUSE, REVOKE OR SUSPEND THE APPROVAL GRANTED UNDER
     8  SUBSECTION (A) IF THE PUBLIC SAFETY AGENCY DETERMINES ANY OF THE
     9  FOLLOWING:
    10         (1)  THE REQUEST FOR APPROVAL CONTAINS A STATEMENT OF
    11     MATERIAL OF FACT WHICH IS FALSE.
    12         (2)  THE PERSON FAILED TO COMPLY WITH THIS SECTION.
    13         (3)  THE PERSON VIOLATED SUBSECTION (C).
    14     (E)  LOCAL REGULATION OF INSTALLERS.--
    15         (1)  GENERAL RULE.--EXCEPT AS SET FORTH IN PARAGRAPH (2),
    16     NOTHING IN THIS SECTION SHALL PROHIBIT A MUNICIPALITY FROM
    17     REQUIRING ANY INDIVIDUAL WHO INSTALLS ALARMS IN SUCH
    18     MUNICIPALITY TO ACQUIRE A LICENSE, MEET EDUCATIONAL
    19     REQUIREMENTS OR PASS AN EXAMINATION RELATING TO COMPETENCE TO
    20     PERFORM SUCH INSTALLATIONS. NOTHING IN THIS SECTION SHALL
    21     PRECLUDE MUNICIPALITIES FROM DOING ANY OF THE FOLLOWING:
    22             (I)  DENYING OR REVOKING LOCAL PERMITS FOR FAILURE TO
    23         COMPLY WITH LOCAL ORDINANCES.
    24             (II)  LEVYING LAWFUL TAXES AND FEES.
    25             (III)  REQUIRING THE PURCHASE OF A BUSINESS PRIVILEGE
    26         LICENSE.
    27         (2)  LIMITATION.--A MUNICIPALITY MAY NOT REQUIRE A
    28     LICENSED ELECTRICAL CONTRACTOR TO ACQUIRE A SEPARATE OR
    29     ADDITIONAL LICENSE OR CERTIFICATION TO INSTALL ALARMS IF THE
    30     ELECTRICAL CONTRACTOR IS LICENSED BY THE MUNICIPALITY AND HAS
    19970S0543B1851                  - 6 -

     1     PASSED AN EXAMINATION IN THE NATIONAL ELECTRICAL CODE, A
     2     SIMILAR CODE OR LOCAL ELECTRICAL CODE AND HAS AT LEAST TWO
     3     YEARS' EXPERIENCE AS AN ELECTRICAL CONTRACTOR.
     4     (F)  DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
     5  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
     6  SUBSECTION:
     7     "ALARM."  A COMMUNICATION TO A PUBLIC SAFETY AGENCY
     8  INDICATING THAT A CRIME, FIRE OR OTHER EMERGENCY WARRANTING
     9  IMMEDIATE ACTION BY THAT PUBLIC SAFETY AGENCY HAS OCCURRED OR IS
    10  OCCURRING.
    11     "ALARM DEVICE."  A DEVICE DESIGNED TO AUTOMATICALLY TRANSMIT
    12  AN ALARM:
    13         (1)  DIRECTLY TO A PUBLIC SAFETY AGENCY; OR
    14         (2)  TO A PERSON THAT IS INSTRUCTED TO NOTIFY THE PUBLIC
    15     SAFETY AGENCY OF THE ALARM.
    16     "AUTOMATIC DIALING DEVICE."  A DEVICE WHICH IS INTERCONNECTED
    17  TO A TELEPHONE LINE AND PREPROGRAMMED TO TRANSMIT THE CODED
    18  SIGNAL OF AN ALARM TO A DEDICATED TELEPHONE TRUNK LINE OR TO
    19  DIAL A PREDETERMINED TELEPHONE NUMBER TO AN ALARM TO A PUBLIC
    20  SAFETY AGENCY.
    21     "DEDICATED TELEPHONE TRUNK LINE."  A TELEPHONE LINE OR LINES
    22  WHICH SERVES A PUBLIC SAFETY AGENCY WHICH IS DEDICATED TO
    23  RECEIVING TRANSMISSIONS FROM AN AUTOMATIC DIALING DEVICE.
    24     "FALSE ALARM."  THE ACTIVATION OF AN ALARM DEVICE TO WHICH A
    25  PUBLIC SAFETY AGENCY RESPONDS WHEN A CRIME, FIRE OR OTHER
    26  EMERGENCY HAS NOT OCCURRED.
    27     "PERSON."  AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
    28  INCORPORATED ASSOCIATION OR OTHER SIMILAR ENTITY.
    29     "PUBLIC SAFETY AGENCY."  THE PENNSYLVANIA STATE POLICE OR ANY
    30  MUNICIPAL POLICE OR FIRE DEPARTMENT.
    19970S0543B1851                  - 7 -

     1     Section 2 3.  This act shall take effect in 60 days.           <--




















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