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