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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 572, 1412, 1579,         PRINTER'S NO. 1862
        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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MARCH 31, 1998

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, FURTHER PROVIDING FOR NEGLECT OF CARE-  <--
     3     DEPENDENT PEOPLE AND FOR ARSON AND RELATED OFFENSES; AND
     4     providing for the crime of municipal housing code avoidance    <--
     5     AND FOR CONTROL OF ALARM DEVICES AND AUTOMATIC DIALING         <--
     6     DEVICES.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Title 18 of the Pennsylvania Consolidated          <--
    10  Statutes is amended by adding a section to read:
    11     SECTION 1.  SECTION 3301(D), (H) AND (I) OF TITLE 18 OF THE    <--
    12  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
    13  IS AMENDED BY ADDING A SUBSECTION TO READ:
    14     SECTION 1.  SECTION 2713(D)(2) OF TITLE 18 OF THE              <--
    15  PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
    16  § 2713.  NEGLECT OF CARE-DEPENDENT PERSON.
    17     * * *
    18     (D)  ENFORCEMENT.--

     1         * * *
     2         (2)  IN ADDITION TO THE AUTHORITY CONFERRED UPON THE
     3     ATTORNEY GENERAL UNDER THE ACT OF OCTOBER 15, 1980 (P.L.950,
     4     NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, THE
     5     ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE AND
     6     INSTITUTE CRIMINAL PROCEEDINGS FOR ANY VIOLATION OF THIS
     7     SECTION [OR ANY SERIES OF SUCH VIOLATIONS INVOLVING MORE THAN
     8     ONE COUNTY OF THIS COMMONWEALTH OR INVOLVING ANY COUNTY OF
     9     THIS COMMONWEALTH AND ANOTHER STATE]. A PERSON CHARGED WITH A
    10     VIOLATION OF THIS SECTION BY THE ATTORNEY GENERAL SHALL NOT
    11     HAVE STANDING TO CHALLENGE THE AUTHORITY OF THE ATTORNEY
    12     GENERAL TO INVESTIGATE OR PROSECUTE THE CASE, AND, IF ANY
    13     SUCH CHALLENGE IS MADE, THE CHALLENGE SHALL BE DISMISSED AND
    14     NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS
    15     COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.
    16     * * *
    17     SECTION 2.  SECTION 3301(D), (H) AND (I) OF TITLE 18 ARE
    18  AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
    19  READ:
    20  § 3301.  ARSON AND RELATED OFFENSES.
    21     * * *
    22     (D)  RECKLESS BURNING OR EXPLODING.--A PERSON COMMITS A
    23  FELONY OF THE THIRD DEGREE IF HE INTENTIONALLY STARTS A FIRE OR
    24  CAUSES AN EXPLOSION, OR IF HE AIDS, COUNSELS, PAYS OR AGREES TO
    25  PAY ANOTHER TO CAUSE A FIRE OR EXPLOSION, WHETHER ON HIS OWN
    26  PROPERTY OR ON THAT OF ANOTHER, AND THEREBY RECKLESSLY:
    27         (1)  PLACES AN UNINHABITED BUILDING OR UNOCCUPIED
    28     STRUCTURE OF ANOTHER IN DANGER OF DAMAGE OR DESTRUCTION; OR
    29         (2) [PLACES ANY PERSONAL PROPERTY OF ANOTHER HAVING A
    30     VALUE OF $5,000 OR MORE] PLACES ANY PERSONAL PROPERTY OF
    19970S0543B1862                  - 2 -

     1     ANOTHER HAVING A VALUE THAT EXCEEDS $5,000, OR IF THE
     2     PROPERTY IS AN AUTOMOBILE, AIRPLANE, MOTORCYCLE, MOTORBOAT OR
     3     OTHER MOTOR-PROPELLED VEHICLE IN DANGER OF DAMAGE OR
     4     DESTRUCTION.
     5     (D.1)  DANGEROUS BURNING.--A PERSON COMMITS A SUMMARY OFFENSE
     6  IF HE INTENTIONALLY OR RECKLESSLY STARTS A FIRE TO ENDANGER ANY
     7  PERSON OR PROPERTY OF ANOTHER, WHETHER OR NOT ANY DAMAGE TO
     8  PERSON OR PROPERTY ACTUALLY OCCURS.
     9     * * *
    10     (H)  LIMITATIONS ON LIABILITY.--THE PROVISIONS OF SUBSECTIONS
    11  (A), (B), (C), (D), (D.1) AND (E) SHALL NOT BE CONSTRUED TO
    12  ESTABLISH CRIMINAL LIABILITY UPON ANY VOLUNTEER OR PAID
    13  FIREFIGHTER OR VOLUNTEER OR PAID FIREFIGHTING COMPANY OR
    14  ASSOCIATION IF SAID COMPANY OR ASSOCIATION ENDANGERS A
    15  PARTICIPATING FIREFIGHTER OR REAL OR PERSONAL PROPERTY IN THE
    16  COURSE OF AN APPROVED, CONTROLLED FIRE TRAINING PROGRAM OR FIRE
    17  EVOLUTION, PROVIDED THAT SAID COMPANY OR ASSOCIATION HAS
    18  COMPLIED WITH THE FOLLOWING:
    19         (1)  A SWORN STATEMENT FROM THE OWNER OF ANY REAL OR
    20     PERSONAL PROPERTY INVOLVED IN SUCH PROGRAM OR EVOLUTION THAT
    21     THERE IS NO FIRE INSURANCE POLICY OR NO LIEN OR ENCUMBRANCE
    22     EXISTS WHICH APPLIES TO SUCH REAL OR PERSONAL PROPERTY;
    23         (2)  APPROVAL OR PERMITS FROM THE APPROPRIATE LOCAL
    24     GOVERNMENT OR STATE OFFICIALS, IF NECESSARY, TO CONDUCT SUCH
    25     PROGRAM OR EXERCISE HAVE BEEN RECEIVED;
    26         (3)  PRECAUTIONS HAVE BEEN TAKEN SO THAT THE PROGRAM OR
    27     EVOLUTION DOES NOT AFFECT ANY OTHER PERSONS OR REAL OR
    28     PERSONAL PROPERTY; AND
    29         (4)  PARTICIPATION OF FIREFIGHTERS IN THE PROGRAM OR
    30     EXERCISE IF VOLUNTARY.
    19970S0543B1862                  - 3 -

     1     (I)  DEFENSES.--IT IS A DEFENSE TO PROSECUTION UNDER
     2  SUBSECTIONS (C) [AND (D)], (D) AND (D.1) WHERE A PERSON IS
     3  CHARGED WITH DESTROYING A VEHICLE, LAWFUL TITLE TO WHICH IS
     4  VESTED IN HIM, IF THE VEHICLE IS FREE OF ANY ENCUMBRANCES, THERE
     5  IS NO INSURANCE COVERING LOSS BY FIRE OR EXPLOSION OR BOTH ON
     6  THE VEHICLE AND THE PERSON DELIVERS TO THE NEAREST STATE POLICE
     7  STATION AT LEAST 48 HOURS IN ADVANCE OF THE PLANNED DESTRUCTION
     8  A WRITTEN SWORN STATEMENT CERTIFYING THAT THE PERSON IS THE
     9  LAWFUL TITLEHOLDER, THAT THE VEHICLE IS FREE OF ANY ENCUMBRANCES
    10  AND THAT THERE IS NO INSURANCE COVERING LOSS BY FIRE OR
    11  EXPLOSION OR BOTH ON THE VEHICLE.
    12     * * *
    13     SECTION 2 3.  TITLE 18 IS AMENDED BY ADDING A SECTION          <--
    14  SECTIONS TO READ:                                                 <--
    15  § 7509 7510.  Municipal housing code avoidance.                   <--
    16     (a)  Offense defined.--A person commits the crime of
    17  municipal housing code avoidance if:
    18         (1)  the person has been convicted of a fourth or
    19     subsequent violation of the same subsection of a municipal
    20     housing code for the same property;
    21         (2)  the violation has been continual and uncorrected;
    22         (3)  the violation poses a threat to the public's health,
    23     safety or property; and
    24         (4)  no reasonable attempt has been made by the person to
    25     correct the violation.
    26     (b)  Grading.--Municipal housing code avoidance shall
    27  constitute a:
    28         (1)  Misdemeanor of the second degree when the offense is
    29     a fourth conviction of a violation of the same subsection
    30     under a municipal housing code relating to the same property.
    19970S0543B1862                  - 4 -

     1         (2)  Misdemeanor of the first degree when the offense is
     2     based on five or more convictions of violations of the same
     3     subsection under a municipal housing code relating to the
     4     same property.
     5     (c)  Definition.--As used in this section, the term
     6  "municipal housing code" means any municipality's building,
     7  housing or property maintenance code or ordinance.
     8  § 7511.  CONTROL OF ALARM DEVICES AND AUTOMATIC DIALING DEVICES.  <--
     9     (A)  AUTOMATIC DIALING DEVICES.--A PERSON MAY NOT ATTACH OR
    10  USE AN AUTOMATIC DIALING DEVICE WITHOUT DOING ALL OF THE
    11  FOLLOWING:
    12         (1)  PROVIDING THE DISCLOSURE UNDER SUBSECTION (B).
    13         (2)  OBTAINING PRIOR WRITTEN APPROVAL FROM A PUBLIC
    14     SAFETY AGENCY TO USE THE AUTOMATIC DIALING DEVICE TO ALERT
    15     THE PUBLIC SAFETY AGENCY OF AN ALARM CONDITION. THE PUBLIC
    16     SAFETY AGENCY SHALL NOT BE RESPONSIBLE FOR ANY COSTS FOR THE
    17     INSTALLATION AND MAINTENANCE OF ANY DEDICATED TELEPHONE LINE
    18     OR EQUIPMENT ASSOCIATED WITH THE ALARM TERMINATION.
    19     (B)  DISCLOSURE.--A PERSON SEEKING APPROVAL UNDER SUBSECTION
    20  (A) SHALL DISCLOSE THE TELEPHONE NUMBER OF A PERSON TO BE
    21  CONTACTED IF THE AUTOMATIC DIALING DEVICE IS ACTIVATED AND ALL
    22  RELEVANT FACTS CONCERNING THE DESIGN AND LAYOUT OF THE PREMISES
    23  TO BE PROTECTED BY THE AUTOMATIC DIALING DEVICE. THE PERSON
    24  SHALL INFORM THE PUBLIC SAFETY AGENCY OF ANY CHANGE IN THE
    25  INFORMATION REQUIRED BY THIS SUBSECTION AS SOON AS PRACTICABLE.
    26     (C)  FALSE ALARMS PROHIBITED.--
    27         (1)  A PERSON THAT OWNS, USES OR POSSESSES AN ALARM
    28     DEVICE OR AUTOMATIC DIALING DEVICE MAY NOT, AFTER CAUSING OR
    29     PERMITTING THREE FALSE ALARMS TO OCCUR IN A CONSECUTIVE 12-
    30     MONTH PERIOD, CAUSE OR PERMIT A SUBSEQUENT FALSE ALARM TO
    19970S0543B1862                  - 5 -

     1     OCCUR IN THE SAME CONSECUTIVE 12-MONTH PERIOD. A PERSON THAT
     2     VIOLATES THIS PARAGRAPH COMMITS A SUMMARY OFFENSE AND SHALL,
     3     UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $300.
     4         (2)  VENUE FOR PROSECUTION OF AN OFFENSE UNDER THIS
     5     SUBSECTION SHALL LIE AT ANY OF THE FOLLOWING PLACES:
     6             (I)  WHERE THE ALARM ORIGINATED.
     7             (II)  WHERE THE ALARM WAS RECEIVED BY THE:
     8                 (A)  PUBLIC SERVICE AGENCY; OR
     9                 (B)  THIRD PERSON DESIGNATED TO NOTIFY THE PUBLIC
    10             SERVICE AGENCY.
    11         (3)  DISPOSITION OF FINES SHALL BE AS FOLLOWS:
    12             (I)  THE FINE SHALL BE PAID TO THE MUNICIPALITY IF
    13         ALL OF THE FOLLOWING APPLY:
    14                 (A)  THE PUBLIC SAFETY AGENCY WHICH RESPONDED TO
    15             THE FALSE ALARM SERVES THE MUNICIPALITY.
    16                 (B)  THE PROSECUTION IS INITIATED BY THE PUBLIC
    17             SAFETY AGENCY UNDER CLAUSE (A) OR BY THE
    18             MUNICIPALITY.
    19                 (C)  THE OFFENSE IS PROSECUTED BY THE APPROPRIATE
    20             DISTRICT ATTORNEY.
    21             (II)  THE FINE SHALL BE PAID TO THE COMMONWEALTH IF
    22         ALL OF THE FOLLOWING APPLY:
    23                 (A)  THE PENNSYLVANIA STATE POLICE IS THE PUBLIC
    24             SAFETY AGENCY WHICH RESPONDED TO THE FALSE ALARM.
    25                 (B)  THE PROSECUTION IS INITIATED BY THE
    26             PENNSYLVANIA STATE POLICE.
    27                 (C)  THE OFFENSE IS PROSECUTED BY THE ATTORNEY
    28             GENERAL.
    29                 (D)  THERE IS NO PROSECUTION UNDER SUBPARAGRAPH
    30             (I).
    19970S0543B1862                  - 6 -

     1     (D)  SUSPENSION OR REVOCATION OF APPROVAL.--THE PUBLIC SAFETY
     2  AGENCY MAY REFUSE, REVOKE OR SUSPEND THE APPROVAL GRANTED UNDER
     3  SUBSECTION (A) IF THE PUBLIC SAFETY AGENCY DETERMINES ANY OF THE
     4  FOLLOWING:
     5         (1)  THE REQUEST FOR APPROVAL CONTAINS A STATEMENT OF
     6     MATERIAL OF FACT WHICH IS FALSE.
     7         (2)  THE PERSON FAILED TO COMPLY WITH THIS SECTION.
     8         (3)  THE PERSON VIOLATED SUBSECTION (C).
     9     (E)  LOCAL REGULATION OF INSTALLERS.--
    10         (1)  GENERAL RULE.--EXCEPT AS SET FORTH IN PARAGRAPH (2),
    11     NOTHING IN THIS SECTION SHALL PROHIBIT A MUNICIPALITY FROM
    12     REQUIRING ANY INDIVIDUAL WHO INSTALLS ALARMS IN SUCH
    13     MUNICIPALITY TO ACQUIRE A LICENSE, MEET EDUCATIONAL
    14     REQUIREMENTS OR PASS AN EXAMINATION RELATING TO COMPETENCE TO
    15     PERFORM SUCH INSTALLATIONS. NOTHING IN THIS SECTION SHALL
    16     PRECLUDE MUNICIPALITIES FROM DOING ANY OF THE FOLLOWING:
    17             (I)  DENYING OR REVOKING LOCAL PERMITS FOR FAILURE TO
    18         COMPLY WITH LOCAL ORDINANCES.
    19             (II)  LEVYING LAWFUL TAXES AND FEES.
    20             (III)  REQUIRING THE PURCHASE OF A BUSINESS PRIVILEGE
    21         LICENSE.
    22         (2)  LIMITATION.--A MUNICIPALITY MAY NOT REQUIRE A
    23     LICENSED ELECTRICAL CONTRACTOR TO ACQUIRE A SEPARATE OR
    24     ADDITIONAL LICENSE OR CERTIFICATION TO INSTALL ALARMS IF THE
    25     ELECTRICAL CONTRACTOR IS LICENSED BY THE MUNICIPALITY AND HAS
    26     PASSED AN EXAMINATION IN THE NATIONAL ELECTRICAL CODE, A
    27     SIMILAR CODE OR LOCAL ELECTRICAL CODE AND HAS AT LEAST TWO
    28     YEARS' EXPERIENCE AS AN ELECTRICAL CONTRACTOR.
    29     (F)  DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
    30  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    19970S0543B1862                  - 7 -

     1  SUBSECTION:
     2     "ALARM."  A COMMUNICATION TO A PUBLIC SAFETY AGENCY
     3  INDICATING THAT A CRIME, FIRE OR OTHER EMERGENCY WARRANTING
     4  IMMEDIATE ACTION BY THAT PUBLIC SAFETY AGENCY HAS OCCURRED OR IS
     5  OCCURRING.
     6     "ALARM DEVICE."  A DEVICE DESIGNED TO AUTOMATICALLY TRANSMIT
     7  AN ALARM:
     8         (1)  DIRECTLY TO A PUBLIC SAFETY AGENCY; OR
     9         (2)  TO A PERSON THAT IS INSTRUCTED TO NOTIFY THE PUBLIC
    10     SAFETY AGENCY OF THE ALARM.
    11     "AUTOMATIC DIALING DEVICE."  A DEVICE WHICH IS INTERCONNECTED
    12  TO A TELEPHONE LINE AND PREPROGRAMMED TO TRANSMIT THE CODED
    13  SIGNAL OF AN ALARM TO A DEDICATED TELEPHONE TRUNK LINE OR TO
    14  DIAL A PREDETERMINED TELEPHONE NUMBER TO AN ALARM TO A PUBLIC
    15  SAFETY AGENCY.
    16     "DEDICATED TELEPHONE TRUNK LINE."  A TELEPHONE LINE OR LINES
    17  WHICH SERVES A PUBLIC SAFETY AGENCY WHICH IS DEDICATED TO
    18  RECEIVING TRANSMISSIONS FROM AN AUTOMATIC DIALING DEVICE.
    19     "FALSE ALARM."  THE ACTIVATION OF AN ALARM DEVICE TO WHICH A
    20  PUBLIC SAFETY AGENCY RESPONDS WHEN A CRIME, FIRE OR OTHER
    21  EMERGENCY HAS NOT OCCURRED.
    22     "PERSON."  AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
    23  INCORPORATED ASSOCIATION OR OTHER SIMILAR ENTITY.
    24     "PUBLIC SAFETY AGENCY."  THE PENNSYLVANIA STATE POLICE OR ANY
    25  MUNICIPAL POLICE OR FIRE DEPARTMENT.
    26     Section 2 3 4.  This act shall take effect in 60 days.         <--



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