PRINTER'S NO. 1059
No. 951 Session of 1999
INTRODUCED BY SCHRODER, BARD, BROWNE, CIVERA, L. I. COHEN,
DALLY, FAIRCHILD, FICHTER, GODSHALL, HARHAI, HARHART,
HENNESSEY, MARSICO, READSHAW, RUBLEY, SAINATO, SANTONI,
SEYFERT, B. SMITH, STABACK, STERN, E. Z. TAYLOR, THOMAS,
TRELLO AND WILLIAMS, MARCH 22, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 1999
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, defining the offense of bomb threats; further
4 defining "delinquent act"; prescribing a penalty; and making
5 a repeal.
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 § 2715. Bomb threats.
11 (a) Offense defined.--A person who intentionally:
12 (1) places or sets a bomb or other explosive;
13 (2) causes the placement or setting of a bomb or other
14 explosive;
15 (3) reports without factual basis of knowledge the
16 existence or potential existence of a bomb or other
17 explosive; or
18 (4) threatens by any means the placement or setting of a
1 bomb or other explosive;
2 commits an offense under this section. A separate offense shall
3 occur for each placement or setting of a bomb or other explosive
4 or each threat to place or set a bomb or other explosive.
5 (b) Penalty.--An offense under this section shall be graded
6 as follows:
7 (1) a felony of the third degree for a first offense;
8 (2) a felony of the third degree punishable by a
9 mandatory minimum term of imprisonment of six months for a
10 second offense; or
11 (3) a felony of the third degree punishable by a
12 mandatory minimum term of imprisonment of one year for a
13 third or subsequent offense.
14 (c) Emergency response costs.--In addition to any fines,
15 fees, costs or restitution provided for by law, the court may
16 order a person convicted under this section to reimburse the
17 State, county or municipal corporation for the costs incurred
18 incident to a bomb threat for emergency response resources
19 reasonably necessary to protect life and property.
20 (d) Proof at sentencing.--The provisions of this subsection
21 shall not be an element of the crime and notice thereof to the
22 defendant shall not be required prior to conviction, but
23 reasonable notice of the Commonwealth's intention to proceed
24 under subsection (b)(2) or (3) shall be provided after
25 conviction and before sentencing. The applicability of
26 subsection (b)(2) or (3) shall be determined at sentencing. The
27 court shall consider any evidence presented at trial and shall
28 afford the Commonwealth and the defendant an opportunity to
29 present any necessary additional evidence and shall determine,
30 by a preponderance of the evidence, if subsection (b)(2) or (3)
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1 is applicable.
2 (e) Authority of court in sentencing.--There shall be no
3 authority in any court to impose on an offender to which this
4 section is applicable any lesser sentence than provided for in
5 subsection (b)(2) or (3) or to place such offender on probation
6 or to suspend sentence. Nothing in this section shall prevent
7 the sentencing court from imposing a sentence greater than that
8 provided in this section. Sentencing guidelines promulgated by
9 the Pennsylvania Commission on Sentencing shall not supersede
10 the mandatory sentences provided in this subsection.
11 (f) Appeal by Commonwealth.--If a sentencing court refuses
12 to apply subsection (b)(2) or (3) where applicable, the
13 Commonwealth shall have the right to appellate review of the
14 action of the sentencing court. The appellate court shall vacate
15 the sentence and remand the case to the sentencing court for
16 imposition of a sentence in accordance with subsection (b)(2) or
17 (3) if it finds that the sentence was imposed in violation of
18 the respective paragraph.
19 Section 2. The definition of "delinquent act" in section
20 6302 of Title 42 is amended to read:
21 § 6302. Definitions.
22 The following words and phrases when used in this chapter
23 shall have, unless the context clearly indicates otherwise, the
24 meanings given to them in this section:
25 * * *
26 "Delinquent act."
27 (1) The term means an act designated a crime under the
28 law of this Commonwealth, or of another state if the act
29 occurred in that state, or under Federal law, or under local
30 ordinances or an act which constitutes indirect criminal
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1 contempt under 23 Pa.C.S. Ch. 61 (relating to protection from
2 abuse).
3 (2) The term shall not include:
4 (i) The crime of murder.
5 (ii) Any of the following prohibited conduct where
6 the child was 15 years of age or older at the time of the
7 alleged conduct and a deadly weapon as defined in 18
8 Pa.C.S. § 2301 (relating to definitions) was used during
9 the commission of the offense which, if committed by an
10 adult, would be classified as:
11 (A) Rape as defined in 18 Pa.C.S. § 3121
12 (relating to rape).
13 (B) Involuntary deviate sexual intercourse as
14 defined in 18 Pa.C.S. § 3123 (relating to involuntary
15 deviate sexual intercourse).
16 (C) Aggravated assault as defined in 18 Pa.C.S.
17 § 2702(a)(1) or (2) (relating to aggravated assault).
18 (D) Robbery as defined in 18 Pa.C.S. §
19 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
20 (E) Robbery of motor vehicle as defined in 18
21 Pa.C.S. § 3702 (relating to robbery of motor
22 vehicle).
23 (F) Aggravated indecent assault as defined in 18
24 Pa.C.S. § 3125 (relating to aggravated indecent
25 assault).
26 (G) Kidnapping as defined in 18 Pa.C.S. § 2901
27 (relating to kidnapping).
28 (H) Voluntary manslaughter.
29 (I) An attempt, conspiracy or solicitation to
30 commit murder or any of these crimes as provided in
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1 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
2 (relating to criminal solicitation) and 903 (relating
3 to criminal conspiracy).
4 (iii) Any of the following prohibited conduct where
5 the child was 15 years of age or older at the time of the
6 alleged conduct and has been previously adjudicated
7 delinquent of any of the following prohibited conduct
8 which, if committed by an adult, would be classified as:
9 (A) Rape as defined in 18 Pa.C.S. § 3121.
10 (B) Involuntary deviate sexual intercourse as
11 defined in 18 Pa.C.S. § 3123.
12 (C) Robbery as defined in 18 Pa.C.S. §
13 3701(a)(1)(i), (ii) or (iii).
14 (D) Robbery of motor vehicle as defined in 18
15 Pa.C.S. § 3702.
16 (E) Aggravated indecent assault as defined in 18
17 Pa.C.S. § 3125.
18 (F) Kidnapping as defined in 18 Pa.C.S. § 2901.
19 (G) Voluntary manslaughter.
20 (H) An attempt, conspiracy or solicitation to
21 commit murder or any of these crimes as provided in
22 18 Pa.C.S. §§ 901, 902 and 903.
23 (iv) Summary offenses, unless the child fails to
24 comply with a lawful sentence imposed thereunder, in
25 which event notice of such fact shall be certified to the
26 court.
27 (v) A crime committed by a child who has been found
28 guilty in a criminal proceeding for other than a summary
29 offense.
30 (vi) A third or subsequent offense under 18 Pa.C.S.
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1 § 2715 (relating to bomb threats) where the child was 15
2 years of age or older at the time of the alleged conduct.
3 * * *
4 Section 3. Section 329.1 of the act of June 24, 1939
5 (P.L.872, No.375), known as The Penal Code, is repealed.
6 Section 4. This act shall take effect in 60 days.
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