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                                                        PRINTER'S NO. 41

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 28 Session of 2003


        INTRODUCED BY MUSTO, COSTA, LAVALLE, WAGNER, LOGAN, KITCHEN,
           LEMMOND, O'PAKE, MADIGAN AND STOUT, JANUARY 23, 2003

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 23, 2003


                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, prohibiting the unauthorized taking of
     3     newspapers from municipal recycling containers placed for
     4     collection.

     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  § 3935.  Theft from municipal recycling containers.
    10     (a)  Offense defined.--A person commits a summary offense if
    11  the person, without prior authorization to do so, removes any
    12  newspapers that other persons have sorted, bundled or baled for
    13  recycling or placed in a municipal recycling container of
    14  another person for collection by a municipality.
    15     (b)  Penalty.--A person who commits an offense under this
    16  section shall be sentenced to pay a fine of not more than $300
    17  or, in the alternative and at the discretion of the court, to
    18  perform community service for not fewer than eight hours nor


     1  more than 16 hours.
     2     (c)  Definition.--As used in this section, the term
     3  "municipal recycling container" means a container that is owned
     4  by a municipality or a party under a contract with a
     5  municipality and is clearly marked as to ownership and supplied
     6  to a person for the deposit of newspapers and other materials to
     7  be collected.
     8     Section 2.  This act shall take effect in 60 days.















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