SENATE AMENDED PRIOR PRINTER'S NOS. 215, 1072, 1177 PRINTER'S NO. 3115
No. 213 Session of 2005
INTRODUCED BY GODSHALL, BALDWIN, BELFANTI, BENNINGHOFF, BUNT, CRAHALLA, CREIGHTON, DENLINGER, FRANKEL, GERGELY, GOODMAN, HERSHEY, HESS, HUTCHINSON, LEDERER, LEH, R. MILLER, S. MILLER, PICKETT, SEMMEL, STABACK, STERN, TANGRETTI, YOUNGBLOOD AND CAUSER, FEBRUARY 2, 2005
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, NOVEMBER 15, 2005
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, FURTHER PROVIDING FOR AGRICULTURAL CROP <-- 4 DESTRUCTION; AND adding an offense and a civil action 5 relating to ecoterrorism. 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 3310 OF TITLE 18 OF THE PENNSYLVANIA <-- 11 CONSOLIDATED STATUTES IS AMENDED TO READ: 12 § 3310. AGRICULTURAL CROP DESTRUCTION. 13 (A) OFFENSES DEFINED.--A PERSON COMMITS A FELONY OF THE 14 SECOND DEGREE IF HE INTENTIONALLY AND KNOWINGLY DAMAGES ANY 15 FIELD CROP, VEGETABLE OR FRUIT PLANT OR TREE THAT IS GROWN, 16 STORED OR RAISED FOR SCIENTIFIC OR COMMERCIAL PURPOSES OR FOR 17 ANY TESTING OR RESEARCH PURPOSE IN CONJUNCTION WITH A PUBLIC OR
1 PRIVATE RESEARCH FACILITY OR A UNIVERSITY OR ANY FEDERAL, STATE 2 OR LOCAL GOVERNMENT AGENCY. 3 (B) RESTITUTION[; COSTS AND FEES].--ANY PERSON CONVICTED OF 4 VIOLATING THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY 5 IMPOSED, BE SENTENCED TO PAY THE OWNER OF THE DAMAGED FIELD 6 CROPS, VEGETABLE OR FRUIT PLANTS OR TREES RESTITUTION[, ATTORNEY 7 FEES AND COURT COSTS]. RESTITUTION SHALL BE IN AN AMOUNT EQUAL 8 TO THE COST OF THE FINANCIAL DAMAGES INCURRED AS A RESULT OF THE 9 OFFENSE, INCLUDING THE FOLLOWING: 10 (1) VALUE OF THE DAMAGED CROP. 11 (2) DISPOSAL OF THE DAMAGED CROP. 12 (3) CLEANUP OF THE PROPERTY. 13 (4) LOST REVENUE FOR THE AGGRIEVED OWNER OF THE DAMAGED 14 CROP. 15 (C) EXCEPTIONS.--THE PROVISIONS OF THIS SECTION SHALL NOT 16 APPLY TO FIELD CROPS, VEGETABLE OR FRUIT PLANTS OR TREES DAMAGED 17 THROUGH RESEARCH OR NORMAL COMMERCIAL ACTIVITY. 18 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: 19 § 3311. Ecoterrorism. 20 (a) General rule.--A person is guilty of ecoterrorism if the 21 person commits an A SPECIFIED offense against property intending <-- 22 to do any of the following: 23 (1) Intimidate or coerce an individual lawfully: 24 (i) participating in an activity involving animals, <-- 25 PLANTS or an activity involving natural resources; or 26 (ii) using an animal, PLANT or natural resource <-- 27 facility. 28 (2) Prevent or obstruct an individual from lawfully: 29 (i) participating in an activity involving animals, <-- 30 PLANTS or an activity involving natural resources; or 20050H0213B3115 - 2 -
1 (ii) using an animal, PLANT or natural resource <-- 2 facility. 3 (b) Grading and penalty.-- 4 (1) If the SPECIFIED offense against property is a <-- 5 summary offense, an offense under this section shall be 6 classified as a misdemeanor of the third degree. 7 (2) If the SPECIFIED offense against property is a <-- 8 misdemeanor or a felony of the third or second degree, an 9 offense under this section shall be classified one degree 10 higher than the classification of the SPECIFIED offense <-- 11 against property specified in section 106 (relating to 12 classes of offenses). 13 (3) If the SPECIFIED offense against property is a <-- 14 felony of the first degree, a person convicted of an offense 15 under this section shall be sentenced to a term of 16 imprisonment fixed by the court at not more than 40 years and 17 may be sentenced to pay a fine of not more than $100,000. 18 (c) Restitution; costs and fees.--Any person convicted of <-- 19 violating this section shall, in addition to any other penalty 20 imposed, be sentenced to pay the owner of any damaged property, 21 which resulted from the violation, restitution, attorney fees <-- 22 and court costs. Restitution shall be in an amount up to triple 23 the value of the property damages incurred as a result of the 24 SPECIFIED offense against property. In ordering restitution <-- 25 pursuant to this subsection, the court shall consider as part of 26 the value of the damaged property the market value of the 27 property prior to the violation and the production, research, 28 testing, replacement and development costs directly related to 29 the property that was the subject of the specified offense. 30 (c.1) Immunity.--A person who exercises the right of 20050H0213B3115 - 3 -
1 petition or free speech under the United States Constitution or 2 the Constitution of Pennsylvania on public property or with the 3 permission of the landowner where the person is peaceably 4 demonstrating or peaceably pursuing his constitutional rights 5 shall be immune from prosecution for these actions under this 6 section or from civil liability under 42 Pa.C.S. § 8317 7 (relating to ecoterrorism). 8 (d) Definitions.--As used in this section, the following 9 words as phrases shall have the meanings given to them in this 10 subsection: 11 "Activity involving animals OR PLANTS." A lawful activity <-- 12 involving the use of animals or, animal parts OR PLANTS, <-- 13 including any of the following: 14 (1) Activities authorized under 30 Pa.C.S. (relating to 15 fish) and 34 Pa.C.S. (relating to game). 16 (2) Activities authorized under the act of December 7, 17 1982 (P.L.784, No.225), known as the Dog Law. 18 (3) Food production, processing and preparation. 19 (4) Clothing manufacturing and distribution. 20 (5) Entertainment and recreation. 21 (6) Research, teaching and testing. 22 (7) PROPAGATION, PRODUCTION, SALE, USE OR POSSESSION OF <-- 23 LEGAL PLANTS. 24 (7) (8) Agricultural activity and farming as defined in <-- 25 section 3309 (relating to agricultural vandalism). 26 "Activity involving natural resources." A lawful activity 27 involving the use of a natural resource with an economic value, 28 including any of the following: 29 (1) Mining, foresting, harvesting or processing natural 30 resources. 20050H0213B3115 - 4 -
1 (2) The sale, loan or lease of products which requires 2 the use of natural resources. 3 "Animal, PLANT or natural resource facility." A vehicle, <-- 4 building, structure or other premises: 5 (1) where an animal, PLANT or natural resource is <-- 6 lawfully housed, exhibited or offered for sale; or 7 (2) which is used for scientific purposes involving 8 animals, PLANTS or natural resources, including research, <-- 9 teaching and testing. 10 "Offense against property." An offense under Article C of <-- 11 Part II (relating to offenses against property). 12 "SPECIFIED OFFENSE AGAINST PROPERTY." ANY OF THE FOLLOWING <-- 13 OFFENSES: 14 SECTION 3301(A), (C), (D), (D.1) AND (F) (RELATING TO 15 ARSON AND RELATED OFFENSES). 16 SECTION 3302 (RELATING TO CAUSING OR RISKING 17 CATASTROPHE). 18 SECTION 3304 (RELATING TO CRIMINAL MISCHIEF). 19 SECTION 3307 (RELATING TO INSTITUTIONAL VANDALISM). 20 SECTION 3309 (RELATING TO AGRICULTURAL VANDALISM). 21 SECTION 3310 (RELATING TO AGRICULTURAL CROP DESTRUCTION). 22 SECTION 3502 (RELATING TO BURGLARY) BUT ONLY IF THE ACTOR 23 COMMITS THE CRIME FOR THE PURPOSE OF COMMITTING ONE OF THE 24 OTHER OFFENSES LISTED IN THIS DEFINITION. 25 SECTION 3503 (RELATING TO CRIMINAL TRESPASS) BUT ONLY IF 26 THE ACTOR COMMITS THE CRIME FOR THE PURPOSE OF THREATENING OR 27 TERRORIZING THE OWNER OR OCCUPANT OF THE PREMISES, STARTING 28 OR CAUSING TO BE STARTED ANY FIRE UPON THE PREMISES, OR 29 DEFACING OR DAMAGING THE PREMISES. 30 SECTION 3921 (RELATING TO THEFT BY UNLAWFUL TAKING OR 20050H0213B3115 - 5 -
1 DISPOSITION). 2 SECTION 3922 (RELATING TO THEFT BY DECEPTION). 3 SECTION 4101 (RELATING TO FORGERY). 4 SECTION 4120 (RELATING TO IDENTITY THEFT). 5 Section 2 3. Title 42 is amended by adding a section to <-- 6 read: 7 § 8317. Ecoterrorism. 8 (a) Civil action and relief.--An individual aggrieved by the 9 offense of ecoterrorism, as defined in 18 Pa.C.S. § 3311(a) 10 (relating to ecoterrorism), may in a civil action in any court 11 of competent jurisdiction obtain appropriate relief, including 12 compensatory and punitive damages, reasonable investigative 13 expenses and reasonable attorney fees and other costs associated 14 with the litigation. Upon a showing of cause for the issuance of 15 injunctive relief, a court may issue temporary restraining 16 orders, preliminary injunctions and permanent injunctions as may 17 be appropriate under this section. During any period that an 18 action under this section is pending, a court may order the 19 cessation of the activity forming the basis of the complaint. 20 (b) Valuations.--In awarding damages under this section, a 21 court shall consider the market value of the property prior to 22 damage and production, research, testing, replacement and 23 development costs directly related to the property that has been 24 damaged as part of the value of the property as well as damage 25 to any records, data and data-gathering equipment or devices. 26 (c) Limitations.--Damages recovered under this section shall 27 be limited to triple the market value of the property prior to 28 damage and actual damages involving production, research, 29 testing, replacement and development costs directly related to 30 the property that has been damaged. 20050H0213B3115 - 6 -
1 Section 3 4. This act shall take effect in 60 days. <--
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