PRINTER'S NO. 2046
No. 1607 Session of 2007
INTRODUCED BY CLYMER, ARGALL, BAKER, BELFANTI, BEYER, BOBACK, BOYD, CREIGHTON, DONATUCCI, FABRIZIO, FLECK, FREEMAN, GEIST, GILLESPIE, GINGRICH, HERSHEY, HESS, M. KELLER, KILLION, KIRKLAND, KORTZ, MAJOR, MANN, MARSHALL, MENSCH, MOUL, MOYER, MURT, MYERS, NAILOR, O'NEILL, PALLONE, PAYNE, PHILLIPS, PICKETT, RAPP, READSHAW, ROHRER, RUBLEY, SAYLOR, STEIL, STERN, TANGRETTI, THOMAS, TRUE, VULAKOVICH, WALKO, WATSON, J. WHITE AND YOUNGBLOOD, JUNE 21, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 21, 2007
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedures) of the Pennsylvania Consolidated 3 Statutes, further providing for arson and related offenses; 4 and providing for sentences for arson of a historic resource. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 3301(h) and (j) of Title 18 of the 8 Pennsylvania Consolidated Statutes are amended and the section 9 is amended by adding a subsection to read: 10 § 3301. Arson and related offenses. 11 * * * 12 (a.1) Arson of historic resource.--A person commits a felony 13 of the second degree if the person, with the intent of 14 destroying or damaging a historic resource of another, does any 15 of the following: 16 (1) Intentionally starts a fire or causes an explosion,
1 whether on the person's own property or that of another. 2 (2) Aids, counsels, pays or agrees to pay another to 3 cause a fire or explosion. 4 * * * 5 (h) Limitations on liability.--The provisions of subsections 6 (a), (a.1), (b), (c), (d), (d.1) and (e) shall not be construed 7 to establish criminal liability upon any volunteer or paid 8 firefighter or volunteer or paid firefighting company or 9 association if said company or association endangers a 10 participating firefighter or real or personal property in the 11 course of an approved, controlled fire training program or fire 12 evolution, provided that said company or association has 13 complied with the following: 14 (1) a sworn statement from the owner of any real or 15 personal property involved in such program or evolution that 16 there is no fire insurance policy or no lien or encumbrance 17 exists which applies to such real or personal property; 18 (2) approval or permits from the appropriate local 19 government or State officials, if necessary, to conduct such 20 program or exercise have been received; 21 (3) precautions have been taken so that the program or 22 evolution does not affect any other persons or real or 23 personal property; and 24 (4) participation of firefighters in the program or 25 exercise if voluntary. 26 * * * 27 (j) Definitions.--As used in this section the following 28 words and phrases shall have the meanings given to them in this 29 subsection: 30 "Historic resource." A building or structure, including a 20070H1607B2046 - 2 -
1 covered bridge, which meets any of the following: 2 (1) Has been in existence for more than 100 years, 3 including partial or complete reconstructions of a building 4 or structure originally erected at least 100 years ago. 5 (2) Has been listed on the National Register of Historic 6 Places or the Pennsylvania Register of Historic Places. 7 "Occupied structure." Any structure, vehicle or place 8 adapted for overnight accommodation of persons or for carrying 9 on business therein, whether or not a person is actually 10 present. If a building or structure is divided into separately 11 occupied units, any unit not occupied by the actor is an 12 occupied structure of another. 13 "Property of another." A building or other property, whether 14 real or personal, in which a person other than the actor has an 15 interest which the actor has no authority to defeat or impair, 16 even though the actor may also have an interest in the building 17 or property. 18 Section 2. Title 42 is amended by adding a section to read: 19 § 9720.3. Sentences for arson of a historic resource. 20 (a) Mandatory sentence.--Any person who commits a violation 21 of 18 Pa.C.S. § 3301(a.1) (relating to arson and related 22 offenses) shall be sentenced to a minimum sentence of at least 23 one year of total confinement. 24 (b) Proof at sentencing.--Provisions of this section shall 25 not be an element of the crime, and notice of the provisions of 26 this section to the defendant shall not be required prior to 27 conviction, but reasonable notice of the Commonwealth's 28 intention to proceed under this section shall be provided after 29 conviction and before sentencing. The applicability of this 30 section shall be determined at sentencing. The court shall 20070H1607B2046 - 3 -
1 consider any evidence presented at trial and shall afford the 2 Commonwealth and the defendant an opportunity to present any 3 necessary additional evidence and shall determine, by a 4 preponderance of the evidence, if this section is applicable. 5 (c) Authority of court in sentencing.--There shall be no 6 authority in any court to impose on an offender to which this 7 section is applicable any lesser sentence than provided for in 8 subsection (a) or to place the offender on probation or to 9 suspend sentence. Nothing in this section shall prevent the 10 sentencing court from imposing a sentence greater than that 11 provided in this section. Sentencing guidelines promulgated by 12 the Pennsylvania Commission on Sentencing shall not supersede 13 the mandatory sentences provided under this section. 14 (d) Appeal by Commonwealth.--If a sentencing court refuses 15 to apply this section where applicable, the Commonwealth shall 16 have the right to appellate review of the action of the 17 sentencing court. The appellate court shall vacate the sentence 18 and remand the case to the sentencing court for imposition of a 19 sentence in accordance with this section if it finds that the 20 sentence was imposed in violation of this section. 21 Section 3. This act shall take effect in 60 days. F1L18MSP/20070H1607B2046 - 4 -