THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CLYMER, BARRAR, BEAR, BELFANTI, BOYD, BRENNAN, BROOKS, CAUSER, COHEN, CREIGHTON, DONATUCCI, D. EVANS, FABRIZIO, FLECK, GEIST, GIBBONS, HARKINS, HELM, HESS, M. KELLER, KILLION, KORTZ, MAJOR, MANN, MILLARD, MOUL, MURT, D. O'BRIEN, O'NEILL, PALLONE, PAYNE, PETRI, PHILLIPS, PICKETT, QUINN, RAPP, READSHAW, ROHRER, SCAVELLO, SIPTROTH, K. SMITH, STERN, STEVENSON, VULAKOVICH, WALKO, WATSON AND YOUNGBLOOD, FEBRUARY 23, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2009  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedures) of the Pennsylvania Consolidated

Statutes, further providing for arson and related offenses;

and providing for sentences for arson of a historic resource.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3301(h) and (j) of Title 18 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

§ 3301.  Arson and related offenses.

* * *

(a.1)  Arson of historic resource.--A person commits a felony

of the second degree if the person, with the intent of

destroying or damaging a historic resource of another, does any

of the following:

(1)  Intentionally starts a fire or causes an explosion,

whether on the person's own property or that of another.

(2)  Aids, counsels, pays or agrees to pay another to

cause a fire or explosion.

* * *

(h)  Limitations on liability.--The provisions of subsections

(a), (a.1), (b), (c), (d), (d.1) and (e) shall not be construed

to establish criminal liability upon any volunteer or paid

firefighter or volunteer or paid firefighting company or

association if said company or association endangers a

participating firefighter or real or personal property in the

course of an approved, controlled fire training program or fire

evolution, provided that said company or association has

complied with the following:

(1)  a sworn statement from the owner of any real or

personal property involved in such program or evolution that

there is no fire insurance policy or no lien or encumbrance

exists which applies to such real or personal property;

(2)  approval or permits from the appropriate local

government or State officials, if necessary, to conduct such

program or exercise have been received;

(3)  precautions have been taken so that the program or

evolution does not affect any other persons or real or

personal property; and

(4)  participation of firefighters in the program or

exercise if voluntary.

* * *

(j)  Definitions.--As used in this section the following

words and phrases shall have the meanings given to them in this

subsection:

"Historic resource."  A building or structure, including a

covered bridge, which meets any of the following:

(1)  Has been in existence for more than 100 years,

including partial or complete reconstructions of a building

or structure originally erected at least 100 years ago.

(2)  Has been listed on the National Register of Historic

Places or the Pennsylvania Register of Historic Places.

"Occupied structure."  Any structure, vehicle or place

adapted for overnight accommodation of persons or for carrying

on business therein, whether or not a person is actually

present. If a building or structure is divided into separately

occupied units, any unit not occupied by the actor is an

occupied structure of another.

"Property of another."  A building or other property, whether

real or personal, in which a person other than the actor has an

interest which the actor has no authority to defeat or impair,

even though the actor may also have an interest in the building

or property.

Section 2.  Title 42 is amended by adding a section to read:

§ 9720.3.  Sentences for arson of a historic resource.

(a)  Mandatory sentence.--Any person who commits a violation

of 18 Pa.C.S. § 3301(a.1) (relating to arson and related

offenses) shall be sentenced to a minimum sentence of at least

one year of total confinement.

(b)  Proof at sentencing.--Provisions of this section shall

not be an element of the crime, and notice of the provisions of

this section to the defendant shall not be required prior to

conviction, but reasonable notice of the Commonwealth's

intention to proceed under this section shall be provided after

conviction and before sentencing. The applicability of this

section shall be determined at sentencing. The court shall

consider any evidence presented at trial and shall afford the

Commonwealth and the defendant an opportunity to present any

necessary additional evidence and shall determine, by a

preponderance of the evidence, if this section is applicable.

(c)  Authority of court in sentencing.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (a) or to place the offender on probation or to

suspend sentence. Nothing in this section shall prevent the

sentencing court from imposing a sentence greater than that

provided in this section. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided under this section.

(d)  Appeal by Commonwealth.--If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.

Section 3.  This act shall take effect in 60 days.