1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, <-further providing for the offense of 
3criminal trespass; defining the offense of theft of secondary
4metal; and prescribing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

<-7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

<-9Section 1. Section 3503(b.1) of Title 18 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 3503. Criminal trespass.

12* * *

13(b.1) Simple trespasser.--

14(1) A person commits an offense if, knowing that he is
15not licensed or privileged to do so, he enters or remains in
16any place for the purpose of:

1(i) threatening or terrorizing the owner or occupant
2of the premises;

3(ii) starting or causing to be started any fire upon
4the premises; [or]

5(iii) defacing or damaging the premises[.]; or

6(iv) unlawfully taking secondary metal from the
7premises.

8(2) An offense under [this subsection] paragraph (1)(iv) 
9constitutes a first degree misdemeanor. An offense under 
10paragraph (1)(i), (ii) or (iii) constitutes a summary
11offense.

12* * *

13Section 2. Title 18 is amended by adding a section to read:

14§ 3935. Theft of secondary metal.

15(a) Offense defined.--A person commits the offense of theft
16of secondary metal if the person unlawfully takes or attempts to
17take possession of, carries away or exercises unlawful control
18over any secondary metal with intent to deprive the rightful
19owner thereof.

20(b) Grading.--Except as set forth in subsection (c):

21(1) An offense under this section constitutes a
22misdemeanor of the third degree when the value of the
23secondary metal unlawfully obtained is less than $50.

24(2) When the value of the secondary metal unlawfully
25obtained is $50 or more but less than $200 the offense
26constitutes a misdemeanor of the second degree.

27(3) When the value of the secondary metal unlawfully
28obtained is $200 or more but less than $1,000 the offense
29constitutes a misdemeanor of the first degree.

30(4) When the value of the secondary metal unlawfully

1obtained is $1,000 or more, the offense constitutes a felony
2of the third degree.

3(c) Third or subsequent offenses.--An offense under this
4section constitutes a felony of the third degree when the
5offense is a third or subsequent offense, regardless of the
6value of the secondary metal. For purposes of this subsection, a
7first and second offense includes a conviction, acceptance of
8Accelerated Rehabilitative Disposition or other form of
9preliminary disposition before the sentencing on the present
10violation for an offense under this section or an offense under
11section 3921 (relating to theft by unlawful taking or
12disposition).

13(d) Definition.--As used in this section, the term 
14"secondary metal" means wire, pipe or cable commonly used by 
15communications, gas and electrical utilities and railroads and 
16mass transit or commuter rail agencies, copper, aluminum or 
17other metal, or a combination of metals, that is valuable for 
18recycling or reuse as raw material.

19Section <-2 3. This act shall take effect in 60 days.