1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, <-in burglary and other criminal 
3intrusion, <-further providing for the offense of criminal 
4trespass; defining the offense of theft of secondary metal;
5and prescribing penalties<-; and, in firearms and other 
6dangerous articles, further providing for Pennsylvania State 
7Police and for limitation on the regulation of firearms and 

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

<-11Section 1. Title 18 of the Pennsylvania Consolidated
12Statutes is amended by adding a section to read:

<-13Section 1. Section 3503(b.1) of Title 18 of the Pennsylvania
14Consolidated Statutes is amended to read:

<-15Section 1. Section 3503(b.1) and (d) of Title 18 of the
16Pennsylvania Consolidated Statutes are amended to read:

17§ 3503. Criminal trespass.

18* * *

1(b.1) Simple trespasser.--

2(1) A person commits an offense if, knowing that he is
3not licensed or privileged to do so, he enters or remains in
4any place for the purpose of:

5(i) threatening or terrorizing the owner or occupant
6of the premises;

7(ii) starting or causing to be started any fire upon
8the premises; [or]

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

10(iv) unlawfully taking secondary metal from the

12(2) An offense under [this subsection] paragraph (1)(iv) 
13constitutes a first degree misdemeanor. An offense under 
14paragraph (1)(i), (ii) or (iii) constitutes a summary

16* * *

<-17(d) [Definition.--As used in this section, the term "school 
18grounds" means any] Definitions.--As used in this section, the 
19following words and phrases shall have the meanings given to 
20them in this subsection:

21"School grounds." Any building of or grounds of any
22elementary or secondary publicly funded educational institution,
23any elementary or secondary private school licensed by the
24Department of Education, any elementary or secondary parochial
25school, any certified day-care center or any licensed preschool

27"Secondary metal." As defined in section 3935 (relating to
28theft of secondary metal).

29Section 2. Title 18 is amended by adding a section to read:

30§ 3935. Theft of secondary metal.

1(a) Offense defined.--A person commits the offense of theft
2of secondary metal if the person unlawfully takes or attempts to
3take possession of, carries away or exercises unlawful control
4over any secondary metal with intent to deprive the rightful
5owner thereof.

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

7(1) An offense under this section constitutes a
8misdemeanor of the third degree when the value of the
9secondary metal unlawfully obtained is less than $50.

10(2) When the value of the secondary metal unlawfully
11obtained is $50 or more but less than $200 the offense
12constitutes a misdemeanor of the second degree.

13(3) When the value of the secondary metal unlawfully
14obtained is $200 or more but less than $1,000 the offense
15constitutes a misdemeanor of the first degree.

16(4) When the value of the secondary metal unlawfully
17obtained is $1,000 or more, the offense constitutes a felony
18of the third degree.

19(c) Third or subsequent offenses.--An offense under this
20section constitutes a felony of the third degree when the
21offense is a third or subsequent offense, regardless of the
22value of the secondary metal. For purposes of this subsection, a
23first and second offense includes a conviction, acceptance of
24Accelerated Rehabilitative Disposition or other form of
25preliminary disposition before the sentencing on the present
26violation for an offense under this section or an offense under
27section 3921 (relating to theft by unlawful taking or

29(d) Definition.--As used in this section, the term 
30"secondary metal" means wire, pipe or cable commonly used by

1communications, gas and electrical utilities and railroads and 
2mass transit or commuter rail agencies, copper, aluminum or 
3other metal, or a combination of metals, that is valuable for 
4recycling or reuse as raw material.

<-5Section 3. Section 6111.1(f)(3) and (g)(1) and (3) of Title
618 are amended to read:

7§ 6111.1. Pennsylvania State Police.

8* * *

9(f) Notification of mental health adjudication, treatment,
10commitment, drug use or addiction.--

11* * *

12(3) Notwithstanding any law to the contrary, the
13Pennsylvania State Police [may] shall, within 72 hours of 
14receipt, disclose, electronically or otherwise, to the United
15States Attorney General or a designee, any record relevant to
16a determination of whether a person is disqualified from
17possessing or receiving a firearm under 18 U.S.C. § 922 (g)
18(3) or (4) or an applicable state statute[.], and any record 
19relevant to a determination of whether a person is not 
20disqualified or is no longer disqualified from possessing or 
21receiving a firearm under 18 U.S.C. § 922(g)(3) or (4) or an 
22applicable state statute.

23(g) Review by court.--

24(1) Upon receipt of a copy of the order of a court of
25competent jurisdiction which vacates a final order or an
26involuntary certification issued by a mental health review
27officer, the Pennsylvania State Police shall, after 
28disclosing relevant records under subsection (f)(3), expunge
29all records of the involuntary treatment received under
30subsection (f).

1* * *

2(3) The Pennsylvania State Police, after disclosing 
3relevant records under subsection (f)(3), shall expunge all 
4records of an involuntary commitment of an individual who is 
5discharged from a mental health facility based upon the 
6initial review by the physician occurring within two hours of 
7arrival under section 302(b) of the Mental Health Procedures 
8Act and the physician's determination that no severe mental 
9disability existed pursuant to section 302(b) of the Mental 
10Health Procedures Act. The physician shall provide signed 
11confirmation of the determination of the lack of severe 
12mental disability following the initial examination under 
13section 302(b) of the Mental Health Procedures Act to the 
14Pennsylvania State Police.

15* * *

16Section 4. Section 6120(b) of Title 18 is amended and the
17section is amended by adding subsections to read:

18§ 6120. Limitation on the regulation of firearms and

20* * *

21(a.2) Relief.--A person adversely affected by an ordinance,
22a resolution, regulation, rule, practice or any other action
23promulgated or enforced by a county, municipality or township
24prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)
25(relating to limitation on municipal powers) may seek
26declaratory or injunctive relief and actual damages in an
27appropriate court.

28(a.3)  Reasonable expenses.--A court shall award reasonable
29expenses to a person adversely affected in an action under
30subsection (a.2) for any of the following:

1(1) A final determination by the court is granted in
2favor of the person adversely affected.

3(2) The regulation in question is rescinded, repealed or
4otherwise abrogated after suit has been filed under
5subsection (a.2) but before the final determination by the

7(b) Definitions.--As used in this section, the following
8words and phrases shall have the meanings given to them in this

10"Dealer." The term shall include any person engaged in the
11business of selling at wholesale or retail a firearm or

13"Firearms." This term shall have the meaning given to it in
14section 5515 (relating to prohibiting of paramilitary training)
15but shall not include air rifles as that term is defined in
16section 6304 (relating to sale and use of air rifles).

17"Person adversely affected."  Any of the following:

18(1)  A resident of this Commonwealth who may legally
19possess a firearm under Federal and State law.

20(2)  A person who otherwise has standing under the laws
21of this Commonwealth to bring an action under subsection

23(3) A membership organization, in which a member is a
24person described under paragraph (1) or (2).

25"Political subdivision." The term shall include any home
26rule charter municipality, county, city, borough, incorporated
27town, township or school district.

28"Reasonable expenses."  The term includes, but is not limited
29to, attorney fees, expert witness fees, court costs and
30compensation for loss of income.

1Section <-2 3 5. This act shall take effect in 60 days.