1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, further providing for arson and related offenses;
4and providing for sentences for arson of a historic resource.

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

7Section 1. Section 3301(h) and (j) of Title 18 of the
8Pennsylvania Consolidated Statutes are amended and the section
9is 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
13of the second degree if the person, with the intent of
14destroying or damaging a historic resource of another, does any
15of the following:

16(1) Intentionally starts a fire or causes an explosion,
17whether on the person's own property or that of another.

1(2) Aids, counsels, pays or agrees to pay another to
2cause a fire or explosion.

3* * *

4(h) Limitations on liability.--The provisions of subsections
5(a), (a.1), (b), (c), (d), (d.1) and (e) shall not be construed
6to establish criminal liability upon any volunteer or paid
7firefighter or volunteer or paid firefighting company or
8association if said company or association endangers a
9participating firefighter or real or personal property in the
10course of an approved, controlled fire training program or fire
11evolution, provided that said company or association has
12complied with the following:

13(1) a sworn statement from the owner of any real or
14personal property involved in such program or evolution that
15there is no fire insurance policy or no lien or encumbrance
16exists which applies to such real or personal property;

17(2) approval or permits from the appropriate local
18government or State officials, if necessary, to conduct such
19program or exercise have been received;

20(3) precautions have been taken so that the program or
21evolution does not affect any other persons or real or
22personal property; and

23(4) participation of firefighters in the program or
24exercise if voluntary.

25* * *

26(j) Definitions.--As used in this section the following
27words and phrases shall have the meanings given to them in this
28subsection:

29"Historic resource." A building or structure, including a
30covered bridge, which meets any of the following:

1(1) Has been in existence for more than 100 years,
2including partial or complete reconstructions of a building
3or structure originally erected at least 100 years ago.

4(2) Has been listed on the National Register of Historic
5Places or the Pennsylvania Register of Historic Places.

6"Occupied structure." Any structure, vehicle or place
7adapted for overnight accommodation of persons or for carrying
8on business therein, whether or not a person is actually
9present. If a building or structure is divided into separately
10occupied units, any unit not occupied by the actor is an
11occupied structure of another.

12"Property of another." A building or other property, whether
13real or personal, in which a person other than the actor has an
14interest which the actor has no authority to defeat or impair,
15even though the actor may also have an interest in the building
16or property.

17Section 2. Title 42 is amended by adding a section to read:

18§ 9720.5. Sentences for arson of a historic resource.

19(a) Mandatory sentence.--Any person who commits a violation 
20of 18 Pa.C.S. § 3301(a.1) (relating to arson and related 
21offenses) shall be sentenced to a minimum sentence of at least 
22one year of total confinement.

23(b) Proof at sentencing.--Provisions of this section shall
24not be an element of the crime, and notice of the provisions of
25this section to the defendant shall not be required prior to
26conviction, but reasonable notice of the Commonwealth's
27intention to proceed under this section shall be provided after
28conviction and before sentencing. The applicability of this
29section shall be determined at sentencing. The court shall
30consider any evidence presented at trial and shall afford the

1Commonwealth and the defendant an opportunity to present any
2necessary additional evidence and shall determine, by a
3preponderance of the evidence, if this section is applicable.

4(c) Authority of court in sentencing.--There shall be no
5authority in any court to impose on an offender to which this
6section is applicable any lesser sentence than provided for in
7subsection (a) or to place the offender on probation or to
8suspend sentence. Nothing in this section shall prevent the
9sentencing court from imposing a sentence greater than that
10provided in this section. Sentencing guidelines promulgated by
11the Pennsylvania Commission on Sentencing shall not supersede
12the mandatory sentences provided under this section.

13(d) Appeal by Commonwealth.--If a sentencing court refuses
14to apply this section where applicable, the Commonwealth shall
15have the right to appellate review of the action of the
16sentencing court. The appellate court shall vacate the sentence
17and remand the case to the sentencing court for imposition of a
18sentence in accordance with this section if it finds that the
19sentence was imposed in violation of this section.

20Section 3. This act shall take effect in 60 days.