1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for burglary, for 
3robbery, for grading of theft offenses and for the offense of
4retail theft.

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

7Section 1. Sections 3502(c)(2), 3701(b) and <-3903 <-3903(a) and 
8(a.2) of Title 18 of the Pennsylvania Consolidated Statutes are
9amended to read:

10§ 3502. Burglary.

11* * *

12(c) Grading.--

13* * *

14(2) [An] As follows:

15(i) Except under subparagraph (ii), an offense under 
16subsection (a)(4) is a felony of the second degree.

17(ii) If the actor's intent upon entering the
18building, structure or portion under subparagraph (i) is

1to commit theft of a controlled substance or designer
2drug as those terms are defined in section 2 of the act
3of April 14, 1972 (P.L.233, No.64), known as The
4Controlled Substance, Drug, Device and Cosmetic Act,
5burglary is a felony of the first degree.

6* * *

7§ 3701. Robbery.

8* * *

9(b) Grading.--[Robbery]

10(1) Except as provided under paragraph (2), robbery
11under subsection (a)(1)(iv) and (vi) is a felony of the
12second degree; robbery under subsection (a)(1)(v) is a felony
13of the third degree; otherwise, it is a felony of the first
14degree.

15(2) If the object of a robbery under paragraph (1) is a
16controlled substance or designer drug as those terms are
17defined in section 2 of the act of April 14, 1972 (P.L.233,
18No.64), known as The Controlled Substance, Drug, Device and
19Cosmetic Act, robbery is a felony of the first degree.

20§ 3903. Grading of theft offenses.

21(a) Felony of the second degree.--Theft constitutes a felony
22of the second degree if:

23(1) The offense is committed during a manmade disaster,
24a natural disaster or a war-caused disaster and constitutes a
25violation of section 3921 (relating to theft by unlawful
26taking or disposition), 3925 (relating to receiving stolen
27property), 3928 (relating to unauthorized use of automobiles
28and other vehicles) or 3929 (relating to retail theft).

29(2) The property stolen is a firearm.

30(3) In the case of theft by receiving stolen property,

1the property received, retained or disposed of is a firearm.

2(4) The property stolen is any amount of anhydrous
3ammonia.

<-4(5) The property stolen is a controlled substance or
5designer drug as those terms are defined in section 2 of the
6act of April 14, 1972 (P.L.233, No.64), known as The
7Controlled Substance, Drug, Device and Cosmetic Act.

8(6) <-(5) The amount involved is $100,000 or more but less
9than $500,000.

<-10(a.1) Felony of the third degree.--Except as provided in
11subsection (a) or (a.2), theft constitutes a felony of the third
12degree if the amount involved exceeds $2,000, or if the property
13stolen is an automobile, airplane, motorcycle, motorboat or
14other motor-propelled vehicle, or in the case of theft by
15receiving stolen property, if the receiver is in the business of
16buying or selling stolen property.

<-17* * *

18(a.2) Felony of the first degree.--[Theft] Except as 
19provided in subsections (a) and (a.1), theft constitutes a
20felony of the first degree if[,]:

21(1) in the case of theft by receiving stolen property,
22the property received, retained or disposed of is a firearm
23and the receiver is in the business of buying or selling
24stolen property[.]; or

25(2) the amount involved is $500,000 or more.

<-26(b) Other grades.--Theft not within subsection (a), (a.1) or
27(a.2), constitutes a misdemeanor of the first degree, except
28that if the property was not taken from the person or by threat,
29or in breach of fiduciary obligation, and:

30(1) the amount involved was $50 or more but less than

1$200 the offense constitutes a misdemeanor of the second
2degree; or

3(2) the amount involved was less than $50 the offense
4constitutes a misdemeanor of the third degree.

5(c) Valuation.--The amount involved in a theft shall be
6ascertained as follows:

7(1) Except as otherwise specified in this section, value
8means the market value of the property at the time and place
9of the crime, or if such cannot be satisfactorily
10ascertained, the cost of replacement of the property within a
11reasonable time after the crime.

12(2) Whether or not they have been issued or delivered,
13certain written instruments, not including those having a
14readily ascertainable market value such as some public and
15corporate bonds and securities, shall be evaluated as
16follows:

17(i) The value of an instrument constituting an
18evidence of debt, such as a check, draft or promissory
19note, shall be deemed the amount due or collectible
20thereon or thereby, such figure ordinarily being the face
21amount of the indebtedness less any portion thereof which
22has been satisfied.

23(ii) The value of any other instrument which
24creates, releases, discharges or otherwise affects any
25valuable legal right, privilege or obligation shall be
26deemed the greatest amount of economic loss which the
27owner of the instrument might reasonably suffer by virtue
28of the loss of the instrument.

29(3) When the value of property cannot be satisfactorily
30ascertained pursuant to the standards set forth in paragraphs

1(1) and (2) of this subsection its value shall be deemed to
2be an amount less than $50. Amounts involved in thefts
3committed pursuant to one scheme or course of conduct,
4whether from the same person or several persons, may be
5aggregated in determining the grade of the offense.

6(c.1) Sentencing enhancement for theft of public funds or
7theft in breach of a fiduciary duty.--Notwithstanding section
81103 (relating to sentence of imprisonment for felony), the
9maximum term of imprisonment for an offense graded under this
10section may be increased by a term of imprisonment of up to five
11years when the theft is from a political subdivision, local
12authority or public or private charitable organization or when
13the theft constitutes a breach of fiduciary duty.

14(d) Definitions.--As used in this section, the following
15words and phrases shall have the meanings given to them in this
16subsection:

17"Charitable organization." As defined under section 3 of the
18act of December 19, 1990 (P.L.1200, No.202), known as the
19Solicitation of Funds for Charitable Purposes Act.

20"Manmade disaster." Any industrial, nuclear or
21transportation accident, explosion, conflagration, power
22failure, natural resource shortage or other condition, except
23enemy action, resulting from manmade causes, such as oil spills
24and other injurious environmental contamination, which threatens
25or causes substantial damage to property, human suffering,
26hardship or loss of life.

27"Natural disaster." Any hurricane, tornado, storm, flood,
28high water, wind-driven water, tidal wave, earthquake,
29landslide, mudslide, snowstorm, drought, fire, explosion or
30other catastrophe which results in substantial damage to

1property, hardship, suffering or possible loss of life.

2"War-caused disaster." Any condition following an attack
3upon the United States resulting in substantial damage to
4property or injury to persons in the United States caused by use
5of bombs, missiles, shellfire, nuclear, radiological, chemical
6or biological means, or other weapons or overt paramilitary
7actions, or other conditions such as sabotage.

<-8* * *

9Section 2. Section 3929(b)(1)(v) of Title 18 is amended and
10the section is amended by adding a subsection to read:

11§ 3929. Retail theft.

12* * *

13(b) Grading.--

14(1) Retail theft constitutes a:

15* * *

16(v) Felony of the third degree when the amount
17involved exceeds [$2,000] $1,000 or if the merchandise
18involved is a firearm or a motor vehicle.

19* * *

20(b.1) Calculation of prior offenses.--For the purposes of
21this section, in determining whether an offense is a first,
22second, third or subsequent offense, the court shall include a
23conviction, acceptance of accelerated rehabilitative disposition
24or other form of preliminary disposition, occurring before the
25sentencing on the present violation, for an offense under this
26section, an offense substantially similar to an offense under
27this section or under the prior laws of this Commonwealth or a
28similar offense under the statutes of any other state or of the
29United States.

30* * *

1Section 3. The amendment or addition of 18 Pa.C.S. §§
23502(c)(2), 3701(b), 3903 and 3929(b)(1)(v) shall apply to
3offenses committed on or after the effective date of this
4section.

5Section 4. The amendment of 18 Pa.C.S. §§ 3903 and 3929(b.1)
6shall apply to sentences imposed on or after the effective date
7of this section.

8Section 5. This act shall take effect in 60 days.