1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, <-in inchoate crimes, further providing for
4possession of firearm or other dangerous weapon in court
5facility<-,; in arson, criminal mischief and other property 
6destruction, further providing for arson and related offenses
<-7and; in sentencing, further providing for sentences for
8second and subsequent offenses; and providing for sentencing
9for arson offenses.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 913(f) of Title 18 of the Pennsylvania
13Consolidated Statutes is amended to read:

14§ 913. Possession of firearm or other dangerous weapon in court
15facility.

16* * *

17(f) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection:

20"Court facility." The courtroom of a court of record; a
 

1courtroom of a community court; the courtroom of a magisterial 
2district judge; a courtroom of the Philadelphia Municipal Court; 
3a courtroom of the Pittsburgh Magistrates Court; a courtroom of 
4the Traffic Court of Philadelphia; judge's chambers; witness 
5rooms; jury deliberation rooms; attorney conference rooms; 
6prisoner holding cells; offices of court clerks, the district 
7attorney, the sheriff and probation and parole officers; and any 
8adjoining corridors.

9"Dangerous weapon." A bomb, any explosive or incendiary 
10device or material when possessed with intent to use or to 
11provide such device or material to commit any offense <-described 
12in Chapter 33 (relating to arson, criminal mischief and other 
13property destruction), <-graded as a misdemeanor of the third 
14degree or higher, grenade, blackjack, sandbag, metal knuckles, 
15dagger, knife (the blade of which is exposed in an automatic way 
16by switch, push-button, spring mechanism or otherwise) or other 
17implement for the infliction of serious bodily injury which 
18serves no common lawful purpose.

19"Firearm." Any weapon, including a starter gun, which will 
20or is designed to expel a projectile or projectiles by the 
21action of an explosion, expansion of gas or escape of gas. The 
22term does not include any device designed or used exclusively 
23for the firing of stud cartridges, explosive rivets or similar 
24industrial ammunition.

25Section 2. Section 3301(b) and (f) of Title 18 are amended
26and the section is amended by adding a subsection to read:

27§ 3301. Arson and related offenses.

28* * *

29(a.1) Aggravated arson.--

30(1) A person commits a felony of the first degree if he
 

1intentionally starts a fire or causes an explosion, or if he 
2aids, counsels, pays or agrees to pay another to cause a fire 
3or explosion, whether on his own property or on that of 
4another, and if:

5(i) he attempts to cause, or intentionally,
6knowingly or recklessly causes bodily injury to another
7person, including, but not limited to, a firefighter,
8police officer or other person actively engaged in
9fighting the fire; or

10(ii) he commits the offense when a person is present 
11inside the property at the time of the offense.

12(2) A person who commits aggravated arson is guilty of
13murder of the second degree if the fire or explosion causes
14the death of any person, including, but not limited to, a
15firefighter, police officer or other person actively engaged
16in fighting the fire.

17(b) Sentence.--[A person convicted of violating the]

18(1) A person convicted of violating the provisions of
19subsection (a)(2), murder of the first degree, shall be
20sentenced to death or life imprisonment without right to
21parole; a person convicted of murder of the second degree,
22pursuant to subsection (a)(2), shall be sentenced to life
23imprisonment without right to parole. Notwithstanding
24provisions to the contrary, no language herein shall infringe
25upon the inherent powers of the Governor to commute said
26sentence.

27(2) A person convicted under subsection <-(a) or (a.1) may
28be sentenced to a term of imprisonment which shall be fixed
29by the court at not more than 40 years if:

30(i) bodily injury results to a firefighter, police

1officer or other person actively engaged in fighting the
2fire; or

3(ii) serious bodily injury results to a civilian.

4* * *

5(f) Possession of explosive or incendiary materials or
6devices.--A person commits a felony of the third degree if he
7possesses, manufactures or transports any incendiary or
8explosive device or material with the intent to use or to
9provide such device or material to commit any offense described
10in [subsection (a), (c) or (d)] this chapter.

11* * *

12Section 3. Section 9714(g) of Title 42, amended October 25,
132012 (P.L.1655, No.204), is amended to read:

14§ 9714. Sentences for second and subsequent offenses.

15* * *

16(g) Definition.--As used in this section, the term "crime of 
17violence" means murder of the third degree, voluntary 
18manslaughter, manslaughter of a law enforcement officer as 
19defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal 
20homicide of law enforcement officer), murder of the third degree 
21involving an unborn child as defined in 18 Pa.C.S. § 2604(c) 
22(relating to murder of unborn child), aggravated assault of an 
23unborn child as defined in 18 Pa.C.S. § 2606 (relating to 
24aggravated assault of unborn child), aggravated assault as 
25defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to 
26aggravated assault), assault of law enforcement officer as 
27defined in 18 Pa.C.S. § 2702.1 (relating to assault of law 
28enforcement officer), use of weapons of mass destruction as 
29defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass 
30destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
 

1(relating to terrorism), trafficking of persons when the offense 
2is graded as a felony of the first degree as provided in 18 
3Pa.C.S. § 3002 (relating to trafficking of persons), rape, 
4involuntary deviate sexual intercourse, aggravated indecent 
5assault, incest, sexual assault, arson endangering persons or 
6aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) 
7(relating to arson and related offenses), ecoterrorism as 
8classified in 18 Pa.C.S. § 3311(b)(3) (relating to 
9ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 
103502(a)(1) (relating to burglary), robbery as defined in 18 
11Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or 
12robbery of a motor vehicle, drug delivery resulting in death as 
13defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery 
14resulting in death), or criminal attempt, criminal conspiracy or 
15criminal solicitation to commit murder or any of the offenses 
16listed above, or an equivalent crime under the laws of this 
17Commonwealth in effect at the time of the commission of that 
18offense or an equivalent crime in another jurisdiction.

19Section 4. Title 42 is amended by adding a section to read:

20§ 9720.5. Sentencing for arson offenses.

21The Pennsylvania Commission on Sentencing shall provide for a
22sentence enhancement for arson offenses if any of the following
23factors are present:

24(1) bodily injury results to a firefighter, police
25officer or other person actively engaged in fighting the
26fire;

27(2) serious bodily injury results to a civilian;

28(3) more than three people were present inside the
29property at the time of the offense;

30(4) the fire caused more than $1,000,000 in property

1damage; or

2(5) the actor used, attempted to use or possessed an
3explosive or incendiary device as defined in 18 Pa.C.S. §
45515(a) (relating to prohibiting of paramilitary training).

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