AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for burglary.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Section 3502(a)(1) of Title 18 of the
6Pennsylvania Consolidated Statutes, amended July 5, 2012
7(P.L.1050, No.122), is amended and the section is amended by
8adding subsections to read:

9§ 3502. Burglary.

10(a) Offense defined.--A person commits the offense of
11burglary if, with the intent to commit a crime therein, the
12person:

13(1) (i) enters a building or occupied structure, or 
14separately secured or occupied portion thereof that is 
15adapted for overnight accommodations in which at the time 
16of the offense any person is present and the person 
17commits, attempts or threatens to commit a bodily injury
 

1crime therein;

2(ii) enters a building or occupied structure, or
3separately secured or occupied portion thereof that is
4adapted for overnight accommodations in which at the time
5of the offense any person is present;

6* * *

7(e) Penalty.--In addition to any other penalty provided by
8law, a person convicted under subsection (a)(1)(i) shall be
9sentenced to a term of imprisonment which is the greater of the
10following:

11(1) Not more than 40 years.

12(2) The mandatory maximum sentence that may be imposed
13under 42 Pa.C.S. § 9714(a.1) (relating to sentences for
14second and subsequent offenses).

15(f) Definitions.--As used in this section the following
16words and phrases shall have the meanings given to them in this
17subsection:

18"Bodily injury crime." As follows:

19(1) An act, attempt or threat to commit an act which
20would constitute a misdemeanor or felony under the following:

21Chapter 25 (relating to criminal homicide).

22Chapter 27 (relating to assault).

23Chapter 29 (relating to kidnapping).

24Chapter 31 (relating to sexual offenses).

25Section 3301 (relating to arson and related
26offenses).

27Chapter 37 (relating to robbery).

28Chapter 49 Subch. B (relating to victim and witness
29intimidation).

30(2) The term includes violations of any protective order

1issued as a result of an act related to domestic violence.

2Section 2. This act shall take effect in 60 days.