PRIOR PRINTER'S NO. 1400
PRINTER'S NO. 1679
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1062
Session of
2015
INTRODUCED BY RAFFERTY, SABATINA, EICHELBERGER, FONTANA,
YUDICHAK, COSTA, TARTAGLIONE, WOZNIAK, BOSCOLA, AUMENT,
MENSCH, HUGHES, FARNESE AND BROWNE, NOVEMBER 13, 2015
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, APRIL 11, 2016
AN ACT
Amending Title TITLES 18 (Crimes and Offenses) AND 42 (JUDICIARY
AND JUDICIAL PROCEDURE) of the Pennsylvania Consolidated
Statutes, in burglary and other criminal intrusions, further
providing for burglary; AND, IN SENTENCING, PROVIDING FOR
SENTENCING FOR BURGLARY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3502(a)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding subsections A SUBSECTION to read:
§ 3502. Burglary.
(a) Offense defined.--A person commits the offense of
burglary if, with the intent to commit a crime therein, the
person:
(1) (i) enters a building or occupied structure, or
separately secured or occupied portion thereof, that is
adapted for overnight accommodations in which at the time
of the offense any person is present and the person
commits, attempts or threatens to commit a bodily injury
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crime therein;
(ii) enters a building or occupied structure, or
separately secured or occupied portion thereof that is
adapted for overnight accommodations in which at the time
of the offense any person is present;
* * *
(e) Penalty.--The maximum sentence for a person convicted
under subsection (a)(1)(i) shall be the greater of the
following:
(1) Forty years.
(2) The mandatory maximum sentence that may be imposed
under 42 Pa.C.S. § 9714(a.1) (relating to sentences for
second and subsequent offenses).
(f) (E) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Bodily injury crime." As follows:
(1) An act, attempt or threat to commit an act which
would constitute a misdemeanor or felony under the following:
Chapter 25 (relating to criminal homicide).
Chapter 27 (relating to assault).
Chapter 29 (relating to kidnapping).
Chapter 31 (relating to sexual offenses).
Section 3301 (relating to arson and related
offenses).
Chapter 37 (relating to robbery).
Chapter 49 Subch. B (relating to victim and witness
intimidation).
(2) The term includes violations of any protective order
issued as a result of an act related to domestic violence.
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SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 9720.7. SENTENCING FOR BURGLARY.
THE PENNSYLVANIA COMMISSION ON SENTENCING, IN ACCORDANCE WITH
SECTION 2154 (RELATING TO ADOPTION OF GUIDELINES FOR
SENTENCING), SHALL PROVIDE FOR A SENTENCE ENHANCEMENT WITHIN ITS
GUIDELINES FOR AN OFFENSE UNDER 18 PA.C.S. § 3502(A)(1)(I)
(RELATING TO BURGLARY).
Section 2 3. This act shall take effect in 60 days.
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