Regular Session 2017-2018 Senate Bill 0652 P.N. 1553

PRIOR PRINTER'S NO. 752

PRINTER'S NO. 1553

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

652

Session of

2017

INTRODUCED BY REGAN, MARTIN, SCARNATI, RESCHENTHALER, RAFFERTY,

YAW, HUTCHINSON, YUDICHAK, STEFANO AND BARTOLOTTA,

APRIL 25, 2017

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 19, 2018

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in burglary and other criminal

intrusion, further providing for the offense of criminal

trespass.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3503 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

SECTION 1. SECTION 3503(D) OF TITLE 18 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY

ADDING A SUBSECTION TO READ:

§ 3503. Criminal trespass.

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(b.4) Critical infrastructure facility trespasser.--

(1) A person commits an offense if the person does any

of the following:

(i) Enters or attempts to enter PROPERTY CONTAINING

a critical infrastructure facility, knowing that the

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person is not licensed or privileged DOES NOT HAVE THE

PERMISSION OF THE OWNER OR LAWFUL OCCUPANT OF THE

PROPERTY to do so.

(ii) Enters PROPERTY CONTAINING a critical

infrastructure facility with the intent to willfully

damage, destroy, vandalize, deface, tamper with equipment

or impede or inhibit operations of the facility.

(iii) Remains in a critical infrastructure facility

and defies an order to leave that has been communicated

to the person by the owner of the property or other

lawful occupant thereof.

(iv) Conspires with another person to commit a

prohibited act under subparagraph (i), (ii) or (iii).

(2) It is a defense to prosecution under paragraph (1)

(i) that:

(i) entry is made BY AN EMERGENCY SERVICES PROVIDER

in response to a condition within the critical

infrastructure facility that the person EMERGENCY

SERVICES PROVIDER reasonably believes to be a serious

threat to public health or safety as necessitating

immediate entry to the critical infrastructure facility;

(ii) entry is made under exigent circumstances by a

law enforcement officer to:

(A) pursue and apprehend a suspect of criminal

conduct reasonably believed by the officer to be

present within the critical infrastructure facility;

(B) prevent the destruction of evidence of

criminal conduct reasonably believed by the officer

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to be located within the critical infrastructure

facility.

(3) An A FIRST offense under this subsection shall be

graded as follows:

(i) An EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), AN

offense under paragraph (1)(i) constitutes a felony of

the second degree and is punishable by imprisonment for a

term of not more than one year and a fine of not less

than $5,000. THIRD DEGREE.

(II) AN OFFENSE UNDER PARAGRAPH (1)(I) BY AN

INDIVIDUAL UNDER 18 YEARS OF AGE CONSTITUTES A

MISDEMEANOR OF THE THIRD DEGREE.

(ii) An (III) EXCEPT AS PROVIDED IN SUBPARAGRAPH

(IV), AN offense under paragraph (1)(ii), (iii) or (iv)

constitutes a felony of the first SECOND degree and is

punishable by imprisonment for a term of not more than

two years ONE YEAR and a fine of not less than $10,000

$5,000 .

(4) For purposes of this subsection, the term "critical

infrastructure facility" shall mean any of the following, if

completely enclosed by a fence or other physical barrier that

is obviously designated to exclude intruders or if clearly

marked with a sign or signs posted on the property that are

reasonably likely to come to the attention of intruders and

indicate that entry is forbidden without site authorization:

(i) A petroleum or alumina refinery.

(ii) An electrical power generating facility,

substation, switching station, electrical control center

or electrical power lines and associated equipment

infrastructure.

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(iii) A chemical, polymer or rubber manufacturing

facility.

(iv) A water intake structure, water treatment

facility, wastewater treatment plant or pump station.

(v) A natural gas compressor station.

(vi) A liquid natural gas terminal or storage

facility.

(vii) A telecommunication central switching office.

(viii) Wireless telecommunications infrastructure,

including cell towers, telephone poles and lines,

including fiber optic lines.

(ix) A port, railroad switching yard, railroad

tracks, trucking terminal or other freight transportation

facility.

(x) A gas processing plant, including a plant used

in the processing, treatment or fractionation of natural

gas or natural gas liquids.

(xi) A transmission facility used by a federally

licensed radio or television station.

(xii) A steelmaking facility that uses an electric

arc furnace to make steel.

(xiii) A facility identified and regulated by the

Department of Homeland Security Chemical Facility Anti-

Terrorism Standards (CFATS) program.

(xiv) A dam that is regulated by the Federal or

State government.

(xv) A natural gas distribution utility facility,

including, but not limited to, pipeline interconnection,

a city gate or town border station, metering station,

aboveground piping, a regulator station and a natural gas

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storage facility.

(xvi) A crude oil or refined products storage and

distribution facility, including, but not limited to,

valve site, pipeline interconnection, pump station,

metering station, belowground or aboveground pipeline or

piping and truck loading or offloading facility.

(xvii) An aboveground portion of an oil, gas,

hazardous liquid or chemical pipeline, tank or railroad

facility.

(IV) AN OFFENSE UNDER PARAGRAPH (1)(II), (III) OR

(IV) BY AN INDIVIDUAL UNDER 18 YEARS OF AGE CONSTITUTES A

MISDEMEANOR OF THE SECOND DEGREE.

(4) A SECOND OR SUBSEQUENT OFFENSE UNDER THIS SUBSECTION

SHALL BE GRADED AS FOLLOWS:

(I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), AN

OFFENSE UNDER PARAGRAPH (1)(I) CONSTITUTES A FELONY OF

THE SECOND DEGREE AND IS PUNISHABLE BY IMPRISONMENT FOR A

TERM OF NOT MORE THAN ONE YEAR AND A FINE OF NOT LESS

THAN $5,000.

(II) AN OFFENSE UNDER PARAGRAPH (1)(I) BY AN

INDIVIDUAL UNDER 18 YEARS OF AGE CONSTITUTES A

MISDEMEANOR OF THE SECOND DEGREE.

(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV), AN

OFFENSE UNDER PARAGRAPH (1)(II), (III) OR (IV)

CONSTITUTES A FELONY OF THE FIRST DEGREE AND IS

PUNISHABLE BY IMPRISONMENT FOR A TERM OF NOT MORE THAN

TWO YEARS AND A FINE OF NOT LESS THAN $10,000.

(IV) AN OFFENSE UNDER PARAGRAPH (1)(II), (III) OR

(IV) BY AN INDIVIDUAL UNDER 18 YEARS OF AGE CONSTITUTES A

MISDEMEANOR OF THE FIRST DEGREE.

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(D) [DEFINITION.--AS USED IN THIS SECTION, THE TERM "SCHOOL

GROUNDS" MEANS ANY BUILDING OF OR GROUNDS OF ANY ELEMENTARY OR

SECONDARY PUBLICLY FUNDED EDUCATIONAL INSTITUTION, ANY

ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE

DEPARTMENT OF EDUCATION, ANY ELEMENTARY OR SECONDARY PAROCHIAL

SCHOOL, ANY CERTIFIED DAY-CARE CENTER OR ANY LICENSED PRESCHOOL

PROGRAM.] DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"CRITICAL INFRASTRUCTURE FACILITY." ANY OF THE FOLLOWING,

WHETHER CONSTRUCTED OR UNDER CONSTRUCTION, IF COMPLETELY

ENCLOSED BY A FENCE OR OTHER PHYSICAL BARRIER THAT IS OBVIOUSLY

DESIGNATED TO EXCLUDE INTRUDERS OR IF CLEARLY MARKED WITH A SIGN

OR SIGNS POSTED ON THE PROPERTY THAT ARE REASONABLY LIKELY TO

COME TO THE ATTENTION OF INTRUDERS AND INDICATE THAT ENTRY IS

FORBIDDEN WITHOUT SITE AUTHORIZATION IF NOTICE REQUIREMENTS ARE

NOT NECESSARY DURING OBVIOUS AND APPARENT CONSTRUCTION OR FOR A

PIPELINE TO THE EXTENT THAT IT IS MARKED BY A PIPELINE MARKER:

(1) A PETROLEUM OR ALUMINA REFINERY.

(2) AN ELECTRICAL POWER GENERATING FACILITY, SUBSTATION,

SWITCHING STATION, ELECTRICAL CONTROL CENTER OR ELECTRICAL

POWER LINES AND ASSOCIATED EQUIPMENT INFRASTRUCTURE.

(3) A CHEMICAL, POLYMER OR RUBBER MANUFACTURING

FACILITY.

(4) A WATER INTAKE STRUCTURE, WATER TREATMENT AND

DISTRIBUTION INFRASTRUCTURE OR WASTEWATER TREATMENT AND

COLLECTION INFRASTRUCTURE.

(5) A NATURAL GAS COMPRESSOR STATION.

(6) A LIQUID NATURAL GAS TERMINAL OR STORAGE FACILITY.

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(7) A TELECOMMUNICATION CENTRAL SWITCHING OFFICE, REMOTE

TERMINAL OR ANY OTHER EQUIPMENT IN A SECURE ENCLOSURE USED TO

PROVIDE TELECOMMUNICATIONS SERVICES.

(8) WIRELESS AND WIRELINE TELECOMMUNICATIONS

INFRASTRUCTURE, INCLUDING CELL TOWERS, SMALL WIRELESS

FACILITIES, MICROWAVE POLES AND LINES, INCLUDING COPPER AND

FIBER OPTIC LINES AND UNDERGROUND CONDUIT FOR

TELECOMMUNICATIONS SERVICES.

(9) A PORT, RAILROAD SWITCHING YARD, RAILROAD TRACKS,

TRUCKING TERMINAL OR OTHER FREIGHT TRANSPORTATION FACILITY.

(10) A GAS PROCESSING PLANT, INCLUDING A PLANT USED IN

THE PROCESSING, TREATMENT OR FRACTIONATION OF NATURAL GAS OR

NATURAL GAS LIQUIDS.

(11) A TRANSMISSION FACILITY USED BY A FEDERALLY

LICENSED RADIO OR TELEVISION STATION.

(12) A STEELMAKING FACILITY THAT USES AN ELECTRIC ARC

FURNACE TO MAKE STEEL.

(13) A FACILITY IDENTIFIED AND REGULATED BY THE

DEPARTMENT OF HOMELAND SECURITY CHEMICAL FACILITY ANTI-

TERRORISM STANDARDS (CFATS) PROGRAM.

(14) A DAM THAT IS REGULATED BY THE FEDERAL OR STATE

GOVERNMENT.

(15) A NATURAL GAS TRANSMISSION OR DISTRIBUTION UTILITY

FACILITY, INCLUDING, BUT NOT LIMITED TO, PIPELINE

INTERCONNECTION, A CITY GATE OR TOWN BORDER STATION, METERING

STATION, ABOVEGROUND PIPING, A REGULATOR STATION AND A

NATURAL GAS STORAGE FACILITY.

(16) A CRUDE OIL OR REFINED PRODUCTS STORAGE AND

DISTRIBUTION FACILITY, INCLUDING, BUT NOT LIMITED TO, A VALVE

SITE, PIPELINE INTERCONNECTION, PUMP STATION, METERING

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STATION, BELOWGROUND OR ABOVEGROUND PIPELINE OR PIPING AND

TRUCK LOADING OR OFFLOADING FACILITY.

(17) AN ABOVEGROUND PORTION OF AN OIL, GAS, HAZARDOUS

LIQUID OR CHEMICAL PIPELINE, TANK OR RAILROAD FACILITY OR

OTHER RELATED STORAGE FACILITY.

(18) OIL AND GAS PRODUCTION FACILITIES, INCLUDING, BUT

NOT LIMITED TO, WELL SITES, SEPARATION AND DEHYDRATION

FACILITIES, PRODUCED STORAGE AND METER STATIONS.

(19) PIPELINES USED TO TRANSPORT NATURAL GAS, OIL OR

REFINED PRODUCTS, WHETHER BURIED OR ABOVE GROUND.

(20) EQUIPMENT AND MACHINERY, REGARDLESS OF WHETHER

STORED ON LOCATION OR AT A STORAGE YARD, TO THE EXTENT THAT

IT IS USED TO CONSTRUCT A CRITICAL INFRASTRUCTURE FACILITY.

(21) AN ENERGY FACILITY AS DEFINED IN 18 U.S.C. §

1366(C) (RELATING TO DESTRUCTION OF AN ENERGY FACILITY).

"EMERGENCY SERVICES PROVIDER." AN EMERGENCY MEDICAL

RESPONDER, EMERGENCY MEDICAL TECHNICIAN, ADVANCED EMERGENCY

MEDICAL TECHNICIAN OR A PARAMEDIC AS DEFINED IN 35 PA.C.S. §

8103 (RELATING TO DEFINITIONS).

"SCHOOL GROUNDS." THE BUILDING OR GROUNDS OF AN ELEMENTARY

OR SECONDARY PUBLICLY FUNDED EDUCATIONAL INSTITUTION, AN

ELEMENTARY OR SECONDARY PRIVATE SCHOOL LICENSED BY THE

DEPARTMENT OF EDUCATION, AN ELEMENTARY OR SECONDARY PAROCHIAL

SCHOOL, A CERTIFIED DAY-CARE CENTER OR A LICENSED PRESCHOOL

PROGRAM.

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

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