PRINTER'S NO. 373
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
399
Session of
2021
INTRODUCED BY ORTITAY, FEBRUARY 4, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 2021
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(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) Evaluation for gambling disorder.--
(1) Upon conviction or admission to Accelerated
Rehabilitative Disposition or other pretrial diversion
program of a person for an offense committed under subsection
(b), where the person's name is included on a self-exclusion
list and the offense was committed at a licensed facility or
a video gaming area, the court may direct that the person be
evaluated in a manner deemed appropriate by the court to
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determine:
(i) if the person has a gambling disorder; and
(ii) whether there is a need for counseling or
treatment as part of the sentence or preadjudication
disposition.
(2) The evaluation shall be conducted by a clinician
appointed by the court and shall include recommendations for
levels of care, continuing care and monitoring.
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(d) [Definition] Definitions.--As used in this section, the
[term "school grounds" means any] following words and phrases
shall have the meanings given to them in this subsection:
"Establishment licensee." As defined in 4 Pa.C.S. § 3102
(relating to definitions).
"Licensed facility." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"Licensed gaming entity." As defined in 4 Pa.C.S. § 1103.
"School grounds." 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.
"Self-exclusion list." The lists established and maintained
by the Pennsylvania Gaming Control Board under 4 Pa.C.S. §§ 1516
(relating to list of persons self excluded from gaming
activities) and 3903 (relating to self-exclusion) or self-
exclusion lists maintained by a licensed gaming entity which
meets the minimum criteria stated in 4 Pa.C.S. § 1516 or by an
establishment licensee which meets the minimum criteria stated
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in 4 Pa.C.S. § 3903.
"Video gaming area." As defined in 4 Pa.C.S. § 3102.
Section 2. This act shall take effect in 60 days.
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