Regular Session 2021-2022 Senate Bill 0293 P.N. 0296

PRINTER'S NO. 296

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

293

Session of

2021

INTRODUCED BY MASTRIANO, ARGALL, J. WARD, BROOKS, DUSH, PITTMAN,

REGAN, SCAVELLO AND STEFANO, MARCH 2, 2021

REFERRED TO JUDICIARY, MARCH 2, 2021

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in offenses against the flag,

providing for the offense of desecration of public monument;

and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 21 heading of Title 18 of the

Pennsylvania Consolidated Statutes is amended to read:

CHAPTER 21

OFFENSES AGAINST THE FLAG AND PUBLIC MONUMENTS

Section 2. Title 18 is amended by adding a section to read:

§ 2104. Desecration of public monument.

(a) Offense defined.--A person is guilty of the offense of

desecration of a public monument if the person:

(1) willfully destroys, mutilates, defaces, injures or

removes a public monument; or

(2) willfully destroys, mutilates, defaces, injures or

removes a fence, railing, enclosure or other work for the

protection of a public monument.

(b) Grading of offense.--Desecration of a public monument

constitutes a:

(1) Misdemeanor of the first degree when the damage to

the property is at least $200 but less than $2,000.

(2) Felony of the third degree when the damage to the

property is more than $2,000 but less than $100,000.

(3) Felony of the second degree when the damage to the

property is at least $100,000 but less than $500,000.

(4) Felony of the first degree when the damage to the

property is $500,000 or more.

section shall, in addition to any other fines or court fees

imposed, be sentenced to pay restitution in an amount equal to

the cost of the property damage, including the cost of

replacement of the public monument or the fence, railing,

enclosure or other work for the protection of the public

monument, as applicable.

(d) Removal of public monument.--A public monument may not

be permanently removed, except as specifically approved by an

act of the General Assembly. This subsection applies to

monuments erected by the Commonwealth or any municipality if any

money of the Commonwealth was used in the construction or

erection of the public monument.

(e) Jurisdiction to prosecute.--

(1) A district attorney shall have jurisdiction to

prosecute an alleged violation under subsection (a) when the

property on which the public monument is situated is owned by

a municipality within the county.

(2) The Attorney General shall have jurisdiction to

prosecute an alleged violation under subsection (a) when the

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property on which the public monument is located is owned by

the Commonwealth.

(3) The Attorney General shall have concurrent

prosecutorial jurisdiction with the district attorney for a

case arising under subsection (a).

(4) When a district attorney elects not to prosecute

under subsection (a), and has not taken action within 60

days, the Attorney General shall prosecute the case.

(f) Withholding of Commonwealth payments.--

(1) A municipality may not adopt a policy which

prohibits the enforcement of this section. A municipality

that prohibits enforcement of this section shall not be

entitled to any payment of money from the State Treasury,

including any State grants awarded by a State agency.

(2) A district attorney or the Attorney General may

submit written notification to the State Treasurer of a

municipality that refuses to enforce this section and seek

prosecution. A copy of the notification shall be sent to the

municipality.

(3) After receipt of the notification, the State

Treasurer shall withhold payments due to the municipality

until a notification under paragraph (5) or a court order

mandating payment is received.

(4) Each State agency and executive department offering

State grants shall require each municipality to verify under

penalty of perjury that the municipality is in compliance

with this section.

(5) A municipality that has State funding withheld under

paragraph (1) may be reinstated for eligibility for funding

if the municipality agrees to enforce this section and seeks

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prosecution by the district attorney or Attorney General.

Once prosecution has commenced for a violation, the district

attorney or Attorney General shall submit written

notification to the State Treasurer. After notification, the

State Treasurer shall release any payment withheld under

paragraph (1). A copy of the notification shall be sent to

the municipality.

(g) 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:

"Municipality." Any county, city, borough, incorporated

town, township, home rule municipality, optional plan

municipality, optional charter municipality or any similar

general purpose unit of government created or authorized by

statute.

"Policy." An ordinance, resolution, regulation, rule,

practice or any other action, whether formal or informal,

promulgated or enforced by a municipality.

"Public monument." A marker, plaque, column, statue,

memorial structure or work of art that commemorates a famous or

notable person or event and is erected or placed on property

owned, leased or controlled by the Commonwealth or a

municipality.

Section 3. This act shall take effect in 60 days.

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