A01715
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
365
Session of
2019
INTRODUCED BY WHITE, FEBRUARY 4, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in burglary and other criminal
intrusion, providing for arrest or removal of persons from
residential property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3503.1. Arrest or removal Removal of persons from residential
property.
(a) General rule.--A law enforcement officer having probable
cause based on an affidavit under subsection (d) to believe that
a person on residential property has no lawful right of
occupancy or entry on the property or is trespassing as provided
under section 3503 (relating to criminal trespass), shall have
the authority to arrest the person or to remove the person from
the premises without making an arrest.
(b) Warrant required.--If probable cause exists to believe
that a person on a residential property has no lawful right of
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occupancy or entry based on an affidavit submitted under
subsection (d), a law enforcement officer shall obtain a search
warrant prior to entering the property.
(c) Limitation.--A law enforcement officer arresting or
removing a person under this section shall provide the person
with a reasonable opportunity to secure and present credible
evidence showing that the person is an owner or tenant or a
guest or invitee of an owner or tenant.
(d) Affidavit.--The owner of residential property may
initiate an investigation and request removal of a person by
providing to law enforcement a signed affidavit stating all of
the following:
(1) The affiant is the owner or authorized agent of the
owner of residential property located at a given address.
(2) A person who is not licensed or privileged to do so
has entered or remained on the premises.
(3) The person is not and, to the affiant's knowledge
and belief, has not been a tenant at the address.
(4) The affiant has demanded that the person vacate the
premises and the person has not done so.
(5) The affiant understands that a person removed from
residential property under this section may bring a cause of
action for damages resulting from a false statement made in
the affidavit.
(6) The affiant understands and acknowledges the
prohibitions in the act of April 6, 1951 (P.L.69, No.20),
known as The Landlord and Tenant Act of 1951, against taking
or detaining a tenant's personal property or removing or
excluding a tenant from residential property without an
authorizing court order.
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(e) False statements.--A person who makes a false statement
in an affidavit under subsection (d) when the person does not
believe the statement to be true commits an offense under
section 4903 (relating to false swearing). In addition to
criminal penalties, the affiant may be liable for civil damages
resulting from the false statement.
(f) Savings clause.--Nothing in this section shall be
construed to abrogate or otherwise limit the authority or
jurisdiction of law enforcement otherwise provided by law.
(f) (g) Definition.--As used in this section, the term
"residential property" means a dwelling intended for human
habitation, including a house, apartment, mobile home or
manufactured home.
Section 2. This act shall take effect in 60 days.
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