PRIOR PRINTER'S NO. 1059 PRINTER'S NO. 1957
No. 951 Session of 1999
INTRODUCED BY SCHRODER, BARD, BROWNE, CIVERA, L. I. COHEN,
DALLY, FAIRCHILD, FICHTER, GODSHALL, HARHAI, HARHART,
HENNESSEY, MARSICO, READSHAW, RUBLEY, SAINATO, SANTONI,
SEYFERT, B. SMITH, STABACK, STERN, E. Z. TAYLOR, THOMAS,
TRELLO, WILLIAMS, COLAFELLA AND FARGO, MARCH 22, 1999
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 1999
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, defining the offense of bomb threats. further <--
4 defining "delinquent act"; prescribing a penalty; and making
5 a repeal.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 2715. Bomb threats.
11 (a) Offense defined.--A person who intentionally:
12 (1) places or sets a bomb or other explosive; <--
13 (2) causes the placement or setting of a bomb or other <--
14 explosive;
15 (3) reports without factual basis of knowledge the
16 existence or potential existence of a bomb or other <--
17 explosive; or
1 (4) threatens by any means the placement or setting of a
2 bomb or other explosive; <--
3 commits an offense under this section. A separate offense shall
4 occur for each placement or setting of a bomb or other explosive <--
5 or each threat to place or set a bomb or other explosive. <--
6 (b) Penalty.--An offense under this section shall be graded
7 as follows:
8 (1) a felony of the third degree for a first offense; <--
9 (2) a felony of the third degree punishable by a
10 mandatory minimum term of imprisonment of six months for a
11 second offense; or
12 (3) a felony of the third degree punishable by a
13 mandatory minimum term of imprisonment of one year for a
14 third or subsequent offense.
15 (1) A MISDEMEANOR OF THE FIRST DEGREE FOR A FIRST <--
16 OFFENSE; OR
17 (2) A FELONY OF THE THIRD DEGREE FOR A SECOND OR
18 SUBSEQUENT OFFENSE.
19 (c) Emergency response costs.--In addition to any fines,
20 fees, costs or restitution provided for by law, the court may
21 order a person convicted under this section to reimburse the
22 State, county or municipal corporation for the costs incurred
23 incident to a bomb threat for emergency response resources
24 reasonably necessary to protect life and property.
25 (d) Proof at sentencing.--The provisions of this subsection <--
26 shall not be an element of the crime and notice thereof to the
27 defendant shall not be required prior to conviction, but
28 reasonable notice of the Commonwealth's intention to proceed
29 under subsection (b)(2) or (3) shall be provided after
30 conviction and before sentencing. The applicability of
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1 subsection (b)(2) or (3) shall be determined at sentencing. The
2 court shall consider any evidence presented at trial and shall
3 afford the Commonwealth and the defendant an opportunity to
4 present any necessary additional evidence and shall determine,
5 by a preponderance of the evidence, if subsection (b)(2) or (3)
6 is applicable.
7 (e) Authority of court in sentencing.--There shall be no
8 authority in any court to impose on an offender to which this
9 section is applicable any lesser sentence than provided for in
10 subsection (b)(2) or (3) or to place such offender on probation
11 or to suspend sentence. Nothing in this section shall prevent
12 the sentencing court from imposing a sentence greater than that
13 provided in this section. Sentencing guidelines promulgated by
14 the Pennsylvania Commission on Sentencing shall not supersede
15 the mandatory sentences provided in this subsection.
16 (f) Appeal by Commonwealth.--If a sentencing court refuses
17 to apply subsection (b)(2) or (3) where applicable, the
18 Commonwealth shall have the right to appellate review of the
19 action of the sentencing court. The appellate court shall vacate
20 the sentence and remand the case to the sentencing court for
21 imposition of a sentence in accordance with subsection (b)(2) or
22 (3) if it finds that the sentence was imposed in violation of
23 the respective paragraph.
24 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "BOMB" <--
25 MEANS AN EXPLOSIVE DEVICE USED FOR UNLAWFUL PURPOSES.
26 Section 2. The definition of "delinquent act" in section <--
27 6302 of Title 42 is amended to read:
28 § 6302. Definitions.
29 The following words and phrases when used in this chapter
30 shall have, unless the context clearly indicates otherwise, the
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1 meanings given to them in this section:
2 * * *
3 "Delinquent act."
4 (1) The term means an act designated a crime under the
5 law of this Commonwealth, or of another state if the act
6 occurred in that state, or under Federal law, or under local
7 ordinances or an act which constitutes indirect criminal
8 contempt under 23 Pa.C.S. Ch. 61 (relating to protection from
9 abuse).
10 (2) The term shall not include:
11 (i) The crime of murder.
12 (ii) Any of the following prohibited conduct where
13 the child was 15 years of age or older at the time of the
14 alleged conduct and a deadly weapon as defined in 18
15 Pa.C.S. § 2301 (relating to definitions) was used during
16 the commission of the offense which, if committed by an
17 adult, would be classified as:
18 (A) Rape as defined in 18 Pa.C.S. § 3121
19 (relating to rape).
20 (B) Involuntary deviate sexual intercourse as
21 defined in 18 Pa.C.S. § 3123 (relating to involuntary
22 deviate sexual intercourse).
23 (C) Aggravated assault as defined in 18 Pa.C.S.
24 § 2702(a)(1) or (2) (relating to aggravated assault).
25 (D) Robbery as defined in 18 Pa.C.S. §
26 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
27 (E) Robbery of motor vehicle as defined in 18
28 Pa.C.S. § 3702 (relating to robbery of motor
29 vehicle).
30 (F) Aggravated indecent assault as defined in 18
19990H0951B1957 - 4 -
1 Pa.C.S. § 3125 (relating to aggravated indecent
2 assault).
3 (G) Kidnapping as defined in 18 Pa.C.S. § 2901
4 (relating to kidnapping).
5 (H) Voluntary manslaughter.
6 (I) An attempt, conspiracy or solicitation to
7 commit murder or any of these crimes as provided in
8 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
9 (relating to criminal solicitation) and 903 (relating
10 to criminal conspiracy).
11 (iii) Any of the following prohibited conduct where
12 the child was 15 years of age or older at the time of the
13 alleged conduct and has been previously adjudicated
14 delinquent of any of the following prohibited conduct
15 which, if committed by an adult, would be classified as:
16 (A) Rape as defined in 18 Pa.C.S. § 3121.
17 (B) Involuntary deviate sexual intercourse as
18 defined in 18 Pa.C.S. § 3123.
19 (C) Robbery as defined in 18 Pa.C.S. §
20 3701(a)(1)(i), (ii) or (iii).
21 (D) Robbery of motor vehicle as defined in 18
22 Pa.C.S. § 3702.
23 (E) Aggravated indecent assault as defined in 18
24 Pa.C.S. § 3125.
25 (F) Kidnapping as defined in 18 Pa.C.S. § 2901.
26 (G) Voluntary manslaughter.
27 (H) An attempt, conspiracy or solicitation to
28 commit murder or any of these crimes as provided in
29 18 Pa.C.S. §§ 901, 902 and 903.
30 (iv) Summary offenses, unless the child fails to
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1 comply with a lawful sentence imposed thereunder, in
2 which event notice of such fact shall be certified to the
3 court.
4 (v) A crime committed by a child who has been found
5 guilty in a criminal proceeding for other than a summary
6 offense.
7 (vi) A third or subsequent offense under 18 Pa.C.S.
8 § 2715 (relating to bomb threats) where the child was 15
9 years of age or older at the time of the alleged conduct.
10 * * *
11 Section 3. Section 329.1 of the act of June 24, 1939
12 (P.L.872, No.375), known as The Penal Code, is repealed.
13 Section 4 2. This act shall take effect in 60 days. <--
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