PRINTER'S NO. 68
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY METCALFE, CLYMER, D. COSTA, COX, GILLEN, GROVE, C. HARRIS, HESS, KAUFFMAN, KORTZ, LONGIETTI, MILLARD, O'NEILL, PASHINSKI, PETRI, READSHAW, ROCK, SAYLOR, SWANGER, TOEPEL AND WATSON, JANUARY 10, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 10, 2013
8§ 3935. Theft of secondary metal.
9(a) Offense defined.--A person commits the offense of theft
10of secondary metal if the person unlawfully takes or attempts to
11take possession of, carries away or exercises unlawful control
12over any secondary metal with intent to deprive the rightful
14(b) Grading.--Except as set forth in subsection (c):
10(c) Third or subsequent offenses.--An offense under this
11section constitutes a felony of the third degree when the
12offense is a third or subsequent offense, regardless of the
13value of the secondary metal. For purposes of this subsection, a
14first offense includes a conviction, acceptance of Accelerated
15Rehabilitative Disposition or other form of preliminary
16disposition before the sentencing on the present violation for
17an offense under this section or an offense substantially
18similar to an offense under this section.
19(d) Definition.--As used in this section, the term
20"secondary metal" means wire, pipe or cable commonly used by
21communications, gas and electrical utilities and railroads and
22mass transit or commuter rail agencies, copper, aluminum or
23other metal, or a combination of metals, that is valuable for
24recycling or reuse as raw material.
25Section 2. This act shall take effect in 60 days.