1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, defining the offense of theft of
3secondary metal; and prescribing penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

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
13owner thereof.

14(b) Grading.--Except as set forth in subsection (c):

15(1) An offense under this section constitutes a
16misdemeanor of the third degree when the value of the

1secondary metal unlawfully obtained is less than $50.

2(2) When the value of the secondary metal unlawfully
3obtained is $50 or more but less than $200 the offense
4constitutes a misdemeanor of the second degree.

5(3) When the value of the secondary metal unlawfully
6obtained is $200 or more but less than $1,000 the offense
7constitutes a misdemeanor of the first degree.

8(4) When the value of the secondary metal unlawfully
9obtained is $1,000 or more, the offense constitutes a felony
10of the third degree.

11(c) Third or subsequent offenses.--An offense under this
12section constitutes a felony of the third degree when the
13offense is a third or subsequent offense, regardless of the
14value of the secondary metal. For purposes of this subsection, a
15first <-and second offense includes a conviction, acceptance of
16Accelerated Rehabilitative Disposition or other form of
17preliminary disposition before the sentencing on the present
18violation for an offense under this section or an offense
19substantially similar to an offense under this section <-under
20section 3921 (relating to theft by unlawful taking or

22(d) Definition.--As used in this section, the term 
23"secondary metal" means wire, pipe or cable commonly used by 
24communications, gas and electrical utilities and railroads and 
25mass transit or commuter rail agencies, copper, aluminum or 
26other metal, or a combination of metals, that is valuable for 
27recycling or reuse as raw material.

28Section 2. This act shall take effect in 60 days.