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
17secondary metal unlawfully obtained is less than $50.

18(2) When the value of the secondary metal unlawfully

1obtained is $50 or more but less than $200 the offense
2constitutes a misdemeanor of the second degree.

3(3) When the value of the secondary metal unlawfully
4obtained is $200 or more but less than $1,000 the offense
5constitutes a misdemeanor of the first degree.

6(4) When the value of the secondary metal unlawfully
7obtained is $1,000 or more, the offense constitutes a felony
8of the third degree.

9(c) Third or subsequent offenses.--An offense under this
10section constitutes a felony of the third degree when the
11offense is a third or subsequent offense, regardless of the
12value of the secondary metal. For purposes of this subsection, a
13first offense includes a conviction, acceptance of Accelerated
14Rehabilitative Disposition or other form of preliminary
15disposition before the sentencing on the present violation for
16an offense under this section or an offense substantially
17similar to an offense under this section.

18(d) Definition.--As used in this section, the term
19"secondary metal" means any of the following that is valuable
20for recycling or reuse as raw material:

21(1) Wire, pipe or cable commonly used by any of the
22following:

23(i) Communications, gas and electrical utilities.

24(ii) Railroads.

25(iii) Mass transit or commuter rail agencies.

26(2) Copper, aluminum or other metal, or a combination of
27metals.

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