AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, <-further providing for the offense of 
3criminal trespass; defining the offense of theft of secondary
4metal; and prescribing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

<-7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

<-9Section 1. Section 3503(b.1) of Title 18 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 3503. Criminal trespass.

12* * *

13(b.1) Simple trespasser.--

14(1) A person commits an offense if, knowing that he is
15not licensed or privileged to do so, he enters or remains in
16any place for the purpose of:

17(i) threatening or terrorizing the owner or occupant

1of the premises;

2(ii) starting or causing to be started any fire upon
3the premises; [or]

4(iii) defacing or damaging the premises[.]; or

5(iv) unlawfully taking secondary metal from the
6premises.

7(2) An offense under [this subsection] paragraph (1)(iv) 
8constitutes a first degree misdemeanor. An offense under 
9paragraph (1)(i), (ii) or (iii) constitutes a summary
10offense.

11* * *

12Section 2. Title 18 is amended by adding a section to read:

13§ 3935. Theft of secondary metal.

14(a) Offense defined.--A person commits the offense of theft
15of secondary metal if the person unlawfully takes or attempts to
16take possession of, carries away or exercises unlawful control
17over any secondary metal with intent to deprive the rightful
18owner thereof.

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

20(1) An offense under this section constitutes a
21misdemeanor of the third degree when the value of the
22secondary metal unlawfully obtained is less than $50.

23(2) When the value of the secondary metal unlawfully
24obtained is $50 or more but less than $200 the offense
25constitutes a misdemeanor of the second degree.

26(3) When the value of the secondary metal unlawfully
27obtained is $200 or more but less than $1,000 the offense
28constitutes a misdemeanor of the first degree.

29(4) When the value of the secondary metal unlawfully
30obtained is $1,000 or more, the offense constitutes a felony

1of the third degree.

2(c) Third or subsequent offenses.--An offense under this
3section constitutes a felony of the third degree when the
4offense is a third or subsequent offense, regardless of the
5value of the secondary metal. For purposes of this subsection, a
6first <-and second offense includes a conviction, acceptance of
7Accelerated Rehabilitative Disposition or other form of
8preliminary disposition before the sentencing on the present
9violation for an offense under this section or an offense
10substantially similar to an offense under this section <-under
11section 3921 (relating to theft by unlawful taking or
12disposition).

13(d) Definition.--As used in this section, the term
14"secondary metal" means any of the following that is valuable
15for recycling or reuse as raw material:

16(1) Wire, pipe or cable commonly used by any of the
17following:

18(i) Communications, gas and electrical utilities.

19(ii) Railroads.

20(iii) Mass transit or commuter rail agencies.

21(2) Copper, aluminum or other metal, or a combination of
22metals.

23Section <-2 3. This act shall take effect in 60 days.