1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing <-for burglary, for 
3robbery, for grading of theft offenses and for the offense of
4retail theft.

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

7Section 1. Section 3929(f) of Title 18 of the Pennsylvania<-
8Consolidated Statutes is amended by adding a definition to read:

9Section 1. Sections 3502(c)(2) and 3701(b) of Title 18 of<-
10the Pennsylvania Consolidated Statutes are amended to read:

11§ 3502. Burglary.

12* * *

13(c) Grading.--

14* * *

15(2) [An] As follows:

16(i) Except under subparagraph (ii), an offense under 
17subsection (a)(4) is a felony of the second degree.

18(ii) If the actor's intent upon entering the

1building, structure or portion under subparagraph (i) is
2to commit theft of a controlled substance or designer
3drug as those terms are defined in section 2 of the act
4of April 14, 1972 (P.L.233, No.64), known as The
5Controlled Substance, Drug, Device and Cosmetic Act,
6burglary is a felony of the first degree.

7* * *

8§ 3701. Robbery.

9* * *

10(b) Grading.--[Robbery]

11(1) Except as provided under paragraph (2), robbery
12under subsection (a)(1)(iv) and (vi) is a felony of the
13second degree; robbery under subsection (a)(1)(v) is a felony
14of the third degree; otherwise, it is a felony of the first
15degree.

16(2) If the object of a robbery under paragraph (1) is a
17controlled substance or designer drug as those terms are
18defined in section 2 of the act of April 14, 1972 (P.L.233,
19No.64), known as The Controlled Substance, Drug, Device and
20Cosmetic Act, robbery is a felony of the first degree.

21Section 2. Section 3903(a) of Title 18 is amended by adding
22a paragraph to read:

23§ 3903. Grading of theft offenses.

24(a) Felony of the second degree.--Theft constitutes a felony
25of the second degree if:

26* * *

27(5) The property stolen is a controlled substance or 
28designer drug as those terms are defined in section 2 of the 
29act of April 14, 1972 (P.L.233, No.64), known as The 
30Controlled Substance, Drug, Device and Cosmetic Act.

1* * *

2Section 3. Section 3929(b)(1)(v) of Title 18 is amended and
3the section is amended by adding a subsection to read:

4§ 3929. Retail theft.

5* * *

<-6(b) Grading.--

7(1) Retail theft constitutes a:

8* * *

9(v) Felony of the third degree when the amount
10involved exceeds [$2,000] $1,000 or if the merchandise
11involved is a firearm or a motor vehicle.

12* * *

13(b.1) Calculation of prior offenses.--For the purposes of
14this section, in determining whether an offense is a first,
15second, third or subsequent offense, the court shall include a
16conviction, acceptance of accelerated rehabilitative disposition
17or other form of preliminary disposition, occurring before the
18sentencing on the present violation, for an offense under this
19section, an offense substantially similar to an offense under
20this section or under the prior laws of this Commonwealth or a
21similar offense under the statutes of any other state or of the
22United States.

23* * *

24(f) Definitions.--

25* * *

26"First offense." Any conviction, acceptance of Accelerated
27Rehabilitative Disposition or other form of preliminary
28disposition before the sentencing on the present violation for
29an offense under this section or an offense substantially
30similar to an offense under this section.

1* * *

2Section 4. The amendment or addition of 18 Pa.C.S. §§
33502(c)(2), 3701(b) and 3903(a)(5) shall apply to offenses
4committed on or after the effective date of this section.

5Section 4. The amendment or addition of 18 Pa.C.S. §§<-
63502(c)(2), 3701(b), 3903(a)(5) and 3929(b)(1)(v) shall apply to
7offenses committed on or after the effective date of this
8section.

9Section 2<- 5. The amendment of 18 Pa.C.S. § 3929(f) 18 
10Pa.C.S. § 3929(b.1) shall apply to sentences imposed on or after
11the effective date of this section.

12Section <-3 6. This act shall take effect in 60 days.