1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, further providing for possession of firearm or
4other dangerous weapon in court facility, for arson and
5related offenses and for sentences for second and subsequent
6offenses; and providing for sentencing for arson offenses.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 913(f) of Title 18 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 913. Possession of firearm or other dangerous weapon in court
12facility.

13* * *

14(f) Definitions.--As used in this section, the following
15words and phrases shall have the meanings given to them in this
16subsection:

17"Court facility." The courtroom of a court of record; a 
18courtroom of a community court; the courtroom of a magisterial 
19district judge; a courtroom of the Philadelphia Municipal Court;
 

1a courtroom of the Pittsburgh Magistrates Court; a courtroom of 
2the Traffic Court of Philadelphia; judge's chambers; witness 
3rooms; jury deliberation rooms; attorney conference rooms; 
4prisoner holding cells; offices of court clerks, the district 
5attorney, the sheriff and probation and parole officers; and any 
6adjoining corridors.

7"Dangerous weapon." A bomb, any explosive or incendiary 
8device or material when possessed with intent to use or to 
9provide such device or material to commit any offense described 
10in Chapter 33 (relating to arson, criminal mischief and other 
11property destruction), grenade, blackjack, sandbag, metal 
12knuckles, dagger, knife (the blade of which is exposed in an 
13automatic way by switch, push-button, spring mechanism or 
14otherwise) or other implement for the infliction of serious 
15bodily injury which serves no common lawful purpose.

16"Firearm." Any weapon, including a starter gun, which will 
17or is designed to expel a projectile or projectiles by the 
18action of an explosion, expansion of gas or escape of gas. The 
19term does not include any device designed or used exclusively 
20for the firing of stud cartridges, explosive rivets or similar 
21industrial ammunition.

22Section 2. Section 3301(b) and (f) of Title 18 are amended
23and the section is amended by adding a subsection to read:

24§ 3301. Arson and related offenses.

25* * *

26(a.1) Aggravated arson.--

27(1) A person commits a felony of the first degree if he 
28intentionally starts a fire or causes an explosion, or if he 
29aids, counsels, pays or agrees to pay another to cause a fire 
30or explosion, whether on his own property or on that of
 

1another, and if:

2(i) he attempts to cause, or intentionally,
3knowingly or recklessly causes bodily injury to another
4person, including, but not limited to, a firefighter,
5police officer or other person actively engaged in
6fighting the fire; or

7(ii) he commits the offense when a person is present 
8inside the property at the time of the offense.

9(2) A person who commits aggravated arson is guilty of
10murder of the second degree if the fire or explosion causes
11the death of any person, including, but not limited to, a
12firefighter, police officer or other person actively engaged
13in fighting the fire.

14(b) Sentence.--[A person convicted of violating the]

15(1) A person convicted of violating the provisions of
16subsection (a)(2), murder of the first degree, shall be
17sentenced to death or life imprisonment without right to
18parole; a person convicted of murder of the second degree,
19pursuant to subsection (a)(2), shall be sentenced to life
20imprisonment without right to parole. Notwithstanding
21provisions to the contrary, no language herein shall infringe
22upon the inherent powers of the Governor to commute said
23sentence.

24(2) A person convicted under subsection (a) or (a.1) may
25be sentenced to a term of imprisonment which shall be fixed
26by the court at not more than 40 years if:

27(i) bodily injury results to a firefighter, police
28officer or other person actively engaged in fighting the
29fire; or

30(ii) serious bodily injury results to a civilian.

1* * *

2(f) Possession of explosive or incendiary materials or
3devices.--A person commits a felony of the third degree if he
4possesses, manufactures or transports any incendiary or
5explosive device or material with the intent to use or to
6provide such device or material to commit any offense described
7in [subsection (a), (c) or (d)] this chapter.

8* * *

9Section 3. Section 9714(g) of Title 42, amended October 25,
102012 (P.L.1655, No.204), is amended to read:

11§ 9714. Sentences for second and subsequent offenses.

12* * *

13(g) Definition.--As used in this section, the term "crime of 
14violence" means murder of the third degree, voluntary 
15manslaughter, manslaughter of a law enforcement officer as 
16defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal 
17homicide of law enforcement officer), murder of the third degree 
18involving an unborn child as defined in 18 Pa.C.S. § 2604(c) 
19(relating to murder of unborn child), aggravated assault of an 
20unborn child as defined in 18 Pa.C.S. § 2606 (relating to 
21aggravated assault of unborn child), aggravated assault as 
22defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to 
23aggravated assault), assault of law enforcement officer as 
24defined in 18 Pa.C.S. § 2702.1 (relating to assault of law 
25enforcement officer), use of weapons of mass destruction as 
26defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass 
27destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) 
28(relating to terrorism), trafficking of persons when the offense 
29is graded as a felony of the first degree as provided in 18 
30Pa.C.S. § 3002 (relating to trafficking of persons), rape,
 

1involuntary deviate sexual intercourse, aggravated indecent 
2assault, incest, sexual assault, arson endangering persons or 
3aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) 
4(relating to arson and related offenses), ecoterrorism as 
5classified in 18 Pa.C.S. § 3311(b)(3) (relating to 
6ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 
73502(a)(1) (relating to burglary), robbery as defined in 18 
8Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or 
9robbery of a motor vehicle, drug delivery resulting in death as 
10defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery 
11resulting in death), or criminal attempt, criminal conspiracy or 
12criminal solicitation to commit murder or any of the offenses 
13listed above, or an equivalent crime under the laws of this 
14Commonwealth in effect at the time of the commission of that 
15offense or an equivalent crime in another jurisdiction.

16Section 4. Title 42 is amended by adding a section to read:

17§ 9720.5. Sentencing for arson offenses.

18The Pennsylvania Commission on Sentencing shall provide for a
19sentence enhancement for arson offenses if any of the following
20factors are present:

21(1) bodily injury results to a firefighter, police
22officer or other person actively engaged in fighting the
23fire;

24(2) serious bodily injury results to a civilian;

25(3) more than three people were present inside the
26property at the time of the offense;

27(4) the fire caused more than $1,000,000 in property
28damage; or

29(5) the actor used, attempted to use or possessed an
30explosive or incendiary device as defined in 18 Pa.C.S. §

15515(a) (relating to prohibiting of paramilitary training).

2Section 5. This act shall take effect in 60 days.