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PRINTER'S NO. 342
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
322
Session of
2015
INTRODUCED BY GINGRICH, DAY, COHEN, YOUNGBLOOD, BOBACK, MURT,
KAUFFMAN, D. COSTA AND GRELL, FEBRUARY 4, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in burglary and other criminal
intrusion, further providing for the offense of criminal
trespass.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3503(d) of Title 18 of the Pennsylvania
Consolidated Statutes, amended November 6, 2014 (P.L.2921,
No.192), is amended and the section is amended by adding a
subsection to read:
§ 3503. Criminal trespass.
* * *
(b.4) Evaluation for gambling disorder.--
(1) Upon conviction, adjudication or plea of nolo
contendere, including admission to Accelerated Rehabilitative
Disposition or other pretrial diversion program of a person
for an offense committed under subsection (b) or (b.1), where
the person's name is included on a self-exclusion list and
the offense was committed at a licensed facility, the court
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may direct that the person be evaluated in a manner deemed
appropriate by the court to determine if:
(i) if the person has a gambling disorder; and
(ii) whether there is a need for counseling or
treatment as part of the sentence or preadjudication
disposition.
(2) The evaluation shall be conducted by a single county
authority for drug and alcohol or its designee and shall
include recommendations for levels of care, continuing care
and monitoring.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Evaluation." An assessment performed by a clinician who
meets the minimum qualifications prescribed by the Department of
Drug and Alcohol Programs for the provision of gambling disorder
counseling.
"Licensed gaming entity." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"Licensed facility." As defined in 4 Pa.C.S. § 1103.
"School grounds." Any building of or grounds of any
elementary or secondary publicly funded educational institution,
any elementary or secondary private school licensed by the
Department of Education, any elementary or secondary parochial
school, any certified day-care center or any licensed preschool
program.
"Secondary metal." As defined in section 3935 (relating to
theft of secondary metal).
"Self-exclusion list." The list established and maintained
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by the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1516
(relating to list of persons self excluded from gaming
activities) or a self-exclusion list maintained by a licensed
gaming entity which meets the minimum criteria stated in 4
Pa.C.S. § 1516.
Section 2. This act shall take effect in 60 days.
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