PRINTER'S NO. 226
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
267
Session of
2017
INTRODUCED BY METCALFE, JAMES, WHEELAND, D. COSTA, GREINER,
NEILSON, O'NEILL, MILLARD, V. BROWN, WATSON, McGINNIS, WARD,
GABLER, FREEMAN AND KORTZ, JANUARY 31, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in theft and related offenses,
defining the offense of theft of secondary metal; and
prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3935.1. Theft of secondary metal.
(a) Offense defined.-- A person commits the offense of theft
of secondary metal if the person unlawfully takes or attempts to
take possession of, carries away or exercises unlawful control
over any secondary metal with intent to deprive the rightful
owner thereof.
(b) Grading.--Except as set forth in subsection (c):
(1) An offense under this section constitutes a
misdemeanor of the third degree when the value of the
secondary metal unlawfully obtained is less than $50.
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(2) When the value of the secondary metal unlawfully
obtained is $50 or more but less than $200 the offense
constitutes a misdemeanor of the second degree.
(3) When the value of the secondary metal unlawfully
obtained is $200 or more but less than $1,000 the offense
constitutes a misdemeanor of the first degree.
(4) When the value of the secondary metal unlawfully
obtained is $1,000 or more, the offense constitutes a felony
of the third degree.
(c) Third or subsequent offenses.-- An offense under this
section constitutes a felony of the third degree when the
offense is a third or subsequent offense, regardless of the
value of the secondary metal. For purposes of this subsection, a
first and second offense includes a conviction, acceptance of
Accelerated Rehabilitative Disposition or other form of
preliminary disposition before the sentencing on the present
violation for an offense under this section or an offense under
section 3921 (relating to theft by unlawful taking or
disposition) .
(d) Definition.--As used in this section, the term
"secondary metal" means wire, pipe or cable commonly used by
communications, gas, water, wastewater and electrical utilities
and railroads and mass transit or commuter rail agencies,
copper, aluminum or other metal, or a combination of metals,
that is valuable for recycling or reuse as raw material.
Section 2. This act shall take effect in 60 days.
20170HB0267PN0226 - 2 -
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