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PRINTER'S NO. 752
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
652
Session of
2017
INTRODUCED BY REGAN, MARTIN, SCARNATI, RESCHENTHALER, RAFFERTY,
YAW, HUTCHINSON AND YUDICHAK, APRIL 25, 2017
REFERRED TO JUDICIARY, APRIL 25, 2017
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 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 3503. Criminal trespass.
* * *
(b.4) Critical infrastructure facility trespasser.--
(1) A person commits an offense if the person does any
of the following:
(i) Enters or attempts to enter a critical
infrastructure facility, knowing that the person is not
licensed or privileged to do so.
(ii) Enters a critical infrastructure facility with
the intent to willfully damage, destroy, vandalize,
deface, tamper with equipment or impede or inhibit
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operations of the facility.
(iii) Remains in a critical infrastructure facility
and defies an order to leave that has been communicated
to the person by the owner of the property or other
lawful occupant thereof.
(iv) Conspires with another person to commit a
prohibited act under subparagraph (i), (ii) or (iii).
(2) It is a defense to prosecution under paragraph (1)
(i) that:
(i) entry is made in response to a condition within
the critical infrastructure facility that the person
reasonably believes to be a serious threat to public
health or safety as necessitating immediate entry to the
critical infrastructure facility; or
(ii) entry is made under exigent circumstances by a
law enforcement officer to:
(A) pursue and apprehend a suspect of criminal
conduct reasonably believed by the officer to be
present within the critical infrastructure facility;
or
(B) prevent the destruction of evidence of
criminal conduct reasonably believed by the officer
to be located within the critical infrastructure
facility.
(3) An offense under this subsection shall be graded as
follows:
(i) An offense under paragraph (1)(i) constitutes a
felony of the second degree and is punishable by
imprisonment for a term of not more than one year and a
fine of not less than $5,000.
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(ii) An offense under paragraph (1)(ii), (iii) or
(iv) constitutes a felony of the first degree and is
punishable by imprisonment for a term of not more than
two years and a fine of not less than $10,000.
(4) For purposes of this subsection, the term "critical
infrastructure facility" shall mean any of the following, if
completely enclosed by a fence or other physical barrier that
is obviously designated to exclude intruders or if clearly
marked with a sign or signs posted on the property that are
reasonably likely to come to the attention of intruders and
indicate that entry is forbidden without site authorization:
(i) A petroleum or alumina refinery.
(ii) An electrical power generating facility,
substation, switching station, electrical control center
or electrical power lines and associated equipment
infrastructure.
(iii) A chemical, polymer or rubber manufacturing
facility.
(iv) A water intake structure, water treatment
facility, wastewater treatment plant or pump station.
(v) A natural gas compressor station.
(vi) A liquid natural gas terminal or storage
facility.
(vii) A telecommunication central switching office.
(viii) Wireless telecommunications infrastructure,
including cell towers, telephone poles and lines,
including fiber optic lines.
(ix) A port, railroad switching yard, railroad
tracks, trucking terminal or other freight transportation
facility.
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(x) A gas processing plant, including a plant used
in the processing, treatment or fractionation of natural
gas or natural gas liquids.
(xi) A transmission facility used by a federally
licensed radio or television station.
(xii) A steelmaking facility that uses an electric
arc furnace to make steel.
(xiii) A facility identified and regulated by the
Department of Homeland Security Chemical Facility Anti-
Terrorism Standards (CFATS) program.
(xiv) A dam that is regulated by the Federal or
State government.
(xv) A natural gas distribution utility facility,
including, but not limited to, pipeline interconnection,
a city gate or town border station, metering station,
aboveground piping, a regulator station and a natural gas
storage facility.
(xvi) A crude oil or refined products storage and
distribution facility, including, but not limited to,
valve site, pipeline interconnection, pump station,
metering station, belowground or aboveground pipeline or
piping and truck loading or offloading facility.
(xvii) An aboveground portion of an oil, gas,
hazardous liquid or chemical pipeline, tank or railroad
facility.
* * *
Section 2. This act shall take effect in 60 days.
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