PRINTER'S NO. 48
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
71
Session of
2019
INTRODUCED BY STREET, TARTAGLIONE, SCHWANK, LEACH, DINNIMAN,
HUGHES, SANTARSIERO, COSTA AND BROWNE, JANUARY 23, 2019
REFERRED TO JUDICIARY, JANUARY 23, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in arson, criminal mischief and other
property destruction, further providing for the offense of
institutional vandalism.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3307(a) and (b) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
ยง 3307. Institutional vandalism.
(a) Offenses defined.--A person commits the offense of
institutional vandalism if he knowingly desecrates, [as defined
in section 5509 (relating to desecration or sale of venerated
objects)] destroys, vandalizes, defaces or otherwise damages:
(1) any church, synagogue [or], mosque or any other
facility or place used for religious worship or other
religious purposes;
(2) any cemetery, mortuary or other facility used for
the purpose of burial or memorializing the dead;
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(3) any school, educational facility, community center,
municipal building, courthouse facility, State or local
government building or vehicle or juvenile detention center;
(4) the grounds adjacent to and owned or occupied by any
facility set forth in paragraph (1), (2) or (3); or
(5) any personal property located in any facility set
forth in this subsection.
* * *
(b) Grading.--An offense under this section [is a felony of
the third degree if the act is one of desecration as defined in
section 5509 or if the actor causes pecuniary loss in excess of
$5,000. Pecuniary loss includes the cost of repair or
replacement of the property affected. Otherwise, institutional
vandalism is a misdemeanor of the second degree.] shall be
graded as follows:
(1) A felony of the first degree if death results from
the act committed in violation of this section.
(2) A felony of the second degree if bodily injury to a
person, including a public safety officer performing duties
as a direct or proximate result of conduct prohibited by this
section, results from the act committed in violation of this
section or if the act includes the use, attempted use or
threatened use of an instrument of crime, explosives or fire.
(3) A felony of the third degree if:
(i) bodily injury to a person, including a public
safety officer performing duties as a direct or proximate
result of conduct prohibited by this section, results
from the act committed in violation of this section;
(ii) the act is one of desecration; or
(iii) the actor causes pecuniary loss, which
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includes the cost of repair or replacement of the
property affected, in excess of $2,000.
(4) A misdemeanor of the first degree for all other
violations of this section.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Desecrate." As defined in section 5509(b) (relating to
desecration, theft or sale of venerated objects).
"Desecration." As the term "desecrate" is defined in section
5509(b).
"Instrument of crime." As defined in section 907 (relating
to possessing instruments of crime).
Section 2. This act shall take effect in 60 days.
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