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A09368
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
652
Session of
2017
INTRODUCED BY REGAN, MARTIN, SCARNATI, RESCHENTHALER, RAFFERTY,
YAW, HUTCHINSON, YUDICHAK, STEFANO, BARTOLOTTA, SCAVELLO,
MENSCH AND VOGEL, APRIL 25, 2017
AS AMENDED ON THIRD CONSIDERATION, MAY 22, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in arson, criminal mischief and other
property destruction, providing for the offense of critical
infrastructure vandalism; and, 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 is amended and the section is amended by
adding a subsection to read:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3314. Critical infrastructure vandalism.
(a) Offense defined.--A person commits the offense of
critical infrastructure vandalism if the person intentionally or
recklessly damages, destroys, vandalizes, defaces or tampers
with equipment in a critical infrastructure facility.
(b) Grading.--Critical infrastructure vandalism constitutes
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a misdemeanor of the third degree except as follows:
(1) If the actor intentionally or recklessly causes
pecuniary loss in excess of $500 but less than $1,000,
critical infrastructure vandalism constitutes a misdemeanor
of the second degree.
(2) If the actor intentionally causes pecuniary loss in
excess of $1,000 but less than $5,000, critical
infrastructure vandalism constitutes a misdemeanor of the
first degree.
(3) If the actor intentionally causes pecuniary loss in
excess of $5,000, critical infrastructure vandalism
constitutes a felony of the third degree.
(c) Restitution.--A person convicted of violating this
section shall, in addition to any other penalty imposed, be
sentenced to pay restitution to the owner of the property
damaged as a result of the violation. Restitution shall be in an
amount up to triple the value of the property damages incurred
as a result of the offense. In ordering restitution under this
subsection, the court shall consider as part of the amount of
property damages the market value of the property prior to the
violation and the production, research, testing, replacement and
development costs directly related to the property.
(d) 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:
"Critical infrastructure." As defined in section 3503(d)
(relating to criminal trespass).
"Pecuniary loss." The term includes the cost of repair or
replacement of the property affected.
Section 2. Section 3503(d) of Title 18 is amended and the
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section is amended by adding a subsection to read:
§ 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 property containing
a critical infrastructure facility, knowing that the
person is not licensed or does not have the permission of
the owner or lawful occupant of the property to do so.
(ii) (i) Enters property containing a critical
infrastructure facility with the intent to willfully
damage, destroy, vandalize, deface, tamper with equipment
or impede or inhibit 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) (ii) 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 by an emergency services provider
in response to a condition within the critical
infrastructure facility that the emergency services
provider 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:
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(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) A first offense under this subsection shall be
graded as follows:
(i) Except as provided in subparagraph (ii), an
offense under paragraph (1)(i) constitutes a felony of
the third degree AND IS PUNISHABLE BY IMPRISONMENT FOR A
TERM OF NOT MORE THAN ONE YEAR AND A FINE OF NOT LESS
THAN $5,000 .
(ii) An offense under paragraph (1)(i) by an
individual under 18 years of age constitutes a
misdemeanor of the third degree.
(iii) Except as provided in subparagraph (iv), an
offense under paragraph (1)(ii), (iii) or (iv)
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 .
(iv) An offense under paragraph (1)(ii), (iii) or
(iv) by an individual under 18 years of age constitutes a
misdemeanor of the second degree.
(4) A second or subsequent offense under this subsection
shall be graded as follows:
(i) Except as provided in subparagraph (ii), an
offense under paragraph (1)(i) constitutes a felony of
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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.
(ii) An offense under paragraph (1)(i) by an
individual under 18 years of age constitutes a
misdemeanor of the second degree.
(iii) Except as provided in subparagraph (iv), 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.
(iv) An offense under paragraph (1)(ii), (iii) or
(iv) by an individual under 18 years of age constitutes a
misdemeanor of the first degree.
(2) Grading is as follows:
(i) A first offense under paragraph (1) constitutes
a felony of the second degree. A person convicted under
this subparagraph shall be sentenced to pay a fine of not
less than $5,000 nor more than $20,000.
(ii) A second offense under paragraph (1)
constitutes a felony of the first degree. A person
convicted under this subparagraph shall be sentenced to
pay a fine of not less than $5,000 nor more than $20,000.
* * *
(d) [Definition.--As used in this section, the term "school
grounds" means 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
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program.] 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:
"Critical infrastructure facility." Any of the following,
whether constructed or under construction, 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 if notice requirements are
not necessary during obvious and apparent construction or for a
pipeline to the extent that it is marked by a pipeline marker:
(1) A petroleum or alumina refinery.
(2) An electrical power generating facility, substation,
switching station, electrical control center or electrical
power lines and associated equipment infrastructure.
(3) A chemical, polymer or rubber manufacturing
facility.
(4) A water intake structure, water treatment and
distribution infrastructure or wastewater treatment and
collection infrastructure.
(5) A natural gas PIPELINE compressor station OR A
LIQUIDS PIPELINE PUMPING STATION .
(6) A liquid natural gas terminal or storage facility.
(7) A telecommunication central switching office, remote
terminal or any other equipment in a secure enclosure used to
provide telecommunications services.
(8) Wireless and wireline telecommunications
infrastructure, including cell towers, small wireless
facilities, microwave , poles and lines, including copper and
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fiber optic lines and underground conduit for
telecommunications services.
(9) A port, railroad switching yard, railroad tracks , or
trucking terminal or other freight transportation facility .
(10) A gas processing plant, including a plant used in
the processing, treatment or fractionation of natural gas or
natural gas liquids.
(11) A transmission facility used by a federally
licensed radio or television station.
(12) A steelmaking facility that uses an electric arc
furnace to make steel.
(13) A facility identified and regulated by the
Department of Homeland Security Chemical Facility Anti-
Terrorism Standards (CFATS) program.
(14) A dam that is regulated by the Federal or State
government.
(15) A natural gas transmission or 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.
(16) A crude oil or refined products storage and
distribution facility, including, but not limited to, a valve
site, pipeline interconnection, pump station, metering
station, belowground or aboveground pipeline or piping and
truck loading or offloading facility.
(17) An aboveground portion of an A NATURAL GAS, oil,
gas, hazardous liquid or chemical pipeline, tank or railroad
facility or other related storage facility.
(18) Oil and gas production facilities, including, but
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not limited to, well sites, separation and dehydration
facilities, produced storage and meter stations.
(19) Pipelines used to transport natural gas, oil or
refined products, whether buried or above ground.
(20) Equipment and machinery, regardless of whether
stored on location or at a storage yard , to the extent that
it is used to construct , maintain or operate a critical
infrastructure facility.
(21) An energy facility as defined in 18 U.S.C. §
1366(c) (relating to destruction of an energy facility).
"Emergency services provider." An emergency medical
responder, emergency medical technician, advanced emergency
medical technician or a paramedic as defined in 35 Pa.C.S. §
8103 (relating to definitions).
"School grounds." The building or grounds of an elementary
or secondary publicly funded educational institution, an
elementary or secondary private school licensed by the
Department of Education, an elementary or secondary parochial
school, a certified day-care center or a licensed preschool
program.
Section 2 3. This act shall take effect in 60 days.
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